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2007/11/13 - Regional
Council Information *for period ended November 13, 2007* *Regionalal* 1. Claw Back Percentages & Municipal Tax Adjustments 2. Smarter Niagara Incentives/ Brownfields 3. Road Works Montrose Road 4. Niagara Water Strategy 5. Growth Management Strategy 6. Separation Distances 7. Joint Board of Management - POA Courts 8. Council Highlights 9. Police Board Report Nis ara ~>~~~~~: ~Qn~: g g October 19, 2007 Mr. Dean lorfida Municipal Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 CL 14-2007, October 18, 2007 CSC 14-2007, October 10, 2007 Report CSD 112-2007 2007 Claw Back Percentages and Municipal Tax Adiustments Office of the Regional Clerk ~~ 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Te1:905-685-1571 Toll-free:1-800-263-7215 Fax: 905-687-4977 pam.gilroy@regional.niagara.on.ca www.regional. niagara.on.ca The Council of the Regional Municipality of Niagara, at its meeting of October 18, 2007, approved the Corporate Services Committee minutes which approved Report CSD 112-2007, 2007 Claw Back Percentages and Municipal Tax Adjustments, as contained in the minutes of the Ad Hoc Committee of Council on Property Assessment and Taxation Reform. The motion reads as follows: "That Report CSD 112-2007, July 18, 2007, respecting 2007 Claw Back Percentages and Municipal Tax Adjustments, be received and approved as amended. That the percentage claw back for the affected property classes, under section 330 (1) of the Municipal Act, be established as follows: Multi-Residential 57.4162% Commercial 69.9335% Industrial 19.2355% That the Region act as a banker, under section 330 (6) of the Municipal Act, on November 9, 2007 for the 2007 Municipal Tax Adjustments. That the Regional Clerk be instructed to prepare the necessary by-laws to implement the recommendations contained in the report. That this report be received and circulated to the Councils of the area municipalities for information." A copy of Report CSD 112-2007 and By-law No. 97-2007 is enclosed for your information. For further information on this matter please contact Ms. Debbie Williams, Senior Financial Analyst at (905) 685-4225, ext. 3454. Yours truly, ~~~ 'F Pam Gilroy Regional Clerk cc: J. Bergsma, Commissioner, Corporate Services D. Williams, Senior Financial Analvst Building Community. Building Lives. CSD 112-2007 July 18, 2007 ~ Niagara~~`f Region REPORT TO: Co-Chairs and Members of the Corporate Services Committee SUBJECT: 2007 Claw Back Percentages and Municipal Tax Adjustments RECOMMENDATION 1. That the percentage claw back for the affected property classes, under section 330 (1) of the Municipal Act, be established as follows: • Multi-Residential 57.4162 Commercial 69.9335 Industrial 19.2355 2. That the Region act as a banker, under section 330 (6) of the Municipal Act, on October 12, 2007 for the 2007 Municipal Tax Adjustments. 3. That the Regional Clerk be instructed to prepare the necessary by-laws to implement the recommendations contained in the report. 4. That this report be received and circulated to the Councils of the Area Municipalities for information. EXECUTIVE SUMMARY Capping is a provincially mandated program that applies to the multi-residential, commercial and industrial property classes, limiting property tax increases to a prescribed maximum percentage each year. In 2005 the Province introduced additional capping tools in response to Municipal appeals for methods to move properties to CVA taxation more quickly. Regional Council adopted the maximum limits allowable on these capping tools as part of 2007 tax policy. The use of these maximum limits brings properties closer to • CVA value for taxation purposes. As a result the amount of claw back experienced by properties in the Region has been mitigated. 1 of 7 CSD 112-2007 July 18, 2007 FINANCIAL IMPLICATIONS • There are no financial implications to the Region as a short fall did not occur in any of the protected property classes. PURPOSE This report is intended to provide information regarding the 2007 claw back percentage for each mandated capped property class and the 2007 Municipal Tax Adjustments pursuant to Ontario regulations affecting the Provincial government's mandated capping program. REPORT Background A mandated capping program has been in place since 1998. It was initially introduced as a three year program (10-5-5) to mitigate reform-related property tax increases for the multi-residential, commercial and industrial classes of property. On the completion of this program, Bill 140 was introduced to continue the transition towards current value assessment beyond the year 2000 with a 5% limit calculated each year based on the previous year's annual taxes. The Budget Measures Act, 2004 introduced new capping options for the 2005 taxation year. Each of these options, has been adopted by Regional Council, they provide local flexibility to determine tax capping protection, accelerated • progress to CVA, reduced claw back percentages and the phasing out of protection for eligible new construction properties. OPTA -Capping Calculations The Ontario Property Tax Analysis Tool (OPTA) provided by the Ministry of Municipal Affairs and Housing, has been utilized by Niagara Region to calculate appropriate claw back percentages. The Area Municipalities