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2007/07/10 - RegionalCouncil Information *for period ended July 10, 2001* *Regional* 1. Issues Affecting Niagara's Development 2. OP amendments: Walker Landfill & Urban Area Expansion 3, Fort Erie Urban Modification 4. Welland OP Review 5. Archives Project 6. MOU Improving Planning Function 7. Genesis Court Affordable Housing Complex 8. Niagara Peninsula Conservation Authority Planning Policy Document 9. NPCA Water Quality Report 10. Regional Planning Department 11, Council Highlights 12. Police Services Board Report 13. Joint Board of Management 14. Healthy Living Niagara Event, October 3rd, 12:30 p.m. Niagara'~~`f Region PLANNING AND DEVELOPMENT June 29, 2001 Files: D.13.RE.re D.00 M.11.1 The Regional Municipality of Niagara ~~~~~ ~,~~~~ ~~, - ~ w i~'~#~oad, P.O. Box 1042 ~i I' , t Rio ~2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, 4N L2E 6X5 Dear Mr. lorfida: Re: Nine Issues Affecting Niagara's Development and Conservation Provincial Policy and Practice Elsewhere The attached memo highlights the following nine issues affecting Niagara and some Lessons from experiences elsewhere: 1. Employment LandlEmploymentRreas. 2. Urban Growth Centres. 3. Gateway Economic Zone/Centre. 4. Downtowns. 5. Transit. 6. Culture and Heritage. 7. Agriculture. 8. The Environment. 9. Urban Design The memo is foryour Council's information. Yours truly, c o in T. Cambray, Commissioner ofd Attachment ~~P; RPP nning and Development c: Mr. Doug Darbyson, MCIP, RPP, Director of Planning & Development, City of Niagara Falls Pam Gilroy, Regional Clerk Building Community. Building Lives. C. Niagara'~/~,f Region MEMORANDUM PD 41-2007 FILE: D.13.RE.ni D.13.RE.re DATE: June 12, 2007 TQ: Co-Chairs and Members Planning and Public vllorks Committee FROM: Gorwin T. Cambray, MCIP, RPP Commissioner of Planning and Development SUBJECT: Nine Issues Affecting Niagara Development and Conservation: Provincial Policy and Practices Elsewhere A variety of highlights are briefly set out below on issues affecting Niagara and some lessons from experiences elsewhere. 1. Employment Land/Employment Areas - The Province is looking at employment and provincially significant employment areas under the Growth Plan for the Greater Golden Horseshoe. As a member of a Provincial committee on this topic, I have identified the .possibility of such employment areas as the Gilmore Road area in Fart Erie and the Port Robinson vilest area in Thorold. 2. Urban Growth Centre -The Province is discussing the site and location of urban growth centres. Niagara's centre is in St. Catharines. The Growth Plan requires the delineation of the urban growth centre in the official plan and to achieve a minimum gross density of .150 residents and jobs combined per hectare. 3. Gateway Economic ZonelCentre - Niagara is the only area in the Greater Golden Horseshoe that has these two designations in the Growth Plan. The Province should help de~ne~ them as part of the Region's and local municipalities' work on. Niagara 2031: A Strategy for a Healthy, Sustainable Future for short, the Niagara Growth Strategy}. 4. Downtowns -There is growing action to reinforce the existing urban structures starting with downtowns. The Niagara Region with the local municipalities has started on this path through its Smart~Growth Incentive Program including waiving development charges. Planning provides the means to integrate all the components on the path towards complete, sustainable communities where significant reductions, 54°l0, in energy consumption and improvement in air quality are required. 5. Transit - Transit is important for mobility, an aging population, reduced energy consumption and air quality. The effectiveness of transit is linked to urban structure -its intensification and employment and residential mixed use Hades such as downtowns. 6. Culture and Heritage -These are becoming more significant in attracting and maintaining people and employment. Contextual development sees heritage as an asset. 1. A riculture - A healthy agriculture industry is important. Eating local products has many benefits including reduced energy consumption. Also, there is a strong economic link into other sectors such as tourism. ~tvater for irrigation is necessary and recognition of drainage ditches as agricultural infrastructure first as the Niagara Region has done in its environmental policies needs to be implemented through collaboration with other agencies. 8. The Environment -This is a prominent issue from water and air quality to natural areas and trees. Fortunately, the Region has adopted comprehensive policies Policy Plan Amendment 187} that deal with environmental health and sustainability of our special landscape. 9. Urban DesicLn -The need for good urban design for mixed use development, intensification and heritage conservation is receiving increased emphasis. The Region, with the local municipalities, has developed urban design guidelines that are being employed through the municipal planning process. These nine points are interconnected. Comprehensive integrated planning as exemplified in the Regional and local official plans is needed to bring the components of a community together in an overall vision and then guiding individual decisions on development and conservation towards a sustainable community.. The Province, through its recent plan and policies, has realized the importance of integrated planning. ./- (~ Corwin T. Cambray, MCIP, RPP Commissioner of Planning and D elopment jpulCarwin20071PD4~-2007 memo to PPWC ,~ The Regional Municipality of Niagara i a ara ~ ~ (~ ~ 2201 St. David's Road, P.0. Box 1042 - ~ ~ ~ ;~' ~~ ~ ~r~~~~ ~~+.~prold, Ontario L2v 4T7 I , F~~.L•-= ~~~~~~•- ~~ - -L ~ ~~etephone: 905-984-3630 PLANNING AND DEVELO~ . NT Fax. 905-641-5208 E-mail: plan@regional.niagara.on.ca June 26, 2007 Files: D.13.RE.am 1-2007, D.10.M.11.21 E.01.EN.as, D.01.QU.ap Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 Dear Mr. Darbyson: RED Final Approval Regiana! Policy Plan Amendment 1-2007 and Niagara Falls Official Plan Amendment No. l0 Walker Landfill Expansion City of Niagara Falls This letter follows up on our correspondence from June 25, 2007, notifying you that Regional Council's decision of May 24, 2007 to approve Niagara Falls Official Plan Amendment 70 is final. Two copies of Official Plan Amendment 70 (original and duplicate original} as approved by the Region are enclosed far your records. If you have any questions or require further information, please contact Ken Forgeron, Senior Planner. Yours truly, r orwi . . Cambray, MCIP PP Commissioner of Plan ' nd Development Enclosures c. ' John Barnsley, i o iag a s Francesca Berardi, Gity of Niagara Falls Pam Gilroy, Regional Clerk MSWORWKJF/WALKERLANDFILLEXf'ANSIONPPA/0PA70NFaNs~F'fNALAPPR0VAILTRD0C Building Community. Building Lives. ~ ~ The Regional Municipality of Niagara ~ a ara e ~ o n 2201 St. David's Road, P.O. Box 1042 r . Ontario L2V 4T7 ., ~~ ~~t~l+s. ~Nl~~.~ ~~-~~~~~ !~• ~ t ~ ~-'~~' 'gone: 905-984-3630 PLANNING ANA DEVELOPMENT Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca June 25, 2007 Files: D.13.RE.am 1-2007 D.10.M.11.21 E.01.EN.as D.01.QU.ap Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Re: Nofice of Final Approval Regional Policy Plan Amendmen! 1-2007 and Niagara Falls Officio! Plan Amendmen# No. 70 Walker Landfill Expansion Cify of Niagara Falls Regional Council adopted Amendment 1-2007 to the Regional Policy Plan and approved Niagara Falls Official Plan Amendment No. 70 on May 24, 2007. The Amendments permit a landfill operation and ancillary facilities for the disposal of non-hazardous solid waste in walker's South Quarry which is nearly depleted of stone. Notices of Regional Council's adoption of Policy Plan Amendment 1-2007 and approval of Official Plan Amendment 70 were circulated on May 30, 2007. The last day for filing an appeal to the Ontario Municipal Board was June 19, 2007. The Regional Municipality of Niagara is exempt from the need to seek approval of Regional Policy Plan Amendments from the Minister of Municipal Affairs and Housing and is the approval authority for local official plans. The decision of Regional Council is final if no Notice of Appeal is received during the appeal period. Since no Notice of Appeal has been received, Regional Policy Plan Amendment 1-2007 and Niagara Falls Official Plan Amendment No. 70 are deemed to be approved and take effect as of June ~0, 20Q7. If you have any questions please contact Ke.n Forgeron, MCIP, RPP, Senior Planner in this Department. Yours truly, A Co in T. Cambray, Commissioner of PJ~ c: ing and Development Ms. Pam Gilroy, Regional Clerk Mr. Doug Darbyson, MCIP, RPP, Director of Planning & Development, City of Niagara Falls Mr. John Barnsley, Manager, Policy Planning, City of Niagara Falls Ms. Francesca Berardi, Planner, City of Niagara Falls MSWORD/KJF/WALKERLANDFILLEXPANSIONPPA/NOTICEOFFINALAPPROVAL(PPA1.2007&OPA70).DOC Building Community. Building Lives. • • The Regional Municipality of Niagara ~ a ara ~ ~ (~ n w, ,~, chmon Parkwa , P.O. Box 1042 ~ Y - ~~.~s ~~.~~~ f~.~~ ~~= ~-# r~ ,Ontario L2V 4T7 Telephone: 905-984-3630 PLANNING AND DEVELOPMENT Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca June 18, 2007 File: D.13.RE.am 7-2005 Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Re: Notice of Council Adoption Regional Policy Plan Amendment 7-2005 Urban Area Expansion City of Niagara Falls Regional Council adopted Amendment 1-2005 to the Regional Policy Plan on June 14, 2001. The Amendment permits a 10.6 acre expansion to the Niagara Falls Urban Area. The Regional Municipality of Niagara is exempt from the need to seek Amendment approval from the Ministry of Municipal Affairs and Housing. If na requests for referral to the Ontario Municipal Board are, received within 20 days from the Notice of Adoption, then Amendment 1-2005 will be deemed to be approved on the day following the last da for referrals. The Y last date of appeal is July 9, 2001. You will find enclosed a copy of the Notice of Adoption and a copy of Amendment 7-2005. If you have any questions, please contact me. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner c: Pam Gilroy, Regional Clerk Enclosures pcIRPPAsIRPPA 7 05 NF urb boundary exp/Notice of Adoption-primary Building Community. Building Lives. Fi[e No: RE.am-7-2005 Municipality: Regional Niagara Subject Lands: ~lrban Area Expansion City a~ Niagara Falls Date of Adoption: June 14, 2007 Date of Notice: June 18, 2007 Last Date of Appeal: July 9, 2007 NOTICE OF ADOPTION With respect to a Regional Policy Plan Amendment Subsection 17{231 of the Planning Act Regional Council on June 14, 2007 adopted Amendment 1-2005 to the Policy Plan for the Regional Municipality of Niagara by By-law 63- 2001. Purpose and Effect of the Regional Policy Plan Amendment The purpose of Amendment 7-2005 is to permit an expansion to the Niagara Falls Urban Area for approximately 10.6 acres of land generally located west of Stanley Avenue and north of Portage Road in the City of Niagara Falls. When and How to File an Appeal When the Decision is Final Any appeal to the Ontario Municipal Board must be filed The proposed Policy Plan Amendment is exempt with the Clerk of the Regional Municipality of Nia ara no from approval by the Minister of Municipal Affairs later than 20 days from the date of this notice as shown and Housing and the decision of Regional Council is above as the last date of appeal. final if a Notice of Appeal is not received on or before the last date of appeal noted above. The appeal should be sent to the attention to the Planner, at the address shown below and it must, Other Related Applications {1 } set out the specific part of the proposed official plan Amendments to the City of Niagara Falls Official amendment to which the appeal applies, Plan and Zoning By-law {2} set out the reasons for the request for the appeal, and Getting Additional Information {3} be accompanied by the fee prescribed under the Additional information about the application is Ontario Municipal Board Act in the amount of available for public inspection during regular office $125.00 payable by certified cheque to the Minister hours ire the Regional Niagara Planning. and of Finance, Province of Ontario. Development Department offices at 3550 Schmon Parkway, Thorold. Who Gan File An Appeal Only individuals, corporations or public bodies may appeal the decision to the Ontario Municipal Board. An appeal may not be filed by an unincorporated association or group. However, an appeal may be filed in the name of an individual who is a member of the association or group. Mailing Address far Filing a Notice of Appeal Pam Gilroy Regional Clerk Regional Municipality of Niagara 2201 St. David's Road P.O. Box 1042 Thorold, Ontario L2V 4T7 Submit notice of appeal to the attention of Peter Colosimo, Senior Planner. Tel: (905} 984-3630 FAX: {905} 641-5208 AMENDMENT 7-2005 TO THE OFFICIAL PLAN FOR THE NIAGARA PLANNING AREA That the Official Plan for the Niagara Planning Area is amended as fo[Iows: "The area indicated on the map attached hereto entitled Schedule A to Amendment 1-2005 to the Official Plan for the Niagara Planning Area is designated "Urban Area" ~` Schedule "A" to Amendment #7-2005 ~~~~`~~~~1 ~~b~~~ for the Niagara Planning Area A Segment of fhe Urban Area Boundary Map, /Niagara Fafls Area Urban Area Boundaries Map Area Affected by the Amendment ~ ~ ^ Change from ~~Non Urban Area" t0 ~~ Urban Area" Planning and Development Department ~ ~ The Regional Municipality of Niagara ~ a ara e i o n 2201 St. David's Road, P.O. Box 1042 - ~~,~~ ~~~~ ~»~~ ~r~,, hbrold, Ontario L2V 4T7 elephone: 905-984-3630 PLANNING AND DEVELOPMENT Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca June 18, 2007 File: D.13.RE.am 4-2006 Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida: Re: Notice of Adoption Regional Policy Plan Amendment 4-2006 Fort Erie Urban Modification Regional Policy Plan Amendment 4-2006 involves a number of modifications to the Urban Area Boundaries for the Town of Fort Erie. Enclosed is a copy of the notice of decision and a copy of Amendment 4-2006 as adopted by Regional Council on June 14, 2007. Please note that the last date for requesting a referral of the decision to the Ontario Municipal Board is Monday, July 9, 2001. Yours truly, Drew Semple, MCI P, RPP Senior Planner C: P. Gilroy, Regional Clerk R. Mostacci, MCIP, RPP, Planning Director, Town of Fort Erie via email ds/Notice of Adoption RPPA4-2006-Modification Building Community. Building Lives. File No: D.13.Re.am-4-2006 Date of Adoption: June 14, 2007 Municipality: Regional. Niagara Date of Notice: June 18, 2007 Subject Lands: Fort Erie Urban Area Modifications Last Date of Ap eal: p Jul 9, 2007 Y NOTICE OF AD(1PTION With respect to a Regional Policy Plan Amendment Subsection 17(23) of the Planning Act Regional Council on June 14, 2007 adopted Amendment 4-2006 to the Policy Plan for the Regional Municipality of Niagara by By-law 60-2007 Purpose and Effect of the Regional Policy Plan Amendment The purpose of Amendment 4-2006 is to modify the Urban Areas in the Regional Policy Plan for the Town of Fort Erie to reflect modifications adapted by the Council of the Town of Fort Erie to its Official Plan. A copy of the Amendment document is attached. when and How to File ~ an Appeal Any appeal to the Ontario Municipal Board must be filed v~ith the Clerk of the Re final Municipality of Nia ara no later than 20 days from the date of this notice as shown above as the last date of appeal. The appeal should be sent to the attention to the Planner, at the address shown below and it must, (1 } set out the specific part of the proposed official plan amendment to which the appeal applies, (2} set out the reasons for~the request for the appeal, and (3} be accompanied by the fee prescribed under the Ontario Municipal Board Act in the amount of $125.00 payable by certified cheque to the Minister of Finance, Province of Ontario. Who Can File An Appeal Only individuals, corporations or public bodies may appeal the decision to the Ontario Municipal Board. An appeal may not be filed by an unincorporated association or group. However, an appeal may be filed in the name of an individual who is a member of the association or group. When the Decision is Final The proposed Policy Plan Amendment is exempt from approval by the Minister of Municipal Affairs and Housing and the decision of Regional Council is final if a Notice of Appeal is not received on or before the last date of appeal noted above, Other Related Applications The Official Plan for the Town of Fort Erie is currently under review by the Region. Getting Additional Information Additional information about the application is available for public inspection during regular office hours in the Regional Niagara Planning and Development Department offices at 2201 St. David's Road in the City of Thorold Mailing Address for Filing a Notice of Appeal Pam Gilroy Regional Clerk Regional Municipality of Niagara 2201 St. David's Road P.O. Box 1042 Thorold, Ontario Submit notice of appeal to the attention of Drew Semple, Senior Planner. Tel; (905) 984-3630 FAX; (905} 641-5208 AMENDMENT 4-2006 TQ THE OFFICIAL PLAN F4R THE NIAGARA PLANNING AREA The Official Plan for the Niagara Planning .Area is amended as follows: "That the Urban Areas Boundaries Map as identified as Parts 2 to 18 inclusive as shown on Schedules A-1, A-2, A-3 and A-4 to Amendment 4-2006 as attached be amended." .»~. x1 I " ~' n ~. ~ .. i!, .y~ ::~ ; „•, K k• 7"c~~un ~a~ Fa- Eris v Y ~ . ' Sva s.~ .. .. a s s ,i"" c S ~ •. i ..~. ... ~~~ ~ .. ~~ ... .. r ..