also use OPTA to prepare tax billings for each property within the capped classes. In consultation with the Area Treasurers a data cut-off date of April 27, 2007 was selected. Adjustments such as ARB decisions, supplementary and omitted assessments from MPAC are processed up to and including this date by OPTA. Including these adjustments on the OPTA system before billing allows for fewer post-billing adjustments required by the area municipalities. Finalization of the data on OPTA was completed by staff of the Area Municipalities, the Region, the Ministry of Municipal Affairs and MPAC, allowing OPTA to successfully freeze the tax and assessment data as of June 27, 2007. • 2 of 7 CSD 112-2007 July 18, 2007 . Funding the Cap in Niagara Region The revenue neutral method of funding the capping program claws back tax decreases from properties in order to fund capped property tax increases within the same class. This method of funding the mandatory capping program has been used each year in Niagara Region. It ensures that all businesses, in the same class, across the Region are treated equally by applying a uniform claw back percentage. In order to ensure that a surplus or shortfall does not occur in any of the Region's Area Municipalities as a result of property tax adjustments, section 330 (6) of the Municipal Act, permits the Region of Niagara to act as a banker. In this capacity the Region invoices those Area Municipalities in a surplus position and produces cheques for those Area Municipalities in a shortfall position, achieving a neutral dollar impact for each municipality. Uniform Claw back Percentages The revenue neutral approach of funding the capping program requires tax decreases for properties within the three capped classes be limited. In this respect, sufficient claw back percentages have been calculated using OPTA's June 27, 2007 frozen data. It is the Region's responsibility to establish these claw back percentages in a by-law. The 2007 claw back percentages for Niagara Region are as follows: Multi-Residential 57.4162 Commercial 69.9335 Industrial 19.2355 Municipal Tax Adjustments The municipal tax adjustments have been calculated by the OPTA system. A list of the dollar impacts by Area Municipality and capped property class is provided in Schedule A. It is recommended that the Region's banking date be set to coincide with the Region's final levy date of October 12, 2007. On this date invoices and cheques for the banking requirements will be due. The total amounts by municipality and date are provided in Schedule B. There will be no impact to interest earnings as the Region will invoice those Area Municipalities that are in a surplus position and date cheques for those in a deficit position for the same day. • 3 of 7 CSD 112-2007 July 18, 2007 Impact -Adopting Additional Capping Options • Additional capping options were introduced in the Budget Measures Act (2005), to provide municipalities with added flexibility and with the potential of accelerating the progression of properties to full CVA. Consultation with Area Treasurers resulted in recommendations that each of the available options be adopted at their maximum level. The impacts of adopting the additional capping options are summarized in Tables A and B. Table A Number of Capped Properties Capped properties -before options Options 1. Annual cap increased from 5% to 10% of the previous year's annualized taxes. 2. Annual cap increased from 0% to 5% of previous year's annualized CVA-level taxes 3. Capped properties moved directly to CVA if within $250 Total reduction in capped properties Capped properties -after options 922 (387) 75 96 • (216) 706 The total number of capped properties was reduced by 216. These options also result in reduced claw back percentages by decreasing the amount of taxes capped. Table B Number of Clawed Back Properties Clawed Back properties -before option 3,893 4. Clawed Back properties moved directly to CVA if within $250 (1,056) Clawed Back properties -after option 2,837 In total, 1,056 properties were within $250 of their CVA taxes. These properties are no longer clawed back as they have been moved directly to CVA. • 4of7 CSD 112-2007 July 18, 2007 • 5. The minimum threshold for properties which become eligible for New Construction/New to Class treatment in 2007 was increased from 80% to 90%. On a go forward basis this option will assist in reducing the level of protection and claw back percentage. An impact can not be estimated for this option. Due to the lower number of capped properties, the amount capped has decreased in total $1.6 million. A breakdown by property class of the total tax dollars capped/clawed back is provided in Table C. Table C Additional Capping Options Adopted Property Class Yes No Impact Multi-residential 224,908 164,635 ($60,273} Commercial 7,413,726 5,974,860 ($1,438,866) Industrial 384,419 310,399 $74,020} Total 8,023,053 6,449,894 ($1,573,159} • A total reduction in tax adjustments of $1.6 million results in decreased claw back percentages (Table D) required to fund the capped properties. Table D Additional Cappin Options Adopted Property Class No Yes Impact Multi-residential 75.58% 57.42% -18.16°l0 Commercial 85.82% 69.93% -15.89°I° Industrial 21.35% 19.24% -2.11 % • Submitted by: John Bergsma Commissioner of Corporate Services Approved by: Mike Troj n Chief Admin ative Officer This report was prepared by Debbie Williams, Senior Financial Analyst. Attachments 5 of 7 CSD 112-2007 July 18, 2007 Schedule A 2007 Municipal Tax Adjustments Niagara Region OPTA Multi-residential Commercial Industri al Total Municipality Levy Cap Im act p Muni Share Net Adjust J Levy Cap Impact Muni Share Net Adjust Levy Cap Im act p Muni Share Net Adjust J Net Adjust Niagara Falls $2,534,060 $38,887 $3) $38,884 $24,948,753 {$1,914,568) $0 $1,914,568) $1,269,703 ($22,785) $0 ($22,785} $1,898,469) NOTL $61,951 {$441} $0 ($441 $1,225,105 ($695,245} $0 {$695,245} $112,868 ($42,380 $0 (S42,380) ($738,066} Fort Erie $344,372 $5,944 $0 $5,943 $2,184,062 {$111,991) $0 {$111,991 $559,260 ($12,604) $0 {$12,604) ($113,652) Lincoln $89,268 $1,396 $0 $1,396 $965,711 $68,015 $0 $68,015 $615,436 ($96,994} $0 {S96,994) ($27,583} Wainfleet $3,059 $0 $0 $0 $131,034 ($7,788) $0 ($7,788) $38,765 ($4,042) $0 ($4,042) {$11,830) Grimsb $171,863 $327 $0 $327 $1,279,793 $25,051 $0 $25,051 $311,218 {$2,603} $0 ($2,603 $22,775 West Lincoln $41,241 $2,285 $0 $2,285 $301,148 $35,573 $0 $35,573 $161,137 $2,050 $0 $2,050 $39,908 Pelham $134,650 $787 $0 $787 $430,859 $86,940 $0 $86,940 $35,980 ($792) $0 ($792) $86,935 Port Colborne $571,739 $4,789 ($1 $4,788 $1.,170,454 $139,477 $0 $139,477 $1,160,289 $21,217 $0 $21,217 $165,482 Thorold $298,091 $3,399 $0 $3,399 $1,171,240 $181,500 $0 $181,500 $1,101,462 $14,720 $0 $14,720 $199,619 Welland $1,863,670 ($2,723} $2) {$2,725 $3,681,644 $628,441 $0 $628,441 $1,174,668 $79,989 $0 $79,989 $705,705 St Catharines $5,495,289 ($54,623) {$6) $54,628} $12,817,247 $1,564,595 $0 $1,564,595 $2,617,202 $64,224 $0 $64,224 $1,574,191 Nia ara Region $14,655,162 $0 ($15) {$15} $65,624,667 $0 $0 $0 $12,228,322 $0 $0 $0 ($15) Total $26,264,416 $26 f$26) $0 $115,931,717 $0 $0 $0 $21,386,308 $0 $0 $0 $0 Municipal Share represents respective LT/UT share of Shortfall. All amounts also include respective Upper Tier and Lower Tier special area rate charges. Positive lower tier amounts under Net Adjustment column represent payments due from lower tier municipality to upper tier. Negitive lower tier amounts under Net Adjustment column represent payments due from upper tier to lower tier municipality. • ~, ~ • • CSD 112 ~ July 18,7 2007 Municipal Tax Adjustments Total Municipality Net Ad'ustment Niagara Falls $1,898,469 NOTL ($738,066} Fort Erie $118,652) Lincoln $27,583 Wainfleet ($11,830 Grimsb $22,775 West Lincoln $39,908 Pelham $86,935 Port Colborne $165,482 Thorold $199,619 Welland $705,705 St Catharines $1,574,191 Niagara Region ($15 Total $0 Positive lower tier amounts under Net Adjustment column represent payments due from lower tier municipality to upper tier. Negitive lower tier amounts under Net Adjustment column represent payments due from upper tier to lower tier municipality. Schedule B 7 of 7 CSD 115-2007 July 18, 2007 Niagara'~l`f Region REPORT TO: Co-Chairs and Members of the Corporate Services Committee SUBJECT: Attorney General's Request re: Photocopying Fees RECOMMENDATIONS That this Committee recommend to Regional Council: That, in accordance with the Attorney General's request, the Regional Municipality of Niagara reduce photocopying fees for POA court documents not requiring certification from two dollars per page to one dollar per page; and That Niagara Region's Fees and Charges bylaw be amended as necessary to reflect this change; and • That the Regional Chair be directed to advise the Attorney General of Regional Council's decision to adopt this access to justice initiative. EXECUTIVE SUMMARY In an initiative to increase access to court records, the Ministry of the Attorney General recently reduced its photocopying fees for court documents not requiring certification in all provincially-administered courts. The Attorney General has requested that, as an access to justice initiative, municipally-administered POA courts consider implementing a similar reduction. As the expected impact of this initiative is minimal, staff recommend that the reduction be implemented. FINANCIAL IMPLICATIONS The recommended reduction in the fee structure for photocopying non-certified POA court documents will result in a revenue decrease of less than five hundred dollars annually. • CSD 115-2007 July 18, 2007 • PURPOSE To receive approval to reduce the fee for photocopying non-certified POA court documents as requested by the Attorney General. REPORT In January 2005, the Attorney General of Ontario created a Panel on Justice and the Media to discuss issues of mutual interest and concern. Representatives from the media, the police, the bar and the judiciary studied ways to improve understanding and operations between the media and the justice system. The Panel's report contained 17 recommendations in areas of openness, education, working in the electronic age and the ongoing relationship between justice and the media. One recommendation focused on the issue of affordable access to court records and the Panel suggested that photocopying records in Ontario were significantly higher than in most other jurisdictions in Canada. Photocopying fees ranged from three dollars per page in Quebec to 25 cents per page in P. E. I., the average being one dollar per page. • In April and May of this year the Ministry of the Attorney General, through