~_.. ............. ~ . ~.. :. ,.. .. .:.: . . . ... . ... ~. ... . :. .. :~~ , .; Sfev ' 'svifle G° ...~~ :. . .. , . ..~ ... . k ' A ..1..^i N ~ .. ,.... ,' 1A #. .. .. . .~. ,. •.l v. . . -Y... ~ f ~ 4 .~. ~ , ~ ~ ... ..~ 1 ~~a r~. ~ ~ R ~~~ ~ ~ ~ , . z ,M4. t~r~an ~re~, B~~r~~+d~r~~s i~~a Affected ~~ the An~en~~~ent h~ e ~~~ ' ,.,~ ;. ~ ~ ~ . ~ r~~~ "Non Urban Ar~~~," to "Urban Area" ~ "Urban Area to Nan Urba~t Aria" .~ Panni~~ end ~~~~ft~~~nt ~e~pa~n~n~ ~_ i \\ a~~glastr~vvn Niagara Itiv~r .~ . '~~.:t a.~. .. r s. o ~ ~ ~~ - ~~~~ • ;~[~ `' it • ~ < Niagara'~~`f ~, The Regional Municipality of Niagara ~i~~ ~~`~ ~~-~~~`a ~~.~.~;~~~d's Road, P.O. Box 1042 e ia~n Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 PLANNING AND DEVELOPMENT Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca July 11, 2007 Files: D.10. M.14.8 D.1Q.M.14.12 D.13. RE. im Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Re: Implementing "Grow South" Local and Regional Partnerships City of Welland fJfficial Plan Review I am enclosing, for your information, a copy of Repor# DPD 69-2007 that was considered, and amended, by our Planning and Public works Committee on June 6, 2007. The report recommends Regional Council's approval of a request by the City of UVelland to partner with the City in the preparation of a new Official Plan for the City. The amended report, has indicated by the bold italicized wording in Recommendation 1 }, was approved by Regional Council on June 14, 2007. If you have any questions, please contact me. Yours truly, ~<*~o Alan Gummo, MCIP, RPP Associate Director, Comprehensive Community Planning c: Ms. Pam Gilroy, Regional Clerk Mr. Doug Darbyson, MCIP, RPP, Director of Planning & Development, City of Niagara Falls AGICirculation of DPD 69-2007 Building community. Building Lives. Recommended lar approval as amended by f1~e Planning and Public Works Con~mitfee on June fi, 2001. CPD 69-2001 . June 0, 20Q7 raved b Re Tonal Council an June 14 2001. ' . PP Y g Frle: d10.M.14.12 D13.RE.irn D10.[~.14.8 N~a a~a~~~~ ~~ a~r~ g ~ REPORT TO: Chair and Members of the Planning and Public Works Committee SUBJECT: Implementing `Grow south' Local and Regional Partnerships City of Vl~elland Official Plan Review RECOMMENDATIONS That this Committee recommend to Regional Council: 1. That the Officio{ Plan Review in the Ci of UVelland be su orted and that s fY pp toff participation on a project steering committee and funding at~ the {evel of $50;000 be approved fo enable aligr~menf of local ar~a~ Regional planning j~olicj/ ! I' J f contribute fo the Regions Growth ~lanagemenf Strategy, and dune Wetland's role in fhe Gateway economic Centre in ff~e Province's Places to Grow Plan. 2. That a copy of this report be sent to all the loco{ municipalities for information. PURPOSE The purpose of this reporfi is to recommend Council approva{ of a request b the Ci of . Y tY INe[land to~partnerwfth the City in the preparation ofa new Official Plan forthe Ci . EXECUTIVE SUMMARY The Smarter Niagara Incentives Program provides incentives to the {oval municipalities for planning projecfs thafi are consistent with Council's Smarter Niagara strafe ..Loco{ .. .. gY mun~cipal~t~es including St: Cafharmes, Niagara Falls, Thoro{d, Ulfe{land, Port . Co{borne, and Fort Erie have taken advantage of opportunities avai{able under this ro rarn for their . p g Community Improvement P{ans. The City of ~'~Ilel{and ~ Official Plan Review provides an opportunity fio align ~ local and Re ions! tannin ~ ' g p g policy, contrEbute to the Region s Growfih N[anagement Strategy, and ~._.. defne 1Ne[land's role in the Gateway Economic Centre in the Province's Places to Grow Plan far the Greater Golden Horseshoe. This project is importanfi to both the Ci ~ and the r ^ • Region. F~nancia{ and staff support from the Region is warranted. DPD G9 2007 June 6, 2087 Page 2 FINANCIAL IMPLICATIONS Funding is available in the Planning and Development Department's budgetfor2007. REPORT Smarter ~fiagat~a: Partnerships in Community Planning The Region has established financial incentives~~~through the Smar~er~~Nr`agara program to encourage community planning throughout Niagara. The incentives are intended to support Council's planning objectives fior the Region including the policy approach captured in the Smarter Niagara Principles. A number of the local municipalities have been involved in their own Smarter Niagara supportive initiatives. These initiatives have been primarily in the area of Community Improvement planning through projects such as those in St. Catharines, Niagara. Falls, Thorold, wetland, Port Colborne, and Fort Erie. Achieving the Smarter Niagara vision is a partnership including the Region .and the local municipalities. Forging strong working relationships and parficipatin.g jointly in all aspects of Smarter Niagara is essential to the success of the strategy.. City of ltllelland Officio! Plan Review Council for the City of wetland have assessed their particular planning needs, and determined that their predominant need is for a new official plan. The estimated cost of the exercise is $200,000. City Council has invited the Region to participate as partners in this. planning. exercise. A copy of the City correspondence, and related staff report, is included in Appendix 1. The City wishes to develop updated planning policies that will drive new sustainable growth. This growth will take the form of new development and redevelopment, of older already-serviced sites including bravunfields. The City.'s approach will support the: Region's grow, South' .strategy, and contribute valuable insights to the,, Region's Growth .Management Strategy project which is now underway. There is :a sig~ifcant .opportunity to align local and Regional planning policy through this partnership exercise. f The ~City's~ Official Plan Review also provides an ,opportunity to help define the Gateway Economic ,Centre of the Provincial .Places ~a,..Gro~r Plan. This concept has the ..potential to be very sig.ni~cant to both ,the City and the Region in relation to Provincial initiatives and investment strategies: for.the entire Greater Golden .Horseshoe. DPD 69 2007 June 6, 2007 Page 3 For these reasons it is important to both the City and the Region that this work be done. As in the case of other community planning projects, it would be in order to offer staff participation on the project steering committee far the Official Plan Review. C~~NC~LUSION The Region has established a very productive working relationship with the local municipalities in implementing the Smarfer Niagara program. The City of welland Official Plan Review provides anotheropportunityto continue this relationship. S u bm itted~ by: orwin T. Cambray, MCI P, RPP Commissioner of Planning a evelopment Approved by: Mike Trojan Chief Administrative Offcer Thin report vuas prepared by Alan` ummo, MCIP, RPP, Associate Director Comprehensive Community Planning. APPENDIX Appendix I Correspondence from the City of welland Page 4 t r ` '` ~DPD 69-2407 Appendix 1 June 6, 2007 Page 4 ~a~~°rttti~not` CITY OF 1NELLAND PLANNING AND DEVELOPMENT SERVICES ' ~ Planning Division ~~ Civic ~Sq uare `^~~~ ~~~s ~rf~~E fi0 East Main Street w "° E' Welland, ON L3B 3X4 `rll~n~ Phone: 905-735-1700 Fax:905-735-8772 www.welland.ca May 2, 2007 Planning and Development Department, The Regional Municipality of Niagara, ~~~ 2201 St. David's Road ~ ~ P.O. Box 1042, ,~ ~~ Thorold, Ontario. RECE L2V 4T7. ~ M AY Q ~ 2~Q1 Attention: Corwin Cambray ~~~~ ~~~~~~~~~~~~~ Commissioner ~, ~~~~~~ ,~ ~A~~~ Dear Mr. Cambray: ~ ~, ~~.. RE: Welland Official Plan At its Meeting of May 1, 2007, Welland City Council reviewed Staff Report PDS-2007-32 - -. Official Plan Update -Recommended Process. This Report was based upon discussions between your Department and City of Welland Staff which took place over the past few months. All are aware of the significance of Welland developing a new Official Plan, particularly in light of the Economic Gateway Centre designation as outlined in Ontario's Places to Grow documentation. As you are aware, the City has been attempting to complete a new Official Plan utilizing in house resources. Unfortunately, those resources have been limited. The City has moved forward recently in revising Community Improvement Policies ~0.1?.A. No. 120} and adopting an innovative Brownfield Community Improvement Plan on May 1, 2007. We are also proceeding vrith a Commercial Strategy Study in the near future. Council accepted the Recommendations in Report PDS-2007-32 (see attached Motion}. In essence, Council is requesting Regional Niagara #o create a unique opportunity by partnering and developing an alliance along planning lines to develop a new Official Plan.. As well, Council is requesting Regional Niagara to consider contributing $50,000.00, along with Staff participation, in developing the Official Plan. A copy of Report PDS-2007-32 is enclosed for your information. On behalf of the City of Welland, I look forward to working with Regional Staff in this unique opportunity. Should you have any questions, please do not hesitate to contact me. ~_ DPD 69-2007 Appendix I 2 RE: Welland Official Plan Yours truly, . a :- ~.~..~ Donald B. Thorpe, GENERAL MANAGER, PLANNING AND DEVELOPMENT SERVICES. DBT:km Encls. Copy: Mayor Damian Gouibourne Peter Simmons, City Manager Craig A. Stirtzinger, General Manager Communications, Council and Legislative ServiceslCity Clerk June 6, 2007 Page 5 May 2, 2007 i ,~OENDA PAGE NUMBER 7-10. ~9~~piafipq Af s ~etl~na ': MOTION r h MovED BY: ~v SECONDED BY• THAT THE COUNCIL OF THE CITY OF WELLAND requests Regional Niagara to create a unique opportunity by partnering with the City of Welland in developing a new Official Plan and Policies for the Gateway Economic Centre Designation; and further THAT Welland City Council requests Regional Niagara to consider contributing $50,000.00 along with Staff participation to the City's Official Plan; and further THAT Welland City Council authorizes Staff to undertake a Request for Proposals for the retention of a Consultants} to undertake the necessary preparation of a new Official Plan and report back to Council with a recommended Cansultant(s}. ~~ .,,. { Qj }p .~.~.~. .~~~•.•.~.•~ .r..•...:.. ~~'~tfn~.i liyt r .~::~w.wi• r~~ r~:~~c;r 1 CARRIED LOST NOT PUT ^ PRESENTED TO COUNCTL MAY Q.1 2~7 C.A. S7IRTZINGER,.City Glerk CITY OF WELLAND ~.~ ~~ ~~~•: PL~N1~I1~G ~1~C OEVEL4P~ENT SERVICES Q t 07-88 ' REF. N0. ., DPD ~9-2007 Appendix I ~' June 6, 2007 Page 6 ~:000NClC`tORS ~ ~~ YE.AS NAYS g O'DELL VAN VLIET DZUGAN CAMPION CHIOCCHIO LETOURNEAU ALEXANDER EYBEL GRENIER ALAKAS BELCASTRO SHARPS MAYOR GOULBOURNE ~ ~ r"'•. y ~' ~ .~ D 6 -200 A end i x I June`s ~ 200 Pa e .~ .t ~ -D~ 9 7 pp ;.~-,; 7 9 7 CO_ PLANNING AND DEVELOPMENT SERVICES REPORT PDS-2001-32 MAY 1, 2001 SUBJECT: ~OFF1ClAL PLAN UPDATE -RECOMMENDED PROCESS AUTHOR AND DONALD B. THORPE APPROVING G.M.: GENERAL MANAGER, PLANNING AND DEVELOPMENT'` .~~--~ SERVICES RECOMMENDAT~~aNS: THAT~THE COUNCIL OF THE CITY OF wELLAND requests Regional Nr`agara to create a unique opportunity by partnering with the City of wetland in developing a new Official Plan and Policies for the Gateway Economic Centre Designation; and further THAT Welland City Council requests Regional Niagara to consider contributing $50,OOO.oO along with Staff participation to the City's Official Plan; and further THAT wetland City Council authorizes Staff to undertake a Request for Proposals for the retention of a Consultants} to undertake the necessary preparation of a new Official Pion and report back to Council with a recommended Consultants}. ORIGIN AND BACKGROUND: As Council is aware, the City's Official Plan dates back to the 1950's. There have been ~ 20 Amendments, the most recent being the Community Improvement Policies adopted by Council in January and approved by Regional Council on April 12, 2007 without Amendment. Contrary to some views, the City does have Official Plan Policies in place which affect the entire municipality. Land use designation is deficient in a portion of the City. Uvhat the City is lacking is a set of updated Policies which will rovide a drivin . p g farce for new sustainable growth cons~st~ng of new development, and redevelopment of older sites, including Brownfield's. As recently as 2003-2004., Staff presented to Council during several updating sessions, Draft Policies pertaining to the Official Plan. Staff also conducted a Public Meeting in Cook's Milts with respect to Rural and Agricultural Policies as well as Policies concerning Consents and residential development. Due to various circumstances, including lack of Staff resources, progress on a new Official Plan was not realized. COMMENTS AND ANALYSIS: During the past two years, the Province has made significant changes to its Policies. In March 2005, the Province issued a new Provincial Policy Statement which ~ provides Policy direction on matters of Provincial interest related to land use planning and development. In June, 2006, the Province issued the Places fo GrowAcf. This is the proposed Growth Plan for the Greater Golden Horseshoe. The guiding principles for this vision are, DPQ 69-2007 Appetnd~c I June b, 2447 Page $ ~~~~~`. .: PORT PDS-2007-32 Page 2 among others, to build compact, vibrant and complete communities; lan and mans e rowth to su ort a ' ~ p g g pp strong and competitive economy; protect, conserve, enhance and wisely use the valuable material resources of land, air and water for current and f uture generations; and to optimize the use of existing and new infrastructure to su ort rowth in a com act efficient for pp g p m. Of great ~mpartance to Welland is the acknowledgement of the City as the only Gateway Economic Centre in the Province. The new Official Plan provides an opportunity to define the term and to promote its si nificance. g The Province also made considerable Amendments to the Plannin Act and the Munici al Act effectiv g p e January ~, 2007. These changes will affect mostly processes and timing of Applications. All aspects of the Official Plan must conform to the revised Pravinc~al Policies and Planning Act. In February of. this year, the Region commenced a Growth Mana ement Stud. to com I - g Y pY with the Places to Grow document, This docur~ent will rovide the p thrust for growth and development across the Region. There will no doubt be some em hasis on the Gatewa Economi ~ p y c Centre. The Report is expected to be completed in the sprin of 2008. The data and ana( sis w' g y III form a bass for components of the Official Plan. The mast recent Council Approval of Official Plan Amendment No. ~ 20 rovidin Gommuni Im roveme ' ' ~ • ~ • • p g ty p nt Policies for the City, together with Caunc~l s dec~sfon on the Brownfield Community Improvement Plan (GIP} (included in Agenda of Ma 1 2007 Y ~ }~ will form an integral component of the new Official Plan. The CIP is an innovative document which will clearly ensure that Welland will be "..,the munici alit tha# other p Y munEC~pal~#~es measure themselves by, to be the benchmark" far Brownfield ~. re evelopment and sustainability. The 2007 Budget provides for funding for a Commercial Strategy, incor oratin Official p g Plan Policies to ensure that Wetland's future commercial develapmen#/redevelo ment will be sustainable. T is p ~ • h document will form another mayor component of the Off~cEal Plan. Again, it is expected that the Region will be a partner in this Study. The INay Forward As Council is aware, Staff has been attempting to undertake the Official Plan in-house. For the past twenty years this process has been unsuccessful. This can. be attributed to various reasons, ~ however the lack of financial resources for outside assistance, lack of Staff resources and increasing Departmental workload has exacerbated the racess. Both Council an ~ p • . d the City Manager have placed a high priority on completing the Official Plan in a timely manner. The Department does not have the current Staff resources, or expertise in several key areas, to complete the task in a tight timeframe. City Staff has held discussions with senior Regional Planning Staff Burin the ast g p several months to determine if there was an opportunity to co-operate in a uni ue q manner in developing Wetland's updated Official Plan. In September, 2006, the CAO'slCity Managers of a!i twelve local municipalities and the Region jointly submitted a document entitled "Opportunities for Inter-Munici al Co- . „ . .. p operation rn Niagara . This document investigated methods to facilitate progress and fio provide for opportunities for inter-municipal co-operation. ~~ ,' DPD b9-2007 A e~~x I June 6 200 Pa a s r PP ~ ~ 7 9 ~ ~ . , ~ EP ~~• ORT PDS-2001-32 " ~ Page 3 Staff from both Welland and Re Tonal Nia ara ~ ~' . ,~ g g are of the op~nian that a ca-operative callaborat~on in developing Wetland's new Official Pl ' and a an will provide numerous benefits conom~es of scale, The Region will be a partner' in the roce ' expertise u front an p ss, lending its Staff. . p d during the development process. This uni ue r result ~n the creation of an inno q p ocess should vation plan and a much shortened approval rocess b Regional Niagara once the new Official Plan i p y s adopted by City Council. It is recommended that the City of Welland enter i ~ • Nia a n#o an Agreement with Regional g ra to share resources to develop the new Official Plan. T with the Re i he City, m consultation g on, would create a Request for Proposal for Consulfin firms t majority of the Official Pla g o develop the n document, taking into consideration the Draft Back ro Study and Draft Policies reviousl g and p y developed by Staff. As the Commercial Strate spending}, Community Improvement, Parks and Re ~y creation and TransportatfonlTraff~c components. are already completed, these will and be reviewed b house Staff would ~ ~ y y the Consultant. ln- undertakeall mapping associated with the Pian. Timing of the completion of the Official Plan will be de e out b th p ndent upon the timeframes set y e Consultants. This will be placed before Council once Pro orals are resen the Request for P p fed. The 2007 budget includes $75,000.00 toward an e ~ ' cost of $200,000.00 ± for the ca st~mated mpletion of the Official Plan. Add~itianal ~fundin will be required in 2008. g Through discussions with Regional Staff, there ma b ' Re Tonal fundin t Y e an opportunity to leverage g g oward this strategic alliance. Essentially, the Re ion's vfsian Grow South develo ment co g of a p ncept together with the Region-wide significance of the Gateway Economic Centre in Welland ensures that the Re i • g on s input is essential in a successful Official Plan process for Welland. Based u on this Staff that Council re uest ~ p ~ would recommend q Reg~anal Niagara to provide financial assistance in the amou $50,000.00, nt of FINANCIAL CONSIDERATION: Other than in-house expenditures for Staffin , su lies an ' ' the g Pp d advertising, the total cost for Cansult~ng component of the Official Plan is estimated as Bu $200,000.00. The 2007 dget incorporates an expenditure of $75,000.00. Additional fu 2008 to coin ~ nding will be required in plete the project. Should Regional fundin be made avails } overall costs will be ~ ~ g ble, the City s reduced STRATEGIC PRIORITY: Uvith respect to the Strategic Priorities, this ro osal ensur dollar P p es efficient use of #axpayers s X1.3}; ensures the City focuses on providin core services efli . ~ , g (complementary to the dent use of tax dollars} X1.4}. Further, rt identifies Wetland's stren incor orate ' • ~ gths/resources and p s them into decision making, such as the Official Plan 4.3 . ~ ~ OTHER DEPARTMENT IMPL[CATIONS: Various Departments will be involved in the rocess mast no ' p tabty Engineering, Parks and Recreation and Economic Development. t~ ,.... DPD 69-2007 Appendix I June 6, 2007 Page 10:~ ~~~~ ~~~ ~~ ~ '~ ~ ~ ~.-~ PORT PDS-2007-32 Page 4 SUMMARY AND CONCLUSION: --- lt is the opinion of Staff that by partnerin and develo in an , g p g alliance along planning lines wEth Regional Niagara to develop a new Official Plan for the ' City numerous advantages would be realized, most important being the creation of an innovati ve P1an and various future synergies., ATTACHMENTS: ' None Niagara/`f ~~~yf~~.~~ fthe Regional Clerk 2201 St. David's Road, P.4. Box 1042, Thorold ON Tel: 905-685-1571 Toll-free:1-800-263-7215 Fax: 905-687-4977 pam.gilroy@regional.niagara.on.ca www.regional.niagara.on.ca July 6, 2007 Mr. Dean lorfida Municipal Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 C L 9-2007, J u ly 5, 2007 CS 9-2007, June 27, 2007 Report CSD 98-2007 Archives Collaboration Project L2V 4T7 The Council of the Regional Municipality of Niagara, at its meeting of July 5, 2007, approved the following recommendation of its Corporate Services Committee: "That Report GSD 98-2007, June 27, 2007, respecting Archives Collaboration Project, be received and that the Archives Feasibility Study be supported; and That this report be circulated to local area municipalities and the Niagara Peninsula Conservation Authority far information." A copy of Report CSD 98-2007 is enclosed for your information. If further information is required, please contact Ms. Anne Hepplewhite, Manager, Corporate Records and Archives Services at (905) 685-4225, ext. 3741 Yours truly, m Gilroy Regional Clerk cc: J. Bergsma, Commissioner, Corporate Services A. Hepplewhite, Manager, Corporate Records and Archives Services Building Community. Building Lives. CS D 98-2007 June 27, 2007 Niagara'~~`f Region REPORT T0: Co-Chairs and Members of the Corporate Services Committee SUBJECT: Archives Collaboration Project RECOMMENDATION That this Committee recommend to Regional Council: that this report be received and that the Archives Feasibility Study be supported. EXECUTIVE SUMMARY The Regian is facing an alarming loss of its recorded heritage due to a lack of adequate storage facilities and a series of unfortunate accidents. Work is currently underway to forge a partnership among some area municipalities, local agencies, boards and commissions to find a way to consolidate the long-term record keeping needs of each partner: A shared community-based archival resource centre would be~ a way to leverage joint resources~and deliver best practices to sustain the documentary heritage of Niagara. Sy combining the efficiencies of records management programs with the value of archives will give the project partners a complete and comprehensive approach to managing our information assets. To continue the work of the Archives Collaboration Croup, funds are required to conduct a comprehensive feasibility study. FINANCIAL IMPLICATIONS It is anticipated that a feasibility study will determine the full capital and operating costs far an archives facility. It is anticipated that the feasibility study will cost approximately $60,000. The study will determine the estimated costs of moving forward with facility acquisition, operation and maintenance. At this point in time, we have raised $32,000 in pledges toward the feasibility study. It is anticipated that another $28,000 will be required to complete the feasibility study. CSD 98-2007 June 27, 2007 PURPOSE The purpose of this report is to provide Committee and Council with an update on the activities of the Archives Collaboration Project and to gain approval to move the project to the next step. BAGKGR4UND In September; 2004, Regional Council endorsed a .proposal to proceed with a needs assessment to assist the Region and participating area municipalities in assessing the collective need vis a vis the storage and preservation of records deemed permanent and historically significant. During 2005 and 2000; the Manager, Corporate Records and Archives Services made presentations and held meetings with potential stakeholders around the region with the request that those interested in participating in a needs assessment pledge an amount toward the study in order to solidify their commitment. As a result of these discussions, the following participants came forward: The City of Niagara Falls The City of Welland The Town of Pelham The Town of Niagara-on-the-Lake and The Niagara Peninsula Conservation Authority While the monies pledged had been intended to be put towards hiring staff to conduct the needs assessment, we were unable to recruit a qualified candidate. As such, the Clerk's Office deployed Else Khoury, Records Management Coordinator, to conduct the needs assessment. The needs assessment consisted of an overview of the administrative and operational records of the stakeholders. In accomplishing this task, Ms. Khoury met with representatives from each of the stakeholders, examined records of potential archival value, and took measurements of space requirements involved in storing the .designated records. These interviews occurred during October, November and December of 2.006. This assessment revealed the following: Findings What follows is a list offindings obtained through the interview process of the needs assessment. All measurements are in linear feet. 2 csD 9s-2oo7 June 27, 2007 WELLAND PELHAM NIAGARA NOTL CONSERVATION FALLS AUTHORITY ASSESSMENT 105 FEET APPROX. 42 FEET 48 FEET ROLES 16 FEET BY-LAWS 17 FEET 98 FEET 140 FEET 30 FEET (OLD TWP.} 106 FEET (NIAGARA FALLS MINUTES OF 10 FEET 3 FEET $ FEET 11 FEET 14 FEET COUNClL/BOARD BY-LAW PLANS $O ROLLS 25 ROLLS 6 FEET (SUBDIVISION DRAWINGS CEMETERY 3~FEET 15 FEET RECORDS . AUDITORS 2 FEET REPORTS DEEDS 10 FEET 6 FEET COUNCIL APPROX. $ TRANSCRIPTS FEET AGREEMENTS 30 FEET MAPPING PLANS APPROX. 800 (24" x 36" EA.} Based on these estimates, a conservative assessment of space requirements for a future archives facility~stands at about 750 linear feet to store these records, not including the holdings forthe Regional Municipality of Niagara, which currently stand at approximately 1,858 feet. Since the initial needs assessment was completed, the following participants have joined the effort: The Town of Fort Erie The City of St. Catharines. REPORT At this time, there are no archival facilities in the Region that could accept this volume of municipal records. As of 2001, the Archives of Ontario will no longer accept transfers of municipal records, and Brock University Archives does not have the space, or the mandate to acquire municipal records. As space for records storage is often difficult to accommodate within office space, many of the records of potential long-term archival value are being stored in secondary or off-site facilities, where a lack of protection from 3 CSD 98-2007 June 27, 2007 the elements cheat, cold, dust and mould} pose a danger to the long-term accessibility of these records. A lack of storage space has also resulted in several boxes being stacked on top of one another, which may cause further damage to the records. Additionally, in many of the off-site facilities where records are being stored, there are no fire suppression systems installed, which, in the case of a fire, may result in a complete loss of materials. The Region shares the area municipalities' predicament in terms of appropriate storage for its archival records. Within the last few months, the Manager, Corporate Records and Archives Services has been made aware of records of historical significance being stored at a variety of off-site locations. Preservation management advice has been given to the current custodians of those records and in some cases some first-aid conservation work has taken place, but there is no proper humidity and temperature controlled facility in which to .properly accession, arrange, describe and make these valuable records mostly photographs} available to the public. in addition, the Region houses the permanent records of Council (Council Proceedings, by-laws, deeds, leases and agreements} in the basement of Campbell West. It also houses the Public Works and Clerks libraries in the basement of Campbell West. Recently, it was determined that there is a serious moisture problem resulting in water damage to minute books, particularly in the library location., Work has been completed to remove vulnerable material to the off-site Inactive Records Centre, but this is just a temporary solution. The Inactive Records Centre is a warehouse space, intended to store inactive records in the most efficient way, at minimal cost. It is nat equipped with the environmental controls necessary far long-term preservation of archival records. v11e need to move forward with finding a facility to house the Region's rich recorded history. As many of the area municipalities find themselves in a similar situation, it only makes sense to pursue a joint solution. This solution should be planned carefully, with thought given to meeting the needs of Niagara's communities. Submitted by: Approved by: n Berg a Commissioner of Corparate Services This report was prepared by Anne Hepplewhite, Manager, Corporate Records and Archives Services and Eise Khoury, Records Management Coordinator. 4 `"' t. Ki :.~~ ~-~1 ~~K`~ `J ~~y i OFFICE OF THE: , 1~ MAYOR ~~ ~ w~l:~I~.i~FgLL~t~LE~'>'t'~?~~`'~1~-1 tl~~ `~-f CHIEF ADMINISTRATIVE OFFICER . d . _ ~ 1 . _ ~.. ~~~rit:l~d~tf CLERK DIRECTOR OF FINANCIAL SERVICES 'rHE C®RP®R.A~"t~N CAF THIS DIRECTOR OF OPERATIONS TEL. (905y 892-2607 DIRECTOR OF PLANNING SERVICES FAX (905) 892-5055 DIRECTOR OF BUILDING & ENFORCEMENT SERVICES POST OFFICE BOX aoo PELHAM MUNICIPAL BUILDING, 20 PELHAM TO1NN SQUARE FONTHILL, ONTARIO LOS 1 EO June 8, 2007 Pam Gilroy, Regional Clerk Regional Municipality of Niagara 2201 St. David's Road P. Q~. Box 1042 Thorold, ON L2V 4T7 Dear Mrs. Gilroy: Re; Memorandum ofUnderstanding -Improving the Planning Function in Niagara We are pleased to advise that the Council for the Town of Pelham at its meeting of June 4, 2007 passed the following resolution: THAT Report P-24/07 -Proposed Memorandum of Understanding (MOU) Planning System in Niagara, Region, Local Municipalifies and Niagara Peninsula Conservation Authority, be received; AND THA T the recommendation contained therein be approved, as follows: "THAT, for reasons outlined in P-24/07, Council approve By-haw #2876 (2007) authorizing the Mayor and Clerk fo sign the Memorandum of Understanding with the Region, Area Municipalities and the Niagara Peninsula Conservation Aufhorify for Improving the Planning Function in Niagara; AND FURTHER THAT a copy of Council's decision be forwarded fo the Region, aN Area Municipalities and the Niagara Peninsula Conservation Aufhorify." We have enclosed a copy of Town of Pelham By-law #2876(2001) authorizing the Mayor and Clerk to enter into the MOU, together with the Memorandum of Understanding signed by both parties. Yours very truly, (Mrs.) ancy . Bozzato, AMCTfACS T ,:~ Deputy erk /cc: Area Municipalities; NPCA NIAGARA PENINSULA CONSERVATION W 25o Thorold Road~West, 3rd Floor Tel (905} 188.3135 Welland, Ontario L3C 3W2 Fax {905) 788.1121 E•mail: npca~conservation•niagara.on.ca June 28, 2007 Regional Municipality of Niagara 2201 St. David's Road, PO .Box 1042 Thorold, ON L2V 4T7 Attention: Ms. Pam Gilroy, Regional Clerk Dear Ms. Gilroy, Subject; Niagara Planning MOU NPCA- Report No. 50-07 Please be advised that the Board of Directors of the Niagara Peninsula Conservation Authorit at it meetin held on June 27 2007 a roved th y' s g pp a recommendations contained in Report No. 50-07. A signed copy is attached for your reference. Sincerely, Suzanne Mclnnes, MCIP, RPP Watershed Planning Coordinator unicipalities NIAGARA PENINSULA C4NSERVA~'ION - 31 - "°'4''~ o u r fi c~ ~ I '1~ Y 2So Thorald Rand bUest, 3rd Floor Tel (9aS) ~~8.31~5 Welland, Qntario l3C 3Wz Fax (goS~ 788•l~zl E-mail: npca(~conser~ratian•nia~ara.on.ca T0: Chairman and Members of the Authority DATE: June 13, 2007 RE: Niagara Planning M~U -Report No, 50.07 ~~~r Background The preparation of the MOU is an initial step in implementing the Function of Planning Review Re ort p that was completed in 2006 entitled "A Review of Planning Niagara - A Discussion Pa er" and p identified in Regional Niagara Report CAO 15-2006. The MOU was developed by a rou of g p Regional and Local planners and NPCA staff who were guided by the objectives identified in Re ort. p Those objectives are as follows: • To identify respective roles and reduce duplication with regard to planning functions; • To develop effective, efficient collaborative processes for policy development and development review; • To develop a communication protocol for Regional and Local Planners to work together more effectively and efficiently; and, • To hear and understand what the community wants; to ensure that communit as irations y p are considered and communicated in the planning process; to develop a transparent, easily understood process of community engagement. The full group discussed several drafts of the MOU in an effort to maintain the inclusive approach. The proposed MOU has the support of all of the Area Planners. The MOU was reviewed by the Planning Review Committee at their meeting of May 14, 2007 where the "MOU was endorsed for distribution to Area Municipal Councils and NPCA for consideration with a request that it come back to the Region in June." A copy of the .proposed MOU is attached. The Planning Review Committee is a joint Region, Area Municipal and NPCA Committee char ed g with the responsibility to guide and monitor the implementation of the Function of Planning Review as outlined in Regional Report CAO15-2006. The Committee has representatives of Regional and Loca! Councils as well as the NPCA. Structure of the M4U Part 1-Preamble -This section outlines the background for the creation of the MOU. It also provides the main objectives that are expected to be achieved through implementation. Contained in Part 1 is the Authority under which this MOU must work within. Finally the section lists the key long term goals expected to be achieved through the successful implementation of the provisions of the document. Part 2 -This section provides the guide for role clarity between the Region and the Area Municipalities. It is divided .into two main sections -Policy planning and implementation plannin . It g addresses roles and responsibilities by the various categories of policy planning and implementation planning (development applications). Part 3 -This section addresses roles and responsibilities related to planning applications as they relate to the natural environment. The NPCA has a significant role to play in this section. In brief, the - 3 2 - Conservation Authority will be responsible for the review of natural heritage and natural hazard matters in all planning applications. Part 4 -This section addresses roles and responsibilities related to relationships with other governments. This section also contains important processes to ensure that this MOU is a living document. There are provisions that are designed to facilitate continuous improvement efforts. It is these provisions and the topics considered for improvement that will determine the degree of success of this MOU. Part 5 -This section outlines provisions for the length of the MOU, opportunities for periodic review and a dispute resolution process. Part 6 -These are the schedules to the MOU. The schedules provide some of the detail about when certain types of planning applications need input from the various planning authorities. There is a schedule outlining