a change to Ontario Regulation 16/00 (The Administration of Justice Act), reduced the fee to make copies of court documents not requiring certification in al! provincially- administered courts to one dollar per page. It is believed that a photocopy fee decrease in all Ontario courts would promote greater access to information for the public and the media and bring fees in line with other provinces in Canada. The regulatory change exempted municipally-administered courts from the fee reduction pending consultation with municipal partners about changes that would affect municipal revenue. Municipal partners have the ability to participate in this access to justice initiative and correspondence has recently been received from the Ministry of the Attorney General inquiring as to whether the Regional Municipality of Niagara wished to opt into the photocopy fee decrease for court documents not requiring certification. An informal survey by staff indicates that many municipally administered POA courts, in the interest of supporting greater access to information for the public and the media, will be opting into the photocopy fee decrease for court documents not requiring certification. Should Niagara chose to adopt the photocopying fee decrease as requested by the . Attorney General, the annual decrease in revenue would amount to less than five hundred dollars. Noting the minimal revenue impact, staff recommends Niagara's CSD 115-2007 July 18, 2007 courts opt into the photocopying fee decrease suggested by the Ministry of the Attorney General. Submitted by: r of Corporate Services Approved by: Mike Trojan Chief Administrative Officer This report was prepared by Bill Bernard, Associate Director, Court Services and reviewed by Mike Kyne, Director, Legal Services. • • • Bill 97 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. 97-2007 A BY-LAW TO PROVIDE THE CLAW BACK PERCENTAGES TO BE USED FOR EACH CAPPED CLASS TO THE AREA MUNICIPALITIES WHEREAS section 330 of the Municipal Act, S.O., 2001, c. 25, as amended, allows Regional Council to claw back property tax decreases in order to fund all or part of the 5% tax cap, and authorizes the Region to provide adjustments between the upper-tier and lower-tier municipalities, to ensure that a surplus or shortfall does not result; and WHEREAS, in order for the area municipalities to utilize these claw back percentages, the Region must pass a by-law indicating the percentage to be used for each capped class; and WHEREAS the claw back percentages have been calculated, and the funding method has been established, as reported in Report CSD 112-2007. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: That the claw back percentages for each capped class are: Multi-Residential 57.4162% Commercial 69.9335% Industrial 19.2355% 2. That this by-law shall come into force on the date upon which it is passed. T GION L NICIPAL,\TY OF NIAGARA (Peter Partington, Regional Chai (Pam Gilroy, Regional Cler Passed: October 18, 2007 ~ERT~~! ~ A TRt1E ~4PY c~uTr ~ R.~+•+ ~~~h a rMa«. Niagara ~ f October 4, 2007 The Honourable D. Cansfield Minister of Transportation Queen's Park 77 Wellesley Street West Ferguson Block, 3rd Floor Toronto, ON M7A 1Z8 Dear Honourable Minister: CL 13-2007, September 27, 2007 Niagara to GTA Corridor: ~peninq New Economic Opportunities, June 2007 i ~-~ (( ~o t,u.uuen.~ Atla+la~lt ,w Cler ~ t L2V 4T7 The Council of the Regional Municipality of Niagara, at its meeting of September 27, 2007, following a presentation by Paula Dowell, PH.D., Vice President, Economics, Freight and Finance, Wilbur Smith Associates, approved the following recommendation: "That the presentation by Dr. Paula Dowell, Wilbur Smith Associates, be received; and That the recommendations in the Niagara to GTA Corridor: Opening New Economic Opportunities Final Report be endorsed; and That the Wilbur Smith Associates Report, Niagara to GTA Corridor: Opening New Economic Opportunities, 2007, be submitted to the Province as a formal input into the Niagara to GTA Environmental Assessment Process; and That copies of the report be forwarded to .area municipalities, AMO, FCM, MPP's and MP's." The report identifies the many competitive advantages within the study area that would enhance the economic prosperity of the industries and communities if the Corridor were to be completed without delay. These include: a strategic geographic location that provides access to major markets; IL:..... .. .1.1 L... ...-. .1~L:_.- L_ 1. ..1 :.~-. V..L.. ...L.. ..1 1L... 1A/,II... .1 /~~.