situations when applications would need to be reviewed by the NPCA. There is also a similar schedule for when development applications need to be reviewed by the Region. Summary of Expected Changes to Current System Endorsement of the MOU will formalize a common objective among all partners of working towards an integrated and seamless planning system that responds to the range of concerns identified with the system during the Function of Planning Review process. Most important is the acceptance of the goal of achieving an integrated and seamless planning system. The balance of the MOU provides a framework for implementation. The document provides role clarity around the responsibilities of each signatory in both policy planning and development planning. The MOU formalizes a process of pre-consultation in matters of policy planning (e.g. Official Plan amendments, Secondary Plans, Community Improvement Plans, etc.). The pre-consultation process will ensure key stakeholders are identified and involved early in the process, and that key process issues are understood upfront. The Implementation Planning section provides clarity around roles and responsibilities with the objective of placing implementation planning functions primarily with the area municipalities. As an example, site specific Official Plan Amendments will be exempted from final approval by the Region and Consents will only be circulated to the Region if the lands are on a Regional Road or if the lands are outside of an Urban Area Boundary. With this additional authority there will also be additional responsibility to address, for example, the consistent application of Provincial and Regional interests and ensuring greater collaboration among the parties. T e Region has already initiated a review within the Planning and Development Department in anticipation of these changes. A methodology for continuous improvement is also established. The team that worked on the development of the MOU felt that the document needed to be a living document. The team wanted to ensure that there were provisions to ensure that the MOU could remain current with changes in circumstance. As a result the MOU contains provision for an ongoing oversight role to monitor implementation issues for the Planning Review Committee (or its successor}. In addition a staff level group of Planning Directors is to be established to address and identify issues for continuous improvement. The MOU does contain a listing of a number of issues that the team has identified - this is not intended to ~be exhaustive, nor has it been prioritized. It is also important to note that the consensus of the MOU team was that the emphasis on continuous improvement, rather than wholesale change, provides an opportunity to ensure that all parties are at a similar state of readiness prior to implementing a system change. - 33- Next Stews The Planning Review Committee has endorsed the MOU. Qnce each Municipal Council and the NPCA have had the opportunity to consider and endorse the M~U, it will be put before Regional Council for their endorsement. The MOU will only take effect if all parties agree to the MOU. The proposed MOU is an improvement over the existing processes that are in place and Authority staff recommend that it be approved. Resources and Financial Considerations In their meeting of November 8, 2006, the NPCA Board received a staff report (Report No.90-06 -see attached) regarding the Transfer of Plan Review Functions which included discussions on the expected additional work load brought out by the MOU. Based on staff's knowledge of the Region's development and related planning activities, it was believed that 2 additional positions would be required (intermediate planner and terrestrial biologist) at an estimated cost of $150,000 per year including salaries, benefits and support and mileage, etc. Financing of the positions could be achieved through the transfer of additional funds to the Authority. With the endorsement of the Board, staff will continue to negotiate appropriate terms with the Regional Niagara staff in this regard. RECOMMENDATION: That Report No, 50-07 regarding the Niagara Planning MOU be received; and That the MOU be endorsed subject to satisfactory resolution of related staffing and cost implications to the Conservation Authority. Prepared by: Tony D'Amario, P. Eng., Director, Water Management and Suzanne McInnes, MCIP, RPP, Watershed Planning Coordinator Respectfully Submitted by: Andrew L. Burt, General ManagerlSecretary-Treasurer - 34 - -ib- NIAGARA PENINSULA CONSERVATION y~ A U T H O R I T Y z5o Thorold Raad West, 3rd floor let (go5)1t38.3~35 Welland, Ontario L3C 3W2 Faz (goy) j88•a~z~ E•mail; npca~,~conse~yation•niagar~.on.ta T0: The Chairman and Members of the Authority DATE: November 8, 2006 SUBJECT: Transfer of Plan Review Functions -Region of Niagara -Report No. 90.06 At the June 28, 2006 meeting, the Board considered Staff Report No. 64-06 regarding the Region of Niagara report on their review of planning functions. Recommendation #3 of the report which was adopted by Regiona! Council at their meeting on July 27, 2006 proposed that; "All land use related water functions to the NPCA including wetlands; enforcement of the Regional tree cutting by-law to existing conservation officers; and the Region and NPCA to enter into an agreement for the NPCA to be the service delivery agent for the Region's tree planting program." Authority staff have held one meeting with a Regional official to discuss the delegation of plan review & commenting responsibilities for water and natural heritage matters to the Conservation Authority as~ per Council's direction. At that time, Authority staff advised we would prepare a draft memorandum of understanding (MOU) that could serve as a starting point for discussions with tl~e Region. A copy of the draft document is attached for your information, UVith regard to the transfer of the planning functions, I have discussed the expected additional work load with staff and on the basis of our knowledge of the Region's development related planning activities, we believe that 2 additional positions would be sufficient. One of these would be an intermediate planner and the other would be a terrestrial biologist. While we do have planners and a biologist currently on staff, without additional staff capacity the increased work load would result in delays in the review and approval process that would be contrary to the project goals and the Authority's own target of responding to applications within 3 to 4 weeks. The estimated annual salary & benefit costs for both of these positions would be approximately $45,000 with an additional $5,000 for support & mileage, etc. Financing of the positions could be achieved through the transfer of additional funds to the Authority or adjusting the processingladministration fees to achieve full cost recovery or a combination of these. It has been suggested that the MOU between the Conservation Authority and the Region for plan review responsibilities might be best included in the MOU being prepared between the Area Municipalities and the Region to cover the transfer of other planning functions. ! do not see this as being a problem bt~t recommend that the drafting of the agreement pertaining to the delegation of plan review responsibilities to the Conservation Authority rest with the Conservation Authority and the Region. To move this ahead, I believe that discussions between senior Conservation Authority at~d Regional officials are necessary gain a better understanding of their staffing experience, program delivery and work load. RECOMMENDATION: -17- at Re ort No. 94-06 re arding the Transfer of Plan Review Functions -- Region of Niagara be Th p g e'rved for information and that its contents serve as the basis for future discussions with rec Region of Niagara officials; and That the draft memorandum of understanding be approved in principle. Respectfully Submitted By. Andrew L. Burt, General Managed Secretary-Treas~.~rer •'This'facsimile is provided by CNw Group. Ta unsubscribe, please call 416-863-2101 or 1-866-309-3811 / Cette telecopie provient de troupe CNW. Pour vous desabonner, veuillez sous joindre au 416-863-2101 ou 1-866-309-3811 P1 ease Deliver To / SVP REMETTRE A C1 a r~I~.~, ~~.~ ~;~~~.~~~~ ~s`r ~ ~'~}~~ ~~:~~, ...ice..... ~'`~ ~" r""~~~'~~ Niagara'~,,~~~ Region +~. C~„ Niagara R~ional Housing For Immediate Release June 28, 2~a1 GENESIS CQURT CJFFICIALLY UPENS ST. CATHARINES -Canada's New Government, the Government of Ontario, Niagara Region, the City of St. Catharines and Niagara Regional Housing held aplaque-dedication ceremony today to mark the official opening of a new supportive housing development in St. Catharines. Genesis Court, funded under the Canada-Ontario .Affordable Housing Program, provides 40 affordable rental units to single people and families. Rick Dykstra, Member of Parliament for St. Catharines, on behalf of the Honourable Monte Solberg, Minister of Human Resources and Social Development; Jim Bradley, MPP far St. Catharines, on behalf of the Honourable John Gerretsen, Minister of Municipal Affairs and Housing; Niagara Regional Chair Peter Partington; and St. Catharines Mayor Brian McMullan attended the ceremony. "Canada's New Government is working to ensure funding is available for important projects such as this one which addresses the need for affordable housing in communities across the country," said MP Dykstra. "The opening of Genesis Court will help those families and individuals in St. Catharines who are working towards building a better and stronger future." "Genesis Court is where residents gain immediate stability and the tools to build a better future," said Bradley. "The McGuinty government is committed to funding projects that provide safe and supportive housing to those who need it. By working with partners like Niagara Regional Housing and Bethlehem Projects of Niagara, we are investing in a brighter future for St. Catharines." The $4.8 million project, including $1.2 million from the Canada-Qntario Affordable Housing Program, will provide 40 apartments in St. Catharines. The Government of Canada also funded an additional $200,000 towards the purchase of the property through the National Homelessness Initiative. Sponsored by the Bethlehem Projects of Niagara, the units will be occupied by families and single people with lower incomes. "Qn behalf of Niagara Regional Council, I congratulate Bethlehem Projects on the opening of Genesis Court," said Partington. "This community provides much needed housing for vulnerable members of our society and will be a valuable component of the revitalization of downtown St. Catharines. I am proud of the contribution the Niagara Region made to this project and commend all those who contributed to making it a reality." "Since its inception, Genesis Court has been an example of St. Catharines' community at its best. Motivated by compassion for those who cannot access adequate housing, community partners joined with all orders of government to provide a solution," said Mayor McMullan. "Genesis Court will not only improve the lives of its tenants, it will enhance the character and diversity of our downtown core." .../2 Niagara~,~`f Region ~~ Canada Q Ontario ^~ ~ friagaa Regional Nwsing - 2- "I am proud to be associated with Bethlehem Projects and the help and services we offer people who are disadvantaged," said Tom Kelcey, Chair of Bethlehem Housing Steering Committee. "The completion of Genesis Court brings great satisfaction and the combination of moderate rents and quality facilities make it unequalled in the city. A dream has become a reality for our many tenants as a result of the investment of our government and community partners." The federal and provincial allocation is complemented by more than $731,p40 in municipal financial incentives. The new Canada-C3ntario Affordable Housing Program Agreement comprises a commitment of $301 million from each of the two senior levels of government. In total, the federal, provincial and municipal governments will invest at least $734 million in the program, which will provide affordable housing for 20,a~0 households in Gntario. -3~- For further information please contact: Kathie Howes Canada Mortgage and Housing Corporation 496 298-3488 Wendy Thompson Niagara Regional Housing 905 fi82-9209 ext. 3937 Disponible en franCais Patti Munce office of Minister Gerretsen 4 9 fi 585-fi333 Mayor's office, City of St. Catharines 905 fi88-5fi00 ex~ 9540 For more information visit http://www.mah.gov.on.ca http:l/www.cmhc.ca NIAGARA PENINSULA CONSERVATION A U T H O R I T Y tdi~s~, F~~~s i~~.~~'~ss ~~: ~~r~:~~ ~.~ ~~ t 25o Thorold Road West, 3rd Floor Tel (905) 788.3135 Welland, Ontario L3C 3W2 Fax (905) 788.1121 E•mail: npca(~conservation•niagara.on.ca May 31, 2007 Mr. Dean lorfida, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls ON L2E 6X5 ~u,l( da~~lMen1 .n Gerf~s Dear Sir: Subject: "Policies, Procedures and Guidelines for Administration of Ontario Re ulation 155/06 Lan ~ ~ g and d Use Planning Policy Document, May 2007 Under Ontario Regulation 155/06 (entitled The Develo ment Interference with Wetlands and Alterati ons to Shoreline and Watercourse Regulation") the Niagara Peninsula Conservation Auth ' orsty {NPCA} has the responsibility to regulate activities in natural and hazardous areas. S ecificall this re ulati enables the NPCA to: p Y g on • Prohibit, regulate or provide permission for straightening, changin , divertin or interferin in an g g g Y way with the existing channel of a river, creek, stream, watercourse or Chan in or interferin with gg g a wetland. • Prohibit, regulate or provide permission for development if the control of floodin erosion g: , dynamic beaches, pollution or the conservation of land may be affected b the develo ment. Y p On May 16, 200? the NPCA Board of Directors adopted in principle the Autharit 's new Re ul ' Plannin locum , • Y g anon and g ent (see Report No. 41-07 attached} whsch sets out the palscses and rocedures with res ect to the Re ulation as well ~ . ~ ~ p p g as the NPCAs role sn munscspal plannsng. rhss document also consolidates the Authority's existing policies as well as incur oratin new of ' ' p g p ides wsth respect to wetlands. These policies will guide development end site alteration while rotectin reservin enhancin the natural e p g' p g and g nvsronment In the watershed. You are invited to review the document and provide comments b Jul 6 2007, The do ' available for vi ~ ~ Y Y ~ current ss ewsng on the NPCA s websste (www.conservat on-n agara.on•ca}. A pa er co or CD versson ma be obtasned b contacts p , pY Y y ng the NPCA. Once all comments are recesved, a final document will be presented to the NPCA Board of Directors for final adoption with im lementation anti ' take effect on Set p cspated to p ember 1, 2001. For more information, please contact Suzanne McInnes, MCIP,RPP Watershed Plannin Coor ' extension g dsnator at 235. Yours truly, Andrew L. Burt General Manager, Secretary/Treasurer cc. Planning Directors, Public Works Directors, Chief Building Officials NIAGARA PENINSULA - 23 - CONSERVATION y` A U T H O R I T Y zoo Thorold Road West, 3rd door Tel 05) x88.3135 Welland, Onkario l3C 3Wz Fax oy~ r8$•uzi ~•mail; npca~tonservakion•niagara,on.ca TO: Chairman and Members of the Authority DATE: May 10, 2007 RE. Policies, Procedures and Guidelines forAdministration of Ontario Reg, 155106 and Land U,se Planning Policy Document -Report No. 41.07 Included in your agenda package is a copy of the draft Policies, Procedures and Guidelines for the Administration of Ontario Regulation 155106 and the Land Use Policy document. Background The need to update NPCA's policies was driven by a number of factors including: The need -to update the NPCA's outdated Municipal Plan Review Guidelines dated July 1993 (revised January 2005}; and The implementation of a new Generic Regulation 155106 created a need to update the NPCA's Policy and Procedural Manual dated June 1981 (revised August 1996}. The purpose of the Policy Manual, taking guidance from Provincial Policy, is to provide local NPCA watershed policies which will guide development and site alteration while protecting, preserving and enhancing the natural environment. The policies are based on the interrelationship between environmental, physical and social factors that impact land use planning and development in the watershed. This policy document will be implemented by NPCA staff through its Watershed Planning Services program and it is envisioned that this document will be a valuable tool for the NPCA Board of Directors and Staff as well as for our watershed municipalities, the {and development industry and the public. This document is an update of the draft document that was presented to the Board in September of 2006. Areas of Change • Updated background information about the Planning Act, Conservation Authorities Act; Federal Fisheries Act, The Greenbelt Plan, Places to GrowAct and the Building Code Act; • Updated and consolidated land use policies for Natural Hazards (reflecting the Provincial Policy Statement 2005); • New section on watershed planning; and • New policies in response to the implementation of the new Generic Regulation 155106 regarding development and site alteration in and adjacent to wetlands, the Great Lakes Shoreline, valleylands and municipal drains. o Wetlands -the regulation of development and site alteration in and adjacent to wetlands is a new responsibility for the NPCA under Regulation 155106. Policies regarding wetlands can be found in Section 3.32 of the document. These policies will be used for the implementation of the Regulation and commenting on Planning Act applications. L4 In summary, any new development or site alteration will not be permitted within 30 metres of any wetland unless it can be demonstrated that the development activities will not have an adverse impact on the hydrological or. ecological function of the wetland. Any replacement structures or additions or modifications to existing structures within 30 metres of a wetland may be permitted with conditions, Provisions have been included to permit public infrastructure within a wetland. Provisions have also been included to permit the development of new private access roads and the placement of minor volumes of fill or soil for landscape purposes. o Great Lakes Shoreline -while Authority staff will continue to comment on Planning Act applications, Regulation 155106 provides the Authority with the ability to review development and site alteration adjacent to the Great Lakes Shoreline (including the construction of shoreline protection works). See Section 3.35 on the document, o Valleylands -the regulation of development and site alteration in and adjacent to the Valleylands is a new responsibility for the NPCA under Regulation 155106. Up until the new regulation came in to effect in May 2006, the NPCA has commented on planning policies and applications in accordance with our delegated authority from MNR to comment on Natural Hazard matters under the Provincial Policy Statement. Regulation 155106 provides the Authority to ability review development and site alteration whether there is a Planning Act or Building Permit application or not. Many of the NPCA's existing planning policies for valleylands have been incorporated into the Regulation policies, ~ A recommended new policy requires that rear lot lines be l.5 metres from the stable top of bank. The current policies only require a 7.5 metre structural setback from a stable top of bank. Staff have found that in many new developments adjacent to valleylands, the shallow lots leave Kittle room for backyard amenity features (e.g. decks, pools, hot tubs, garden sheds, gazebos etc}, As a result, many homeowners build the backyard amenity features without getting the proper approvals for development that should not have taken place within the 7,5 metre structural setback. Municipal staff are struggling with enforcing their zoning bylaws that prohibited the development in the first .place. It also creates an increased enforcement workload for the NPCA staff. See Section 3.34 and Section 4,3 of the document. o Municipal Drains A{I proposals to maintain or repair an existing drain work will require a permit under Regulation 155106 if the proposed works: i} Intend to channelize, modify or otherwise serve to alter the ecological function of an existing watercourse, ii) negatively impact a regulatory floodplain, iii} may drain, alter or interfere with a wetland, iv} are entirely or partially located on the shoreline of Lake Ontario or Lake Erie; or v} are contained within a valley. Any proposal to maintain or repair an existing municipal drain that can demonstrate, to the satisfaction of the Authority, that the proposed works will not adversely affect any of the above listed features may proceed under a letter of permission from the Authority (no fee required). All proposed new Municipal Drain works, including improvements to existing drains, will require a permit under Regulation 155106 if the proposed works meet one or more of items i) through v) listed above. -25- In the past, many people have argued that the Drainage Act takes precedence over all other legislation. The Ministry of Natural Resources has advised Conservation Authorities that the new regulation under Section 28 of the Conservation Authorities Act does apply to Municipal Drains and that there are no specific exemptions in Section 28 . for Municipal Drains. See Section 3.31. Next Steps Staff recommend that the new policies be circulated to municipal staff (planning, .building and public works departments), client groups (e.g, developers, lawyers, consultants, agricultural groups, naturalist clubs etc.} and the public who provided their addresses at the Generic Regulations Public meetings. Comments will be requested back within 30 days. A notice will also be placed in the regional watershed newspapers advising that the policy document is available on our website or that hard copies can be obtained from the NPCA's offices upon request. Staff will be available to meet with groups or individuals to discuss the document. Once all comments are received, a final document will be presented to the NPCA Board for final adoption with implementation anticipated to take effect on September 1, 2007 RECOMMENDATION; That Report No. 41.07 regarding the Policies, Procedures and Guidelines for Administration of Ontario Reg. 155106 and Land Use Planning Policy .Document be received; and That the Policy Document be adopted in principal; and further That the Policy Document be circulated as noted in the staff report fora 30 day consultation period. Prepared by: Suzanne McInnes, MCIP, RPP, Watershed Planning Coordinator Respectfully Submitted by: Andrew L. Burt, General ManagerlSecretary-Treasurer NIAGARA PENINSULA CONSERVATION ~~ A U T X 0 R 1 T Y 25o Thorold Road West, 3rd Floor Tel (905)188.3135 Welland, Ontario L3C 3W2 Fax (905) 788.1121 E-mail: npca~conservation-niagara.on,ca 1 ~ DATE: June 21, 2007 FROM: Andrew L. Burt, General Manager/Secretary-Treasurer SUBJECT: Water Qualit Monitorin,, Program - 2006 Annual Report I am pleased to forward a copy the Water Quality Monitoring Program Annual Report for 2006. I encourage you to look over the report and contact our office if you have any questions. Yours sincerely, Andrew L. Burt General Manager/Secretary-Treasurer /db ~P y ~ a c~~e~-~r Niagara'~~`f Region ~I~MC?RANDUI~ DATA: July 12, 20afi TO: All Niagara Area CAOs, Clerks and Planners FROM: Mike Trojan, Chief Administrative Officer SUP~~CT: Interim Readership Arrangements for the Region's Planing an+d Aevelopment Department with the recent retirement of the Region's Commissioner of Planning and Development, Corwin Cambray, a new leadership team has been establish for athree-to-six-month period to co-manage ourPlanning and ~Developnaent 'Department. This co-management leadership team is comprised of the fallowing individuals: * Director Dave Farley, who will play a lead rose in shepherding through the changes related to the Planning Review Process, particularly with respect to the Memorandum of Understanding negotiated in cooperation with Niagara's I~ area municipalities and the Niagara Peninsula Conservation Authority. Director Patrick Robson, who will focus on the implementation of recommendations that flowed out of a "Continuous Improvement of the Planning System" engaged in by the department's staff earlier this year, including "Planning Policy," "Municipal Advisory Service,» "Community Integration" and "Forecasting and Information Management." • Associate Directors Alan Gummo and George Nicholson, who will also play key roles in the department's transition from its current structure to the newly defied portfolios of "Planning Policy" and "Forecasting and Information Management." i ani confident that these individuals have much to offer in terms of building an a strong foundation fvr planning and growth strategy that the Region's Planning and Development Department has established. I also have every confidence that they will continue to work in a spirit of cooperation with area municipalities and with other key stakeholders in the community as Niagara's planning system enters a periro change and renewal. Niagara E r~ .~, Re ~~-n Buildin Commur~i . Bui~din Lives. g ~Y ~ ~~ ~.~ ~ ~. ~,,, ~ . From the June 14, 2001, Meeting of Regional Council Volume 15, Issue 8 APOLOGIES EXTENDED apologies were extended to the ;hildren, parents, Emergency Medical services paramedics, and delegations mpacted by the lengthy closed session of ~egional council this week. Efforts. are antler way to ensure that award recipients ~eceive their certificates at the next ~egional council meeting or at a specific 'unction to be determined in discussions ~vith them and regional staff. Similarly, the presenter who was unable to remain on site has been contacted to determine another date for the presentation. N EW COMMISSIONER OF PUBLIC WORKS Regional Council approved the appointment of Ken Brothers as the Commissioner of Public Works effective August 18, 2007. Mr. Brothers, a professional engineer, brings extensive experience in the delivery of municipal infrastructure services as a senior executive manager, with responsibility for all aspects of water, wastewater and solid waste management, and environmental programming. Mr. Brothers was most recently the Director of the Utility Services Branch for the City of Ottawa with prior employment at Halifax Regional Water Commission. OOl DEBENTURE ISSUE Niagara Region's Fiscal Underwriting Syndicate (CiBC World Markets; RBC Capital Markets and National Bank Financial) provided Regional Council with a presentation on the market conditions, noting that the higher than expected global growth has caused some concern about rising global inflation. The North American inflation has failed to moderate and in Canada the 2.5% pace is well above the Bank of Canada's target of 2.0%. The housing market, in Canada, has remained relatively strong due to its minimal exposure to the subprime market. The Canadian dollar has recently overshot commodity price growth due to strong mergers and acquisitions flow and prospects of higher shorter-term interest rates in Canada relative to the U.S. They are expecting the Bank of Canada at their next meeting on July 10t", to raise the overnight rate by 25 basis points, noting that the interest rates in Canada have increased over 50 basis points since May 1, 2007. ~NGRATULATI4NS! BRLAN HUTCHINGS, PRESIDENT, OMSSA _ `' Regional Council congratulated Brian ~ Hutchings, Commissioner of Community Ser~rices, on being elected as President of the Ontario Municipal Social Ser- vices Association (OMSSA) by its mem- bershipfor the 2007-2008 fiscal year. OM- SSA is anon-profit organization repre- senting 47 Consolidated Municipal Ser- vices Managers. Its members ~ are in- volved in planning managing, funding, and delivering income security, housing and homelessness, early learning and child development and promoting progressive public policy for social and community Fa ~ur~~er in~i~~a ao~r~~ ~~ Regio~a@ C~e~~"~ ~~ce a~ g905~ 6~5-157 or ~--2~3-7~~5 w~.s~egi~naB.a~ira..~~,c~ services at the municipal level throughout Ontario. B EST WISHES ON YOUR RETIREMENTS Regional Council acknowledged that the June 14, 2007 Regional Council meeting would be Mr. Ian Neville's and Mr. Corwin Cambray's last Regional Council meeting since they are both retiring at the end of June. Both have served the Niagara Region and the people of Niagara exceptionally well with tremendous professionalism and ability. On behalf of Regional Council, Regional Chair Partington, thanked both Mr. Neville and Mr. Cambray for their service to the Niagara Region and wished them the very best as they begin a new chapter in their lives. 2 007 NIAGARA REGION ENVIRONMENTAL AWARDS Regional Chair Partington and Mr. ~' Lundrigan, Chair of the Ecological and Environmental Advisory Committee were pleased to present the 2007 Environmental Awards. The Young People's Award was presented to the 1St Port Dalhousie Beavers, Cubs and Scouts, St. Catharines. Scouts Canada promotes as one of their core principles "duty to others", that duty includes "protecting the integrity of the natural world." Thelst Port Dalhousie youth have made this part of their day to day activities. The Volunteer Award was awarded to Steve Cino, Pelham, a long-time teacher in Niagara has worked above and beyond the call of duty to raise awareness about environmental conservation among students and others across the Region. Mr. Cino's most significant accomplishment, however, was the organization of a one-day workshop on climate change and environmental responsibility for high schools across .Niagara. That event laid the groundwork for annual forums in high schools across Niagara that address many of the pressing environmental issues facing our world today. The Corporate Award was awarded to Ontario Power Generation, Niagara Plant Group. The Niagara Plant Group has undertaken numerous environmental initiatives, usually through partnerships with local groups and government agencies. The Lifetime Achievement Award was awarded to Mel Swart, who passed away February 2007, receiving the award on Mr. Swart's behalf was his daughter Melva Snowling and his son Orlen Swart, Mel Swart began his career in public life i:n the 1940s, when he was first elected to serve as a Councillor for the then Township of Thorold. Over the course of the next 40 years, through his work at the municipal, County and Regional levels and later as a member of the Provincial Legislature he made important contributions to environmental conservation in Niagara. After his retirement from politics in 1988, Mr. Swart remained a key fundraiser for a naturalization park dedicated in his name along Lake Gibson in Thorold. LEADERSHIP ROLE IN THE PROTECTION OF OUR ENVIRONMENT FOR FUTURE GENERATIONS Regional Council supported the motion Councillor McMullan brought forward that would have the Niagara Region joining other municipal governments in assuming a leadership role in the protection of our environment for future generations. Niagara Region will investigate tangible and measurable targets that will contribute to the objectives of the Kyoto Protocol; develop an action plan to meet identified- targets and encourage Niagara's communities to develop their own action plans. N IAGARA SYMPHONY Regional Council was advised that the Niagara Symphony has announced that they will continue to provide the residents of Niagara Region with the wonderful music they are known for, due to a successful fundraising campaign. OSPREY NEWSPAPERS - SUMMER CAMP OPPORTUNITY Osprey Media is committed to ~~ investing in tomorrow through the youth of today. Its Summer ,~~- Camp & Recreation Fund will ~~°~~ ~ help Niagara children in financial need participate in a variety of camping and recreation experiences. An opportunity to go to summer camp or be involved in a neighbourhood activity not only helps our children develop new skills, make new friends and raise their self esteem, it also gives them the chance to get their hands dirty and have lots of fun. Niagara ~' f Region __ Building Community. Building Lines. From the July 5, 2001 Meeting of Regional Council Volume 15, Issue 9 IAGARA CONVENTION AND CIVIC CENTRE Council strongly supported the approval of a lease agreement wherein Niagara Region agrees to lease to the City of Niagara Falls a parcel of Niagara Region's property fronting on Dunn Street and Ailanthus Avenue for the purposes of a parking lot in connection with or required for a Niagara Convention and Civic Centre. The city is presently negotiating with the federal and provincial governments for their support of the project. O-GENERATION PROJECT Mr. Mark Macdonald, Human Resources Manager, and Mr. Jonathan Ng, Environmental Coordinator, Abitibi Consolidated, provided Regional Council with a presentation respecting the Co-Generation Project they have begun with Northland Power. This $400+ Million private industry investment in Niagara Region will be constructed over approximately 00 months and will result in the eco-friendly co-generation of enough electricity to power over 100,000 homes. ILL HILDRETH 1 K & 5K FUN RU NIWALK Mr. Brian Hutchings, Commissioner, Community Services, and former Regional Councillor Jill Hildreth provided Regional Council with details of the Jill Hildreth 1K & 5K Fun Runl Walk that will be taking place September 15, 2007 at the Glenridge Quarry Naturalization Site. Ms. Hildreth challenged Councillors to participate in this "fun" and "fund raising" event. All funds raised this year, will benefit the construction of the ~.~ children's bike path at the St. Catharines ~` Regional Child Care Centre. The entry fee of $25 includes a barbecue at Regional headquarters, a t-shirt for those who register by August 15th as well as an opportunity to win a draw prize. As an added incentive, Commissioner Hutchings will personally donate an additional $5.00 for every Regional employee or Councillor who can beat his 5k run time that day! For more details contact Judy Turton, Community Services. HORDED -CANADA'S MOST PATRIOTIC CITY Council congratulated Councillor Henry D'Angela, the City of Thorold and all Thorold residents on the city's designation as Canada's most patriotic city. They earned the honour by flying the most Canadian flags per capita this Canada Day. The city looked great draped in red and white as it was on the Canada Day Weekend. ~~ ~~ ~~~~~~~~ ~~~~Cr ~~~ ~~~~,~~ ~~~~g a.~~~ ~~ ~~ -~~~7~ ~' ~,-~~-~~3-7215 ~.r~~ik~~~li.~~~~a~~.~~t.~a PPORTUNITIES NIAGARA TAKES THE LEAD Recently, a successful meeting was I1~~~: held with Opportunities Niagara, .