-_1. iisunn i iuuai a ctr iapoi ~auui i aSSe~s iiiCiuun iy ani air Vargo i iuu, i i iar ii ie poi w ai iu a iC V VClldt IU ~.at ~a~, Class 1 rail corridors and international border crossings; and underdeveloped lands. Office of the.. Regional Clerk t~egi o ~ .i~' `2~01~t Cla~id s I~dad P O-.'Box 1042, Thorold ON Te1:905-685-1571 Toll-free:1-800-263-7215 Fax: 905-687-4977 pam.gilroy@regional.niagara.on.ca www.regional.niagara.on.ca Building Community. Building Lives. Page 2........... A copy of the report "Niagara to GTA Corridor: Opening New Economic Opportunities" is enclosed for your reference. Thank you for your attention to this important issue. Yours truly, Pam Gilroy Regional Clerk cc: The Honourable David Caplan, Minister of Public Infrastructure Renewal The Honourable Lawrence Cannon, Minister of Transportation Infrastructure & Communities J. Slobodzian, MTO, St. Catharines Local MPPs; MPs Area Municipalities Association of Municipalities of Ontario Federation of Canadian Municipalities M. Brickell, NEDCO DPD 119-2007 CSD 153-240'7 October 10, 2007 File: D16.UR,re Niagara'~~`f Region REPORT TO: Co-Chairs and Members of the Planning and Public Works Committee Co-Chairs and Members of the Corporate and Financial Services Committee SUBJECT: Smarter Niagara Incentives Program - Pilot Public Domain Incentives Program RECOMMENDATIONS - That this Committee recommend to Regional Council: 1. That a Public Domain Incentives Program as a new component in the Smarfer Niagara Incentives Program be implemented and tested as a pilot in 2007, subject to individual funding requests being brought back to Council for approval; 2., That the avaifabie funding for the pifat Public Domain Incentives Program be capped at an upset limit of $300,000 for 2007; and, 3.. That this report be circulated to the Area Municipalities for information.. PURPOSE The purpose of this report is to seek approval for a pilot Public Domain Incentives Program as a new component of the Smarter Niagara Incentives Program for implementation during 2007. EXECUTIVE SUMMARY A two-phase approach to delivery of the Smarter Niagara Incentives Program, in which the second phase would include a Public Domain Improvement Program as a pilot program, was proposed in DPD 8-2007/CSD 6-2007. It is now proposed, with the support of the CIP Contact Group (made up of representatives of each of the municipalities that has a CIP in place and is participating in the Smarter DPD 119 --2007 CSD 153 --2007 October 10, 2007 Page 2 Niagara Encentives Program}, that such a pilot program be established in accordance with eligibility, funding, and administrative guidelines contained in this report., Initiation of the pilot program will be an appropriate progression in the evolution and continuous improvement of the Smarter Niagara Incentives Program, and wil[ support the Smarter Niagara objective to foster distinct, attractive communities with a strong sense of place. FINANCIAL IMPLICATIONS Approval of this report would have the effect of allocating $300,000 to the pilot program from within the approved budget for the Smarter Niagara Incentives Program for 2007. REPORT Background A two-phase approach to delivery of the Smarfer Niagara Incentives Program was proposed as a pilot for 2007 in report DPD 8-2007/CSD 6-2007., In the first phase, occurring within the frst six months of the year, the Incentives Program would operate as in previous years. Opportunities for investment would continue to be evaluated in accordance with the Investment Criteria adopted by Council in 2006 {DPD 38 - 2046). These opportunities would be brought forward by private sector investors and considered for approval by the local municipal councils., In the second phase the Program would be expanded to allow for consideration of special projects in a competitive evaluation process., Special projects could include municipal infrastructure projects and public realm improvements,. Each project would be required to provide a business case justification consistent with the Smarter Niagara Principles.. This phase of the Program would be funded from a proportion of the uncommitted funds available far investment in the second half of 2007„ The remaining funds in the Program would continue to be available for investment in private sector projects. implementation details including eligibility criteria and parameters for funding have now been devefaped by the CIP Contact Group for Council's consideration.. This initiative would complement Council's previous support through the ArtsVest initiative for cultural enhancement within the public domain„ The goal of this initiative is specific to the placement of public ar#,. DPD 119 --2007 CSD 153 --2007 October 10, 2007 Page 3 Summary of Activity to date in 2007 Canada/Ontario Affordable Housing Program: Applications under the Program, which is administered by Niagara Regional Housing, have been received for three projects in the City of St Catharines:: City of St. Catharines Community improvement Project Areas: A number of applications have been received, and are in process, for' a variety of projects in the City. The progress of these applications is being monitored to ensure that sufficient Smarter~Niagara funds will be available to meet the City's expected participation in the program in 2007:, City of Niagara Falls Community Improvement Project Areas: The City now has three approved Communi#y improvement Pions:, These include the Downtown CIP, the Brownfield CIP, and the Historic Drummondville CIP.. City Council has approved grant applications in all three project areas for 2007:: Sufficient Smarter Niagara funds will be available to meet the City's expected participation in the program for 2007:, - Niagara-on-the-Lake Heritage Restoration Grant: The Town expects to utilize the maximum funding available under this Program in 2007, This is a matching-grant Program with the Town forwhich the Region's share in 2007 is expected to be $22,500:, Heritage restoration grants support the Smarter Niagara objective to faster distinctive, attractive communities with a strong sense of place, and support improvements