~.. p area municipalities with local city bus services, and regional officials "" to discuss their joint interest in Inter-Municipal Transit. A consensus developed among the group to improve and explore an inter-municipal transit model that would build on the current transit operation and capabilities. Opportunities Niagara took a lead role in completing a grant proposal submitted to the Federation of Canadian Municipalities to explore an inter-municipal transit model. This is a collaborative effort that builds on our collective strength and successes with local transit, Regional specialized transit and the Job Bus initiative. While there's no guarantee at this time, we have been invited to submit a formal grant proposal for up to $1.3 million in funding, and we're optimistic we'll hear good news. A follow-up meeting will .take place in two weeks with staff to move this forward.. EADERSHIP ROLE IN THE PROTECTION OF OUR ENVIRONMENT FOR FUTURE GENERATIONS Council unanimously endorsed a motion by Councillors McMullan and Augustyn to have the Region to take a Leadership Role in the protection of our environment for future generations. The Region will investigate tangible and measurable targets to contribute towards addressing climate change and global warming, and develop an action plan to meet identified targets, including Niagara's communities to develop their own action plans. ORT ERIE CELEBRATES ITS SESQUICENTENNIAL Councillor Martin announced that Fort Erie will be celebrating its 150t" anniversary. A Sesquicentennial Council meeting to recognize this milestone will be held at the old .Fort at 6:00 p.m. July 16t" DDITIONAL TRIP PURPOSES FOR NIAGARA SPECIALIZED TRANSIT The proposed definitions of "Education" and "Employment" were approved by Council for trip purposes for clients who meet the current "Eligibility Criteria" to use Niagara's Inter-Municipal Specialized Transit service. OMMUNITY IMPROVEMENT PLANS An Amendment to the Regional policy Plan to allow the Region to provide grants and loans to Lower tier municipalities for their Community Improvement Plans was approved by Council. 007 DEBENTURE ISSUE Council was advised of the details of the 2007 Debenture Issue consisting of $49.6 million in (1-20} serial debentures and a $6.7 million (1-20 year} amortizing debenture. The debenture issue was well received by the markets. The Region continues to attract favourable borrowing rates due to Niagara's strong credit profile as evidenced by its "AA" credit rating as provided by Standard and Poor's. RANSITIONAL SUPPORTED HOUSING PILOT PROJECT Council endorsed the Tran- sitional Supported Housing ~ ~ e.~ x~ J~~Y~-` ~ Pilot Pro'ect designed to ~ ad- ~ ~ 1 dress the problem of homeless- ness by providing supports in a dwelling containing no more than five to six residents. ARLY LEARNING & CHILD CARE PLAN The 2007 - 2008 Early Learning & Child Care Plan was endorsed and will be forwarded to the Ministry of children and Youth Services for acceptance. BOARD REN~~~~ . PRESENTATIONS City of St, Catharines - Creating a Vibrant Downtown -The Board received a presentation from Mayor Brian McMullan, City of St. Catharines, discussing the City of St. Catharines' revitalization plan of its downtown core. Mayor McMullan stressed the critical role of the Niagara Regional Police Service in downtown St. Catharines to ensure the success of Council's vision for the redevelopment of the downtown core. He said that with an anticipated 20% increase in employment and downtown population density, the City wants to work to ensure services and amenities are available to meet the ongoing needs of officers and administrators, for example, the supply of sufficient vehicle parking. Mayor McMullan proposed the creation of a Joint Working Group as an effort to determine the needs of the Service, with a final report with recommendations for Board and Council consideration before the end of 2007. He asked for a commitment to the Joint Working Group within one week's time. Chief Southall noted that the facilities cost- benefit analysis is underway at this time, with submission to the Board by the end of July followed by recommendations to Regional Council. She added that the Service looks forward to participation in the Joint Working Group as initiated by Mayor McMullen. REPORTS FROM THE CHAIR Chair Iggulden reported on the following: Niagara Regional Police Auxiliary Swearing- In Ceremony -Member Smeaton attended the -- NRPS Auxiliary Recruit Graduation ceremony on May 1, 2007, to welcome 15 new Auxiliary officers to the Service. Member Smeaton was thanked for his delivery of greetings on behalf of the Board. 2007 OAPSB Conference - Member Tufford and the Board's Executive Director attended the 45tH Annual Conference and Meeting of the Ontario Association of Police Services Boards held in Owen Sound from May 3 - 5. The program theme was "The Road Ahead", and the agenda included presentations from a number of prominent politicians and individuals from the policing community. Delegates were present from across the province, and much of the value of the conference was acquired through discussion groups, workshops and informal discussions held during events. Emergency Preparedness Event - On May 10, Vice Chair Martin represented the Board at the Emergency Preparedness Partnership Event and luncheon. The Niagara Falls Fire Department and the Region of Niagara through the Public Health Department and Emergency Services Division hosted the event, which highlighted local, regional, provincial and bi-national emergency response capabilities. Unveiling of the Niagara Region Tartan & Tug o, f war - On May 12, Chair Iggulden, Vice Chair Martin and the Board's Executive Assistant attended the NRPS unveiling of the newly created Niagara Region Tartan, followed by the annual Tug-of 1Nar challenge against the Niagara Falls, NY, Police Department. This commendable event was dedicated to the memory of Constable Rob Gittings who sadly passed away earlier this year. Although the NRPS was not successful in clinching the championship title from their American counterparts, the event symbolized the working partnership and camaraderie between our agencies. Annual NRPS Awards Ceremony - On May 31, the Police Services Board, Niagara Regional Police Service and the Niagara Region Police Association hosted the Annual Awards Ceremony at Club Italia, Niagara Falls. This important evening recognized citizens, police officers and civilians for outstanding police work and exemplary service to the community. Board members and staff were delighted to take part in the ceremonies to recognize the unified and heroic efforts of individuals throughout the past year. PSB Chair Larry Iggulden PSB Vlce-Chair Doug Martin PSB Members Bob Bentley Todd Shoalts Bill Smeaton Larry Tufford Mal Woodhouse ~~~ PSB Staff Deb Morton Executive Director Sandi Taylor Executive Assistant Dawn Cichocki Board Clerk ~~~ For further information contact: Regional Municipalify of Niagara Police Services Board 68 Church Street St. Cafharines, Onfario L2R 3C6 Bus: (905) 685-0321 Fax: (905) 688-0036 Email nrpboard@nrps. com Websife: www.nrps.com REPORTS FROM THE CHIEF Chief Southall reported on the following: NRPS Promotions -Chief Southall reported verbally that the NRPS has completed the Staff Sergeant and Sergeant promotional procedures with the promotions of four new Staff Sergeants and eleven new Sergeants. Effective Sunday, May 27, 2007, the following members were promoted to the rank of Staff Sergeant: Sergeant 9173 Sandro D'ANNUNZIO; Sergeant 9310 Joseph GARVEY; Sergeant 9616 James MacKAY, and Sergeant 7152 Mark McMULLEN. Effective Sunday, May 27, 2007, the following members were promoted to the rank of Sergeant: Constable 9065 Steven BICKELL; Constable 9095 Todd BLAIR; Constable 9911 Romolo DIEGIDIO; Constable 9517 Scott KRAUSHAR; Constable 9669 Kim McALLISTER; Constable 9597 Damian McMENAMIN; Constable 9791 Clifford PRIEST; Constable 9058 Deborah SMART; Constable 9874 Todd STEVENSON; Constable 9889 Stephen TCHANG, and Constable 8049 Scot WALKER. Joint Forces Operation Starts Marine Season - On the weekend of April 27 to April 29 the police marine season was commenced. Members of the Niagara Regional Police Service, Peel Regional Police Service and Toronto Police Marine Units, along with representatives from Transport Canada conducted a joint forces operation. The multi-agency project was conducted on Lake Ontario within the jurisdiction of the Niagara Region with the focus of education and enforcement of various legislative Acts. During the project, police stopped 108 vessels, issued 14 tickets and 10 warnings for various offences under the Canada Shipping Act, the Liquor Licence Act, and the Fish and Wildlife Conservation Act. Two arrests for criminal offences were also made, one of which was under the Controlled Drugs and Substances Act. 2007 Operational Statistics Marijuana Grow-Ops Totals for the period of January 1 to May 23, 2007: _ estimated street value seized $x,763,700; '~ ^ Compared to the same period in 2006 at $698,000. Homicides, Robberies & Traffic Fatalities Statistics -Totals for the period of January 1 to May 23, 2007: Homicide Statistics There have been two recorded homicides, compared to three for the same period in 2006. Traffic Fatalities There have been 12 traffic fatalities, compared to 11 for the same period in 2006. Ontario Police Memorial - On May 6, more than sixty members of the NRPS attended the Ontario Police Memorial Ceremony at the Ontario Police Memorial, Queens Park, Toronto. In addition, afull-page photograph of the 2006 Service contingent was prominently displayed in the Ceremony Program. A total of 35 members participated in the annual 'Ride to Remember', a traditional bicycle ride of about 80 kilometers in length from Grimsby to Toronto. Police Week Efforts Between May 13-19, 2007 -Between May 13-19 members of the Niagara Regional Police Service took part in the provincial "Police Week" program, with the theme of the program being "Safer Communities for a Stronger Ontarr`o". Members of the Community Services Unit, in conjunction with the RCMP, Niagara Parks Police, Canada Border Services Agency, and over 15 community organizations attended Niagara Square, the Seaway Mall and the Pen Centre to provide educational opportunities for members of the public. The Service's Forensic Unit, Collision Reconstruction Unit, Special Enforcement Unit, Recruiting Unit and Emergency Task Unit supplied displays and presentations. National Road Safety Week -The week of May 15 to 21 was officially recognized as "Road Safety Week" in Canada, during which time law enforcement agencies and other related organizations from across the country dedicated their efforts toward the reduction of serious motor vehicle collisions. The aim of the initiative was to enhance public awareness through education and enforcement. The kick-off of the program was a mock crash scenario that was held at Grimsby High School on May 15. These efforts were continued with the commencement of the 2007 R.I.D.E. campaign that was held on May 18. As a result of the R.I.D.E. campaign, 1,063 vehicles were checked for drinking and driving offences, and of the drivers checked, two were arrested for exceeding the legal limits, one for driving under suspension and eight were issued tickets for various Highway Tragic Act violations. MINISTRY OF THE ATTQRNEY GENERAL PSB Minute #99. -The Board received a letter from Deputy Attorney General Murray Segal, Ministry of the Attorney General. The letter addressed issues as they relate to the recent Auditor General's report, which highlighted a number of irregularities in the practices of some broader public sector organizations that receive transfer payments from the Province of Ontario. Recipients of public funds have an obligation to ensure that all public fund expenditures provide value for money and are spent in a manner that is consistent with the Province's program mandate and funding agreement. In order to maintain compliance, the Province will undertake the development of a strategic improvement plan that will review the Transfer Payment Accountability Directive to determine what changes need to be made in order to reflect modern governance principles. Future updates on the review will be provided as the initiative progresses. REGIONAL MUNICIPALITY OF NIAGARA PSB Minute #100. -The Board received a letter from Pam Gilroy, Regional Clerk, Regional Municipality of Niagara, providing the Regional Council approvals of the Corporate Services Committee recommendations. At its May 3 meeting, Council approved the following: "That Communication CSC 18-2007 -Presentation -Child Advocacy Centre Niagara, be received and That the Child Advocacy of Niagara presentation be referred to the Niagara Regional Police Services and Public Health and Community Services Departments respectfully requesting that Volume 6, Issue 5 May 2007 Page #2 funding be found within existing budgets in the total amount of $1,500 for the Child Advocacy Centre." "That the following correspondence items be received: Niagara Police Services Board -NRPS 6 District Facility - to Peter Senese, Director of Community and Corporate ServiceslDeputyC/erk, City of Port Colborne; Niagara Police Services Board -Purchasing -Maintenance! Support Fees-Versadex Applications, 64-2007". "That the fallowing communications be approved: NRPS 2007 Vehicle Replacements, 62.2007; NRPS Dive Van Body -Capital Project #P00101, Award of Quotation 2007-Q-14, 61.2007." Regional Council approved the following recommendation of the Corporate Services Committee regarding Closed Session Report GSD 76-2007: uThat Confidential Report respecting a Matter of Security of the Property of the Municipality - 911 System be received and the recommendations contained therein be approved." DISCLOSURE OF SECONDARY ACTIVITIES PSB Minute #101. -Pursuant to Board By-law 150-1995 and Section 49 of the Police Services Acf, which places restrictions on secondary activities for police service employees, the Board received Service report #104/2007. The information provided pertains to the applications and Chief of Police approvals for the secondary activities of Service members. During the period of December 16, 2006 to May 31, 2007, Chief Southall authorized the applications of two (2} members seeking additional work in the following fields: Defensive Training & Education for Risk Manager & Security Personnel; and Director -First Ontario Credit Union. POLICING STANDARDS UNIT -QUARTERLY STATISTICS PSB Minute #102. -The Board received Service report 107/2007 advising that the Service's Policing Standards Unit is responsible for investigating alleged misconduct that is reported by a member of the public. In order to maintain compliance with the Provincial Adequacy Standards Regulations and to comply with Board By-law 17311997, the unit is required to submit quarterly statistical reports detailing the nature of complaints received. For the period January 1 to March 31, 2007, the Service received no policylservice complaints (compared to one in 2006} and 18 ofFcer conduct complaints (compared to 29 in 2006). KPMG AUDIT REPORT - 2006 FINANCIAL REPORT & 2006 YEAR-END REVIEW OF SPECIFIED PROCEDURES OF THE SPECIAL FUND PSB Minute #104. -The Board received a copy of KPMG's draft Financial Statements of the Niagara Regional Police Service for the year ending December 31, 2006. Ms. Janet Allan, KPMG Associate Partner, was in attendance to address the Board. She advised that KPMG is presenting a clean auditor's report of the financial statements with no qualifications. Ms. Allan continued that a $6,000 item was the only uncorrected audit difference; that adjustments have been made after obtaining information from the Board regarding future employment benefits; that the auditors did not find Volume 6, Issue 5 anything to be brought to the Board's attention, and finally, that KPMG is independent from the Board, showing no bias. Ms. Allan will draft a management letter for the Board. PSB Minute #105. -Also, in relation to KPMG's audit services and under separate cover, the Board received a letter from Janet Allan, Senior Manager, providing the confirmation of the annual review of specified procedures of the Board's Special Fund for the year-ending December 31, 2006. The Board received both items for information. VARIANCE REPORT PSB Minute #106. -The Board received Service report 110/2007 providing a financial overview and forecast for both the Service and the Board to April 30, 2007. The consolidated financial overview and forecast was based on results of operations for April year-#o-date. At this time, no significant areas of concern have been identified. Any future impacts on the achievements of the budget will be .reflected in upcoming monthly variance reports and reported on in accordance to their developments. EJUST SYSTEMS ANNUAL SUBSCIPTION RENEWAL REPORT PSB Minute #108. -The Board received Service report 112/2007 requesting approval for the annual subscription of the inCharge program. The Board approved payment to eJust Systems Inc. for its annual subscription renewal request applicable to its inCharge product. Subscription renewal will cover the product's operational usage for the period from June 7, 2007 to June 6, 2008 in the amount of $66,000 plus applicable taxes. DONATIONS Niagara Region Sexual Assault Centre -PSB Minute #109 - The Board received a memorandum from Deb Morton, Executive Director, PSB, providing a letter from the Niagara Re~ion Sexual Assault Centre requesting a donation to the `10 Annual Tournament of Kindness' in support for the Child Assault Prevention Program (CAPP}. In support of the program, the Board authorized a donation in the amount of $125.00 from the Special Fund. Child Advocacy Centre -PSB Minute #110. -The Board received a memorandum from Deb Morton, Executive Director, PSB, providing a copy of a referral from Regional Niagara of a request from the Child Advocacy Centre Niagara. In support of the centre, the Board authorized a donation in the amount of $500.00 from the Special Fund. Brain In~ury Association of Niagara -PSB Minute #111 - The Board received a memorandum from Deb Morton, Executive Director, PSB, providing a letter from Ms. Pat Dracup, Program Director, Brain Injury Association of Niagara, requesting a donation to support the Santa Sober Sleigh Campaign. The initiative's objective is to combat drinking and driving throughout the holiday season by offering bar patrons taxi vouchers for a reduction in their cab fare. In support of the initiative, the Board authorized a donation in the amount of $500.00 from the Special Fund. May 2007 Page #3 THE REGIONq~~~~P~~l~(1~ NIAGARA MEMORANDUM DATE: June 25, 2007 T0: Area Municipal Clerks FROM: Bill Bernard Associate Director, Court Services SUBJECT: Joint Board of Management Niagara Area Courts Minutes of the Meeting of June 6, 2001 Attached, for your information, is a copy of JBM Report 2-2007, being the minutes of the Joint Board of Management Niagara Area Courts meeting of June 6, 2007 and background reports and information. ~~ Bill Bernard Associate Director, Court Services THE REGIONAL MUNICIPALITY OF NIAGARA JOINT BOARD OF MANAGEMENT NIAGARA AREA COURTS REPORT 2-2007 Minutes of a meeting of the Joint Board of Management Niagara Area Courts held in the Committee Room 3, Regional Municipal Building, Thorold, Ontario, on Wednesday, June 6, 2007, commencing at 1:35 p.m. ATTENDANCE Joint Board Members: Mr. Cronier, Town of Pelham, Vice-Chair presiding as Chair; Mr. Beaman, City of Niagara Falls; Ms. Hanson, City of Port Colborne; Mr. Kyne, Niagara Region; Mr. Stephenson, Town of Fort Erie; Mr. Stirtzinger, City of Welland. Staff: Mr. Bernard, Associate Director, Court Services (Secretary, Joint Board of Management}; Ms. Foley, Collections Co- ordinator; Ms. Reilly, Legislative Assistant. WELCOME AND UPDATE ON BOARD MEMBERSHIP 15. Mr. Cronier, Vice-Chair, introduced Mr. Ken Beaman, Acting Solicitor, City of Niagara Falls, who is replacing Karen Kelly on the Board and members of the Board and staff were introduced. ADOPTION OF AGENDA 16. Moved by Mr. Stephenson Seconded by Mr. Stirtzinger That the agenda be approved, as amended, to include matters related to Justice of the Peace appointments and court closures. Carried. 17. Report 1-2007 Moved by Ms. Hanson Seconded by Mr. Stephenson That Report 1-2007, being the minutes of the Joint Board of Management Niagara Area Courts meeting of Wednesday, March 7, 2007, be approved. Carried. JBM 8 Joint Board of Management Report 2-2007 June 6, 2007 18. KPMG 2006 Audit Results Ms. Ouellette, KPMG, provided an overview of the KPMG 2006 Audit Results. The audit covered the statement of revenue and expenditures, funds available for distributions and total distributions and transfers for the year ended December 31, 2006 for the Regional Municipality of Niagara Provincial Offences Court operations. Ms. Ouellette advised that the audit did not include a review over the controls of the ICON system which is maintained by the province of Ontario. The auditor advised that the financial statement presents fairly the revenue and expenditures, funds available for distribution and total distributions and transfers for the Provincial Offences Court operations for the year ended December 31, 2006 in accordance with Canadian generally accepted accounting principles. Moved by Mr. Stirtzinger Seconded by Ms. Hanson That the report by Ms. Lais Ouellette, KPMG and the financial statements of the Regional Municipality of Niagara Provincial Offences Court Operations, be received and forwarded to Regional Council for approval. CLOSED SESSION 19. Moved by Ms. Hanson Seconded by Mr. Kyne Carried. That this Board do now meet in Closed Session for purposes of receiving information of a confidential nature relating to legal and property matters. Carried. 20. Moved by Mr. Stephenson Seconded by Mr. Stirtzinger That the letter from Janet Allan, Associate Partner, KPMG (April 20, 2007} regarding professional services rendered by KPMG to the POA for the year ended December 31, 2006, be received. Carried. 21. Moved by Ms. Hanson Seconded by Mr. Stephenson That this Board do now rise with report. Carried. JBM 9 Joint Board of Management Report 2-2007 June 6, 2007 COLLECTION OF DELINQUENT FINES TO APRIL 34, 2447 22. Ms. Foley, Collections Ca-ordinator, provided an update on delinquent fines collection as of April 30, 2007. Ms. Foley highlighted the delinquent fines portfolio, noting an increase in total active cases of 719 in the amount of $1.3 million. This increase is a result of higher levels of enforcement in the fast quarter of 2006 and 2007 coupled with court closures in 2006 which resulted in delays in processing "Fail to Respond" convictions. Ms. Foley noted that Civil Enforcement Actions, as of April 30, 2007 totalled 7,672 cases at a value of $12.3 million. As of April 30, 2007 staff has incurred casts of $25,561 for civil enforcement and it is expected that by the end of May 2007 the entire budget amount of $30,870 allocated for this purpose will be spent. The Board was advised that it is anticipated that a further $21,600 will be needed to secure additional cases through civil enforcement for the balance of 2007. The Board was apprised of Third Party Collection activities, noting RecoverCorp Inc. (RCI) collected $230,636 resulting in commissions paid to RCI in the amount of $35,572.56. Ms. Foley advised that the Attorney General recently consented to the Regional Municipality of Niagara's request to add a collection agency commission rate of 14.9% to 19.5% of the total amount of defaulted fines owed by a defendant as approved by Council. POA staff are currently implementing the necessary procedures to enable collection of the approved fees. A breakdown of the Write-off Submissions for the fourth quarter of 2006 and the period up to April 30, 2007 was presented and staff recommends that collection activity for the 532 cases valued at $78,181.16 cease. Moved by Mr. Stirtzinger Seconded by Ms. Hanson That the .report respecting Collection of Delinquent Fines, Status as of April 30, 2007, be received; and That staff be directed to cease collection activity for 532 cases valued at $78,181.16, as noted in this report. Carried. JBM 10 Joint Board of Management Report 2-2007 June 6, 2007 RECOGNITION AWARD FOR POA STAFF 23. Team Participation Excellence Award Mr. Bernard apprised the Board of the Team Participation Award that went to Provincial Offences Court staff who were recognized for "continually go the extra mile to assist clients in preparing paperwork, negotiating payment plans and suggesting methods that can achieve awin-win situation for all parties". Niagara's staff is recognized by their peers throughout the province as leaders. Mr. Bernard was commended on his relationship with his staff which contributed to his staff achieving this award. Mr. Kyne advised that the POA's prosecuting team had recently been successful in achieving the first custodial sentences in Ontario for prosecutions under the Fire Code. The Board was advised by Mr. Bernard that Nancy McDonald, one of POA's prosecutors, will be receiving an award at the end of June recognizing her excellent work in carrying out prosecutions for the Fire Departments and maintaining an excellent relationship with them. VARIANCE REPORT T4 APRIL 30, 2007 24. Mr. Bernard highlighted the Statement of Expenditures and Revenues for the month ended April 2007, noting that POA have had their best year yet with respect to revenues for the reporting period noted. Increased revenues are the result of a significant increase in traffic enforcement activities dating from the last quarter of 2006 to date. He commented that POA is virtually on budget with respect to total expenditures and the distribution of revenues to area municipalities and the Region. Moved by Ms. Hanson Seconded by Mr. Stephenson That the variance report to April 30, 2007 be received. Carried. OTHER BUSINESS 25. Justices of the Peace Appointments Mr. Bernard advised that the Ministry of the Attorney General had appointed eleven Justices of the Peace, effective May 30, 2007, with two appointed to the Central West Region. JBM 11 Joint Board of Management Report 2-2007 June 6, 2007 26. Court Closures Mr. Bernard advised that the Local Administrative Justice of the Peace had reopened seventeen formerly closed court days for prosecutions. ADJOURNMENT The Board adjourned at 2:35 p.m. to meet again on Wednesday, September 5, 2007 at 1:30 p.m. in the Corporate Services Boardroom. Ernie Cronier Gail Reilly Vice-Chair presiding as Chair Legislative Assistant Bill Bernard Associate Director, Court Services (Secretary, Joint Board of Management) JBM 12 THE REGIONAL MUNICIPALITY OF NIAGARA JQ[NT BOARD OF MANAGEMENT N IAGARA AREA COU RTS REPORT 1-2001 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 Welland. 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 one 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 yearterm. 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 yearterm. 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 them each Vice-Chair of the Joint Board of Management Niagara Area Courts, to serve on a rotating basis, for a one yearterm. 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 Niagara Software GSD 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. Recovery of Collection Agency Costs CSD 30-2001 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 ~ , 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. Ministry of the Attorney General Audit and Management 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 PCJA 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 P4A 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 Mr. 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 City of Niagara Falls Confidential CSD 35-2001(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 ~Reporfi 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. Niagara Police Services Board's Request Re: Court Security 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 Iggu[den, 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. 14. 2007 Meeting Dates Moved by Ms. Hanson Seconded by Mr. Stirtzinger Carried. 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. ADJOURNMENT Carried. 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 Gail Reilly Chair Legislative .Assistant Bill Bernard Manager, Court Services Secretary, Joint Board of Management} JBM 7 K„P~I/!G KPMG ~L~ Chartered Accr~unt~nfs Ona St Paul Street Suite 9~1 PO box 1294 Stn Main St Catharines QN L2R 7A7 Telephone {905} X85-4$1i Fax {9Q5} X82-2Qa8 Internet wvtrw kpm~ ca Mr~, Bill Bernard The Regional Municipali~ of~~iagara Provincial Offences Court Operations 224}1 St David's Road F„O, fox f 41Q~2 Ihorald, ON ~,~~ ~T 1 March 2, 2417 Dear f,adies and Gentlemen; we have audited the financial statements of The Regional Municipality of'I~iagar~a Provincial Offences Court Operations („the POA"}, as of'and for the year' ended December 3I, 2~Q+~, azad have issued aur~ audit report thereon dated March ~, 24)4y'l. fn planning and performing our audit af'the POA's financial statements, we considered the POA's internal control aver financial r~eparting in ar der to determine the nature, extent and timing of our auditing procedures for the purpose of expressing our opinion an the financial statements . A f ~nancial statement audit does nQt include examining the effectiveness of internal control and does not provide assurance an internal control The maintenance of'adequate contr~als designed to fulfill control objectives is the responsibility af'management because af'inherent limitations in internal control, errors or flood may nevertheless accur~ and not be detected, Also, controls found to be functioning at a paint in time, may later be found deficient because af~the performance of those responsible for applying them, and there can be no assurance that cantr~ols currently in existence will prove to be adequate in the future as changes take plane in the organization. (fur consideration af'internal cantr~ol over financial repotting in ou~~ audit of'the financial statements would not necessar7ly disclose all internal control rrratter~s that might be significant weaknesses under assurance standards established by the Canadian Institute al~ Chartered Accountants. A weakness in internal control is a deficiency in the design or ef#ective operation of'internal contral.~ A weakness in internal control is significant if'the deficiency is such that a rnater~ial misstatement is not likely to be prevented ar~ detected in the financial statements being audited, During our audit af'the financial statements upon which we reported an March ~, 2D417, no matters came to our attention involving the design ar operating effectiveness of internal cantr~al aver financial reporting that we consider to be signif cant weaknesses in internal control as defined above, we have not considered internal control over financial reporting since the date of'aur audit report KP~~r1G LLF .s a Caradian limited ;lability parmersi~ip and a rttarr~ber Firm of the KFfvtC~ nets,+,or'c of indepsndem mamher iiFnis affiliated a~aith KP.ti1G Int~rnationaf a S~~vrss cooperative 5 I . i t Fage Z Ihis letter is a by-product of'the financial statement audit ar~d is therefore a deri~ati~ve communication, phis letter has been prepared solely for the use ofmanagement and the Audit Committee in discharging their responsibilities with respect tv the financial statements and is not intended for any other purposes 'his letter should nat be distributed to others outside the entry without our prior written consent. we disclaim any liability to any third party who may r~e~y upon this letter , Very truly yours, .~ ~~f~ ~..,. _~~~.. r KFMG L LP St. Catharines, Canada DRAFT Financial Statements of THE REGIONAL MUNICIPALITY OF NIAGARA PROVINCIAL OFFENCES COURT OPERATIONS Year ended December 31, 2006 DRAFT -May 8, 2007,10:41 AM Version 1.22 last saved May 8, 2007 at 10:41:02 AM THE REGIONAL MUNICIPALITY OF NIAGARA PROVINCIAL OFFENCES-COURT OPERATIONS Notes to Financial Statements DRAFT Year ended December 31, 2006 1. Significant accounting policy: The consolidated financial statements of The Regional Municipality of Niagara Provincial Offences Court Operations (the "POA") are prepared by management in accordance with Canadian generally accepted accounting principles for local governments as recommended by the Public Sector Accounting Board (PSAB) of the Canadian institute of Chartered Accountants. Significant accounting policies adopted by the POA are as follows: Capital assets: Expenditures made on capital assets are reported -as expenditures on the statement of revenue and expenditures, funds available for distributions and total distributions and transfers in the period incurred. 2. Employee benefits and other liabilities: The POA provides certain employee benefits which will require funding in future periods. These benefits include sick leave, life insurance, extended health and dental .benefits for early retirees. 2006 2005 Retiree benefits $ 8,189 $ 5,967 Vacation pay 76,758 69,058 Other liabilities 931 306 $ 85,878 ,$ 75,331 Information about the POA's benefit plan is as follows: 2006 2005 Accrued benefit obligation: Balance, beginning of year $ 77,540 $ 68,396 Actuarial loss 1,729 - Currentbenefit cost 9,688 8,714 Interest 529 430 Balance, end of year 89,486 77,540 Unamortized actuarial loss (3,608} (2,209) Liability for benefits $ 85,878 $ 75,331 DRAFT -May 8, 2007,10:41 AM THE REGIONAL MUNICIPALITY OF NIAGARA PROVINCIAL OFFENCES COURT OPERATIONS Notes to Financial Statements DRAFT Year ended December 31, 2006 2. Employee benefits and other liabilities (continued}; Included in expenditures is $330 (2005 - $214) for amortization of the actuarial loss. The unamortized actuarial loss is amortized over the expected average remaining service life of 15 years. The POA pays certain life insurance benefits on behalf of the retired employees as well as extended health and dental benefits for early retirees to age 65. The PEA recognizes these post- retirement costs in the period in which the employees rendered the services. The most recent actuarial valuation was performed as at December 31, 2005. The main actuarial assumptions employed for the valuations are as follows: a) Interest (discount rate): The obligation as at December 31, 2006, of the present value of future liabilities and the expense for the 12 months ended December 31, 2006, were determined using a discount rate of 5%. b) Medical costs: Medical costs were assumed to increase at the rate of 8% per year reducing to ~4% per year over 12 years and 4% per year thereafter. c} Dental costs: Dental costs were assumed to increase at the rate of 4% per year. 3. Comparative figures: Certain 2005 comparative figures have been reclassified to conform with the financial presentation adopted per the current year. DRAFT -May 8, 2007,10:41 AM May 25, 2007 Nia a~a~~;,,~ Re ion ~ ~ REPORT TO: Chair and Members, Joint Board of Management, Niagara Area Courts SUBJECT: Collection of Delinquent Fines Status as of April 30, 2007 RECOMMENDATION That this report be received, and that staff be directed to cease collection activity for 532 cases valued at $78,181.16 as noted in this report. PURPOSE This report provides an update on delinquent fines collection as of April 30, 2007. REPORT The table below illustrates that delinquent fines revenue collected for the period of January 1, 2007 to April 30, 2007 was slightly higher than the amount collected for the same period in prior years. Delinquent Fines Revenue $680,000 $sso,ooo $640,000 $s2o,oo0 $soo,ooo $580,000 2003 2004 2005 2006 2007 ^ Period: Jan -Apr $601,754 $613,530 $649,142 $662,452 $670,606 1 Delinquent Fines Portfolio -Active Cases Staff believe that the increase in the size of the delinquent fines portfolio in 2007 results from increased tickets being issued in 2006 and 2007 and court closures in ZD06 which resulted in delays in processing Fail to Respond convictions. Enforcement Actions PEA collections staff continue to pursue collection through the use of demand notices, third party collection agencies and civil enforcement through Small Claims and Superior Court., Civil Enforcement Actions has of April 30, 2007 C~v~l En~ttrcement Actions Number o~ ~as~s Dollar Value Certificates of Default 7116 $10.6 million I, Writs of Seizure and Sale ~ 531 ~ $1.7 million Garnishments ~ 25 ~ $38,144 Total ~ 7672 ~ $12.3 million For the period of January 1, 2007 to April 30, 2007 staff secured 1,063 cases, by way of certificate of default valued at $1.6 million. Collection byway of civil enforcement by its nature is a long term endeavour and contributes to the increasing dollar value of the delinquent fines portfolio as well as the increased enforcement costs. Since 2003, $844,422 in delinquent fines revenue has been collected as a result of civil enforcement. As of April 30, 2007, staff have incurred costs of $25,561 for civil enforcement. It is expected that by the,end of May 2007 the entire budget amount of $30,870 allocated for civil enforcement will be spent. This results from an unanticipated increase in the number of cases requiring collection by civil enforcement. Simply put, members of the public appear to be~unwilling to pay their fines without being forced through the civil enforcement process 2 Staff therefore advise that it's anticipated that a further $21,600 will be needed to secure additional cases through civil enforcement by way of certificates of default for the balance of 2007. Third Party Collection Agencies A request for proposals (RFP) 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. In January 2007, RecoverCorp Inc.