in the public realm.. Regional CIP Authority The Region has been given the authority, through regulations implementing Bill 51, to prepare a Regional Community Improvement Plan.. Regional CIP's can be adopted for three purposes only: affordable housing, infrastructure including transportation facilities, and transit-supportive development on lands adjacent to regional transit corridors. Staff view the `Regional CIP' option as a possibly significant implementation measure to be considered in conjunction with the Region's Growth Management Strategy,. A Regional CIP, once applicable goals and objectives have been identified by Council, could provide a supportive complement to the existing Smarter Niagara Incentives Program and existing local CIP's:: Proposed Implementation Details for a Pilot Public Domain Incentives Program It is proposed that the Program be implemented byway of a competitive evaluation process supported by business case justification for each proposal consistent with the Smarter Niagara Principles:, Each submission would be required to meet the specific DPD 119 --2007 CSD 153 --2007 October 10, 2007 Page 4 eligibility criteria detailed below, and would be subject to the accompanying funding guidelines., It is also proposed that requests for Regional funding will be vetted through the existing Regional Incentives Program review team., This team was established by Council and consists of staff from Regional Planning, Corpora#e Services, and NEDC.. The review team will screen prospective projects prior to submission to Regional Council for consideration for approval„ Eligibility Guidelines Successful proposals must meet the following eligibility criteria: • T'he project must be a public realm improvement already identified in, or in compliance with, municipal planning documen#s including Community Improvement Plans, Secondary Plans, or' Official Plans,. • Priority will be given to streetscape improvement projects, • Considers#ion will be given to facade improvement of municipal and institutionallnot-for-profit buildings such as museums, libraries, and theatres. • The project must be highly visible and part of, or facing, public space, and be suitable for identification by way of appropriately scaled signage,. • The project design must be in compliance with applicable Urban Design Guidelines as adopted by the local municipality., Where such guidelines have not been adopted, fihe Region's Model Urban Design Guidelines will apply., • The project must include a 'green component' constituting a suggested minimum six percent of overall project cost., • Preference will be given to projects which include heritage and/or public art components,. • Preference will be given to partnership projects involving public and private partners.. Funding Guidelines Successful projects will be subject to the following €unding guidelines: • Funds will be granted on a matching basis with the Region's share not to exceed 50% of the overall project cost., • The maximum Regional grant for any individual project will be $100,000.. • Payment of the Region's share will be made on completion of the project, subject to verification by the focal municipality. Projects must be completed within one (1) year of approval., Administrative Guidelines It is proposed that the pilot program be administered on the basis of the following guidelines: DPD 119 •~-2007 CSD 153 --2007 October 10, 2007 Page 5 • Formal application must be initiated by or made to the local municipality prior to December 30, 2007., • Each application must be accompanied by documented support from all affec#ed organizations, agencies, and partners,. • All necessary local approvals must be obtained at the local level prior to submission of the proposal to the Region,. • All projects are subject to approval by Regional Council, • On completion each project must be 'plagued' in a form appropriate to the project to recognize the participation of the partners and their respective contributions. Moving Forward The proposal for a pilot program was discussed with the Smarter Niagara Steering Committee at their meeting on September 12, 2007,. The Steering Committee made a number of constructive suggestions that are included in this report, and passed a general resolution of support as indicated in the Committee minutes, The Committee noted that investments made under the Sma-ter~ Niagara Incentives Program for public realm improvements have the effect of supporting and stimulating assessment growth within the adjacent area. These public investments are leveraged by private investment as anticipated by community improvement planning„ In other words, the municipality is creating a more favourable or improved climate for private investment Increasing levels of assessment are, over time, reflected in increasing municipal tax revenues within the improvement area„ The CIP Contact Group has established that expected private demand under the Smarter Niagara Incentives Program can be met in conjunction with a $300,000 allocation to the Public Domain Incentives Program for 2007. If the pilot is approved Staff will issue a Request for Expressions of Interest to the Area Municipalities„ Each project approved by an Area Municipality will be brought to Regional Council for consideration for approval., As indicated, it is intended that