(RCI), began 1St placement collection services in partnership with POA. As of April 30, 2007, RCI has collected $230,636 resulting in commissions paid to RCI in the amount of $35,572.56. Recovery of Collection Agency Commissions On March 1, 2007, Regional Council approved report CSD 30-2007 which recommended, in accordance with authority given under the Municipal Act, 2001, that the Niagara Region's Fees and Charges By-law be amended to permit recovery of the collection agency fees as outlined in the report. In addition, the report recommended that 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. The Region's Municipal Fees and Charges By-law was amended in April 2007 to permit recovery of collection agency fees and a written request seeking the Attorney General's consent in this regard was submitted. In May 2007, the Regional Chair received written notice (copy attached) from the Attorney General consenting to the Regional Municipality of Niagara's request to add a collection agency commission rate of 14.9% to 19.5% of the total amount of defaulted fines owed by a defendant, as approved by Council. POA staff are currently implementing the necessary procedures to enable collection of the approved fees. It is important to note that technological limits of the Integrated Courts of Justice Network (ICON) system will prevent 100% recovery of agency costs as the ICON system does not allow for agency costs to be added to the cases. Without the ability to add the agency costs to ICON, other POA sites across Ontario, who may receive payments for delinquent fines owed to Niagara, will be unaware of the collection agency costs and will be limited to collecting the delinquent fine amount shown as owing in the ICON system. Payments made online via Paytickets, as well as payments received by mail, will be subject to the same limitations. Based on past results, staff estimate a recovery rate of approximately 55% of agency costs. 3 Write-off Submissions The table below provides a breakdown of the cease collection activity and write-off submissions for the fourth quarter of 2006 and the period up to April 30, 2007. Staff recommend that collection activity for the 532 cases valued at $ 78,181.16, as noted below, cease. Signed Affidavits -Sworn Paid 0 0 Inactive Corporations 2 $445.00 Unable to Enforce 4 $516.25 Total 532 $75,181.16 SUMMARY This report provides a summary of collection activities and results as of April 30, 2007. Bill Bernard Associate Director, Court Services This reporf was prepared by Jackie Foley, Collections Co-ordinator. 4 Respectfully submitted by: ~,.,~ cL Aftor~ney General Pr~ocur~eur~ c~ener~~l McMurtry-Scan ~~ilding ~~d4fica McMurtry-Scott / ~~ 72~ Bap Street 72a, rue $ay ~ 1 th Floor ~ ~ ~ stage ~ Toror~t~ ON M5G 2K~ Toronto ON M5G 2K1 ~~~ • Tel: 416 325-4a0Q Tai : ~4~ 6 326-4Q00 . Fex: 4~6 ~326~4016 T~I~c, : 4~ ~ 326-4Q~ 6 Qrt~ario pr ~4 . ~ ~~~ .~~" ,~ ~ Refe~~ence #;11rZ~7~~2.52.~ ~ ~~ ~~ ~ ~ ~ . ~~,~ ~~ ~~~~ ~x~ ~ ~ ~~~~~~~ i' •~.y fiFe~ ~~ R ~~ ~~.r+wr.wu~r~+r.ww+r+w.rrr~~.wr,wrrwr• ~~ y ~ • yet 'v-~a••'"~Fr:~t~i• 'YC~ ~ ~ (~` /A r ' w. . • ~ ~ ,,~ ~^~ 4 Qua ~_.M•wr ~.-r~.~Iwr.arn~... ~~~,~ refer Pa~~~.gton .~`G,~., ~ ~~~ s i ~ ,~~ ~ ~. r ^ `e'er' •`.....r.r~..r•~ ~~ ~.~rr...^~rr'rw ~r.~ ~`he Regional lUfunicipalxty o~'l~iaga~~a .~.,~_~..~~,- ~~ ~`~_ N~. ~vR ~^r.rw. rr~~~o M 201 St„ David's Raad •~~c. . ~.~.rr^rrtrr~r ,r.rr~w.r^rw+w~w. P~ Box 1 X42 ~ ~,,~y.. torold, Oft Lev ~'~`7 . ~ . I~ea~~ ~~~, P ~ngtan: Tharp you fo~~ yo~u~ Iette~~ r~ecluesting• ~.y consent to authorize the recave~y off' collection agency costs associated with debt collection activity related to outstanding 1'y~pvinczal ~J, ffences~ ~c~~ fines by the•Regio~al Mu~icxpalit;~ aI'ItiI`iaga~~a. As you aY~e aware, nnde~' the ~~A Tr~ansfe~~ Ag~~eernent, Municipal ~artner~s have the authority to collect~nes and certain casts, fees and surcharges levied unde~~ the Pra~incaat ~J~fence~~ ~1c~~ a~.d the Cor~t~aventiQns ~c~ {+~anada} . ~'he Provincial ~ff~nces pct states that Municipal Part~er•s "shah not collect any othet~ changes for acting under a transfer agr~eem.ent, eXCept with the Attorney ~rene~nl's w~rtten consent, obtained 1n advance'} ~s.. l ~S ~9}}., . I he~~eby consent tv the Regional Mi~.icipali~y af'~'iagar~a's ~~e~uest to add a collection agency eom~nissian rate of I4,.~% to 19 .S% of'the fatal amount off' def aulted fines owed by a defendant, as approved by Council., In the preamble, the ~tr~nsfe~~ ag~eerr~ent states that "~~e impr~avements in service de~ive~y tv the public fo1~ local ~~stice ~.atte~~s pan hest be achieved in pa~~ner~ship with local governments," As Attorney Ge~.eral, I share thx.s vision af'plavincia~-municipal coaperaiian in reaching the goal oz a m~de~n, efficient and e~fective,~ustice system, ,,,., 2 ~' ~5x If' you x~equix~~ ~~ie~~ infoxma#iox~. x~egax~g tic r~ecav~~;y af' coiiec~.oxx ag~~c~ costs, please oontac~. ~. ,Tere~.y Crx~ggs, ~Ian~.ger, ~°~vvincia~ Cif f~nc~~s ,~c~ Units a~ X416} 212-45~G ~x~ ~e~~~~~~a~.~a~xa.ca., . ~ou~~s ~culy; • rwwww.~~.rt~r~~W4 ~Ivr..~1.1r..+..ri pi~r~.~ ~~...... mss.,, . ~rn.ll.arrrt.~w~ . ~ ~ ~1Chae~ ~I~aIIf ... ..At~orne~ ~renex~ai . . . .~ ~~. . ACCOUNT NUMBERS REVENUE: 6240 Revenue Post Transfer 6247 Delinquent Revenue 6702 Sublet Revenue Miscellaneous TOTAL REVENUE GROSS EXPENDITURE: CONTROLLABLE 1001-1092 Salary and Benefits 2303+2305+2306+2610 Building and Equipment Rental 2611+2630+3811 Computer Supplies and Maintenance 1222-1472+1808+1818+2003+2008-2259+2620-2646+2710.5040+1202+12210ffice and Miscellaneous 2023 Prosecution 2255+2256+2406 Telephone 3805 Office Furniture and Equipment SUB TOTAL CONTROLLABLE UNCONTROLLABLE Revenue collected on behalf of other 2239 municipalitieslprovinces 2240 Victim Fine Surcharge 2241 Adjudication 2244 Dedicated Fines 2018+2237+2238+2242+2246+2248+2249 Other Provincial Expenditures SUB TOTAL UNCONTROLLABLE TOTAL EXPENDITURE Net Revenue to Share Distribution to Area Municipalities Distribution to Region NET POTENTIAL (SURPLUS)lDEFICIT AREA MUNICIPAL POTENTIAL SURPLUS REGIONAL MUNICIPAL POTENTIAL SURPLUS Provincial Offences Act Statement of Expenditures and Revenues For the Month Ended: April 2007 YEAR YEAR VARIANCE Analysis of Department 2,007 TO DATE TO DATE Favourable Expendltures and Revenue Variance BUDGET BUDGET ACTUAL (Unfavourable) $ S $ $ 4,039135 1,346,376 ( ~ ) ( 1 1,475,555 ( ) 129,179 Exceeding budget by 9.6% {increase in ticketsfiled) (1,661,323) (553,772) (670,606) 116,834 Exceeding budget by 21°/0 {increase in civil enforcement) (6,264) (2,088) (10,193) 8,105 Exceeding hudget by 388°~ (Overpayment of lease) (5,706,722) (1,902,236) (2,156,354) 254,118 Exceeding budget by 13.3% (increased enforcement) 1,405,529 461,182 433,677 971,852 6%underbudget (seasonal variance) 380,574 126,857 125,010 255,564 Virtually on budget 15,143 5,048 1,762 13,381 65°~ under budget (licensing fee payment due in Oct) 602,291 213,179 190,920 411,371 10°h under budget (seasonal variance) 14,820 4,940 4,400 10,420 11% under budget (reduced need far on call prosecutors) 28x855_ . 10,345 8,183 20,672 21°~ under budget (delay in receipt of billings) 2,000 664 - 2,000 100°k underbudget (unused contingency funds) 2,449,212 822,215 763,952. 1,685,260 7°k under budget (controllable expenditures) 300, 000 100,000 89,997 210, 003 10% under budget (fewer payments to other municipalities) 1,000,000 333,333 400,019 599,981 20% over budget (related to revenue increases) 200,000 50,000 55,918 144,082 12°10 over budget (reflects increase in court sitting time) 63,000 21,000 3,500 59,500 83% under budget (fewer dedicated fines paid out) 172,653 44,134 • , 58,488 114,165 33°~ over budget (increase in municipal bylaw dististribution) 1,735,653 548,467 607,921 1,127,732 11% over budget (uncontrollable expenditures) 4,184,865 1,370,682 1,371,874 2,812,991 Virtually on budget (total expenditures) (1,521,857} (531,554) (784,480} 3,067,109 760,929 180,000 180,000 - On budget 760,929 180,000 180,000 - On budget - - (424,480) - - - (212,240) - - - (212,240) - Regional participation in the convention centre project to staff for report. f's Dur Time! For Investment in Healthcare Ms. Debbie Sevenpifer, President and CEO Niagara Health System noted that it's our time, for investment in healthcare; for care closer to home; to move to the next step in making this project a reality. The Niagara Health System needs to secure commitments for the local share for the new Healthcare Complex in St. Catharines as a pre-condition to tender the project in Summer 2007. The local share requirements for the project were detailed as follows: The Ministry of Health funds 90% of the infrastructure; the local share primarily consists of: 10% of infrastructure; 100% of equipment, new and replacement, with the exception. of major radiation and tertiary mental health equipment; 100% parking lots/structure and 1.00% retail space. The local share is estimated currently to be approximately $100 million, however, this project is still in it's very early stages. Any increase in the total project costs prior to financial close is to be shared proportionately between the Ministry and the hospital, there is no cap on the local share. The plan to fund the local share estimate of $100 million includes Regional fundraising campaign ($25 million); retaillrevenue generating strategies ($15 million) and #ax levies and grants ($60 million). The Regional levy contribution ~ to~ fund ~ regional services that will benefit all Niagarans at the new Healthcare Complex through the new cancer - radiation; Cardian catherterization; Tertiary mental health; Level 3 intensive care and the i ~ ,- existing Chemotherapy; Inpatient oncology; Vascular and thoracic surgery; Diabetes education and .. Tertiary nephrology. orporate Services Staff Receives Canadian Award for Financial Reporting Achievement The Canadian Award for Financial Reporting Achievement was awarded to Brenda Garrett, Richard Bendell~, Karen Russell and Debbie Williams of the Corporate Services Department. The award was established to encourage municipal governments throughout Canada to publish high quality financial reports and to provide peer recognition and technical guidance for officials preparing these reports. Its attainment represents a significant accomplishment by a government and its management. he Friends of Linhaven Recognized! Niagara Region's eight long-term care homes are fortunate to have been blessed with approximately 850 volunteers and Auxiliary members whom were recently honoured during National Volunteer Appreciation Week. The Friends of Linhaven stand out among these wonderful volunteers and are deserving of your special recognition for their inspirational love of life, their exemplary commitment to the well-being of others and their prolific fundraising achievements. Linhaven, the Adams Centre and the Niagara Region are much better places to live due to this amazing group's outstanding efforts. .: eam Participation Excellence Awards Presented The Pandemic Planning Writing Team was nominated for Team Participation for their outstanding work on the pandemic plan for Niagara. This group brought together individuals from across the corporation and the broader community to collectively work on this important project. The diversity of each of the subcommittee members created an opportunity for the plan to incorporate all major stakeholder issues as well as assist in identifying gaps within the plan that needed to be addressed. The plan sets out a comprehensive region-wide approach to health preparedness and response planning, and provides information to guide local pandemic planning groups. A Team Participation award was also awarded to the Provincial Offences Court Staff who continually go the extra mile to assist clients in preparing paperwork, negotiating payment plans and suggesting methods that can achieve awin-win situation for all ~ parties. ~ Due to ~ the nature of the service, the clientele can often be upset and a challenge to manage. The tactfulness shown to these clients makes the best of a difficult situation. Niagara's staff is recognized by their peers throughout the province as leaders. From: Information Niagara 905-682-1900 ext 223 To: NIAGARA FALLS, CITY OF Page 1 of 1 coo Niagara Region Public Health 2201 Sk. David's Road, Cam bell East P Tharold, Untario, L2V ~T7 Telephone: (905) fi88-37fi2 Toll Free; 1-80Q-2fi3-728, Fax: (905y 6$8-7Q2~ hln@regional.niagara.on.ca Our Community Partners Brock University June 28, 20D7 Canadian Cancer Society Niagara Unit Dear Community Group, Canadian Diabetes Association On behalf of Healthy Living Niagara, I invike you ko participate in the World Record Walk, ~.A.P.G, Niagara Brighter Futures on Wednesday, C}ctober 3r~, at 12:30 ,rn. EQT, This event will be held at tho sands of P u City of Niagara Falls locations across ~3ntario, The cumulative total of participants will be tallied in an effort to Parks, Recreation and Culture break the Guinness World Record for the lar esk simultaneous oneykilorneter walk. 9 Community Care st. Catharines and Thorold This event, however, is about much more than breakin a world record. The ur ose of Communiky Health Services - ~ p p the WRW is to launch a "walkolution" - by creating a culture of walking in Niagara, The Canadian Red Cross walk also represents an organized physical activit initiative in accordance with the Community Health and Wellness y region wide TREKZ4NE plan for eating right and being active where people live, learn, Fort Erie work and play. Community Living -Grimsby, Lincoln ~ West Lincoln This walk is cone-kilometer, mid-da event that will take about 2Q minutes c District School Board of Niagara Y t0 omplete. Your group may conduct your own walk at a specific site or wish to work with your Elementary Teachers' Federation of municipality to set up a central meeking place far the walk such as City Hall. Registering Ontario -Niagara for the World Record Walk is very simple, Jusk visik www.worldrecordwalk.ca, The Heart and Stroke Foundation of website provides downloadable resources including the Guinness World Record rules ntano and regulations. Also included in this package are a media backgrounder, Guinness Heart NIAGARA challenge information and a check list of information on the walk. Hope for a Healthy Workplace Hakel Dieu Shaver Health and The World Record Walk website features a "Look Whv's Walking" page where they will Rehabilitation Centre be featuring community groups, schools, municipalities, trails organizations and workplaces who are getting involved. Consider taking advantage of this opportunity to ~MSB Consulting profile your group, Niagara Catholic District School Board More information and prornotiona! ikems will be provided to au re ardin the walk as Y 9 9 Niagara Community Food Advisors they become available, For more information on the walk, feel free to contact Niagara Council on Smoking and ~ t~regonal;niagar„a.on.ca Health Niagara Elementary Uni# of Qntario I hope your group will Join the "walkolution". English Catholic Teachers' Association YaUrs Sincerely Niagara Freewheelers Bicycle Touring Club Inc. } Niagara Health System ` ,I~~ l Niagara Physical Activity Advisors Ontario Early Years Centres O.S,S,T,F. District 22 Niagara pan Malleck Pro'ect Chair Project s.H.A.R.E. ~ I Nealthy Living Niagara The Mental Health and Wellness inc. Media Backgrounder, Guinness challenge information, walk checklist Network The Regional Municipality of °~ e~ Niagara • Community Services Department ~ ~ PubliG Health Department Town of Lincoln IMAttM.D RAC T ~ E ~Z 0 N o~W~ Af;T'oB~R 3"D ~QQ7 "fit ht. ~~ ~C'kIV@. VVa~I~tC1M Unit/er5ity WOmen's Ciub St. Catharines YMCA of Niagara zanta Club of Niagara Falls ~-e~~~ny Choices Make a Dr'fference...~njoy i~lealfhy ~Eeting. Shay Active. Live Smoke-Free.