this Program be launched on a 'pilot' basis for 2007,. Staff will report on the results of the pilot in conjunction with our periodic reports on the performance of the SmarterlViagara incentives Program overall., CONCLUSION Initiation of the pilot program wil! be an appropriate `next step' in the evolution of the Smarter Niagara incentives Program, and will support the Smarter Niagara objective to foster distinctive, attractive communities with a strong sense of place. DPD 119 --2007 CSD 153 --2007 October 10, 2007 Page 6 Submitted b • - Patrick Ro son Director of Community Integration J n Be sma Commissioner of Corporate Services Approved by: ~ ~ (~~~' Mike ajar Chi Administrative Officer 'This report was prepared by Alan Gummo, MCIP, RPP, Associate Director, Comprehensive Community Planning, in collaboration with John Murphy, Manager of Policy and Devefapment, and Mark Bricked, Vice President, Smart Growkh and Partnerships, and with input from the C!P Contact Group, _ 7 ~a~ara Re~~on PLANNING AND DEVELOPMENT' November 14, 2007 Files: D.16.UR.re D.10..M.13.8 D..13..RE.,im Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Fails, ON L.2E 6X5 Dear Mr.. lortida: The Regional Municipality of Niagara 2201 St. David's Road, P.O Box 1042 Thoroid, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-mall: plan@regional niagara.on.ca Re: Implementation of Smarter Niagara Incentive Programs Local and Regional Partnerships City of St. Catharines Western Hill Secondary Plan and Community Improvement Plan The attached report, DPD 122-2007, was received for consideration at the Planning and Public Works Committee meeting of October 31, 2007. It was approved by Regional Council on November $, 2007. As directed in the second recommendation in the report, the local municipalities are invited to par#ner with the Region in the implementation of the Smarter Niagara Incentives Program.. if you have any questions, please contact me.. Yours truly, Original Signed bi~Alan Gummo Alan Gummo, MCIP, RPP Associate Director, Comprehensive Community Planning Attachment c: Ms. Pam Gilroy, Regional Clerk Mr. Alex Herlovitch, MCIP, RPP, Director of Planning & Development, City of Niagara Falls AG/Circulation of DPD 122-2007 Building Community. Building Lives.. DPD 122 -2007 October 31, 2007 File: D1G.,UR.re Niagara'~,,~,jf Region REPORT TO: Co-Chairs and Members of the Planning Services Committee SUBJECT: Implementation of Smarter~Niagara Incentive Programs Local and Regional Partnerships City of St. Catharines Western Hil! Secondary Plan and Community Improvement Plan RECOMMENDATIONS That this Committee recommend to Regional Council: 1 „ That the Western Hill Secondary Plan and Community Improvement Plan far the City of St.. Catharines be supported, and that staff participation on a project steering committee and funding at the level up to $40,000, be approved, subject to approval of the 2008 budget far the Smarter Niagara Incentives Program , 2. That a copy of this report be sent to all the local municipalities with an invitation to partner with the Region in the implementation of the Smarter Niagara Incentives Program, PURPOSE The purpose of this report is to recommend Council approval, subject to 2008 budget approval, of a request from the City of St. Catharines to partner with the City in the Western Hill Secondary Plan and Community Improvement Plan (CIP)„ EXECUTNE SUMMARY The Smarter Niagara Incentives program provides incentives to the local municipalities for projects that are consistent with Council's Smarfer~ Niagara strategy.. Local municipalities including St„ Catharines, Thoroid, Niagara Falls, Welland, West Lincoln, Fort Erie, Grimsby, and Por# Colborne have taken advantage of opportunities available under this program, The components of the Smarter Niagara Incentives Program were approved by Regional Council in April, 2003, and February, 2004.. The Western Hill Secondary Plan and CIP proposed by the City of St„ Catharines provides another excellent opportunity far partnership as intended by the Region's program. DPD '722 -2007 October 31, 2007 Page 2 FINANCIAL IMPLICATIONS Approval of this report will involve commitment of $40,000 from the Smarter Niagara Incentives Program:, As funds are not available in the budget for 2007 it is recommended that approval be subject to approval of the 2008 budget:: REPORT Smarter Niagara: Incenfiives for Better Ways to Grow The Region has established financial incentives to encourage community renewal throughout urban Niagara.. The incentives are intended to encourage redevelopment and intensification within our existing urban areas as afinancially-viable alternative to new "Greenfield" development:. The incentives are intended to support Council's planning objectives for the Region:, Regional Council approved afive-part Smarter Niagara Incentive Program in 2002 ~ The program includes incentives for redevelopment and improvement in downtown areas.. Participation in the Region's incentive programs to encourage private initiatives in downtown redevelopment requires adoption of Community ]mprovement Plans by the area municipalities.. Local Municipal Activity A number of the local municipalities have now been involved in Community improvement Planning projects with financial contributions from the Region.. The Region's contribution to each project typically includes funding and participation of Regional Planning Staff on the project steering committees:. It is important to bear in mind that achieving the Smarter Niagara vision, including access to the incentive programs, is a partnership including the Region and the local municipalities:: >=orging strong working relationships and participating jointly in all aspects of Smarter Niagara is essential to the success of the strategy The Western Hill Secondary Plan and Community )mprovement Plan The City has requested Regional participation in a study that will include a land use assessment, review of existing industrial plants, urban design proposals for the commercial area within the study area, and evaluation of the need fora (ong-term parking facility to be used in conjunction with a future GO transit rail connection. A copy of the City's correspondence is included in the Appendix to this report:: The partners in this project will include the City and the Region. The overall cost of this project is expected to be approximately $80,000:. The City has requested a contribution from the Region in the amount of $40,000, Funds are not DPD 122 -2007 October 31, 2007 Page 3 available in the 2007 budget allocation to meet this request., Therefore it is suggested that this request be approved subject to approval of the 2008 budget., As in the case of the other municipal projects, it wouid be in order to offer staff participation on the project steering committee far the CIP, CONCLUSION This is an excellent partnership opportunity for both the City and the Region., Support for the City's request for funding is warranted., Regional Staff will be avaiiable to provide input into the project. Submitted by: Approved by: ~ ~.. Davi J„ Farley Mike Trojan Director of Planning Services Chief Administrati icer This report was prepared by Alan mo, MCIP, RPP, Associate Director, Comprehensive Community Planning.. APPENDIX Correspondence from the City of St„ Catharines Page 4 DPp 122-2407 October 31, 1707 Appendix i ~~.1_ g ~~` ~T. ~~~~~l~lErJ August 29, 2007 Regioxzal Municipality of'Niagara Planning and Development Department 2201 St.. David's Road P.,O.. Box 1042 Ihorold, ON L2V 4T'7 Attention; Alan Gummo Senior Policy Coordination Planner Dear• Alan: 4 ~ ~O ~~ ~~GFlV~°,G `~ SEA >~ 4 2007 .~'< ~l~~~~~ 12E: Proposed Western Hill Secondary Plan, By-law Amendment and Community Improvement Plan File No. 64.32.400 As we have previously discussed, the City has been looking to complete a secondary plan and related documents for the Western Hill area of~ West St.. Catharines., At Council on August 27~, 2007, Council authorized re-allocating $40,000 to this project subject to receiving funding from the Region. Following up on your request~in DPD $6-2.007, the City is requesting that the Region partner with the City to implement the principles of smarter growth and the Srnaxter• Niagara Incentive Pr•ogx~am in the Western Hill Area (see attached map).. I see this study as a continuation of'aux joint eff'oxts that began in the Mexritton-Hartzel and Queenston Stx•eet area a number of years ago. The area proposed for the study is the older area of West St.. Catharines running from the Twelve Mile Creek to the eastern boundary of'the West St.. Catharines Secondary Plan.. The area has a former small commercial ax•ea near the intersection of St. Paul Street West and Pelham Road, a mixed industrial-commercial strip along St.. Paul Street West, at least four distinct residential precincts., The area is an older ax•ea that was identified as a potential community improvement area about five years ago.. In addition, there ar•e historic and cultural resources within the area that require attention., The work in this area will complement a number of other civic initiatives and assist in the redevelopment of the downtown by providing guidance and encouragement for the upgrade of a major entranceway to the City and the potential future location of'the wine route, There is an additional area to the north that could be included based on our• discussion., Page 4 CITY HALL 50 CHURCH STREET RO. 80X 3012 ST. CATHARINES, ONTARIO L2R 7C2 TEL 905-688-5601 y ' V DPO 12 2-2007 October 31, 2007 Appendix I Page 5 -2- The project would involve a detailed land use assessment, an investigation. of'Ministry of Environment separation guidelines as they relate to existing industzy, prepazation of uzban design proposals foz• the West St.. Cathazines commercial az•ea, and an evaluation of the-need to prgvide an area for long tezzn pazking facility for a futuz•e GO tzansit tail connection to St. Cathaz7nes.. The study pz~ocess would invalve an extensive citizen consultatiozi process with existing community organizations, stakehaidez~s and the public.. The use of visualiza#ion technology will also be included in the study.. It is estimated that the project can be completed at a cost not to exceed $80,000. On be12a.1#of' Council, I am requesting tha# the Region commit up to a maximum of $40,000 ::ta the project.. If'the Region has other matters that it believes could be addressed, the +ity Ss prep~x~ed to discuss these matters.. If' you have any questions, please contact rne,. Yauz•s truly, Paul Chapman; ~~Il', l~'P Director, Plazfz~ing Services Encl., G:1kbe111z•egfozz•egfundfozweststcstudy.,doc POTENTIAL AREA TO BE ADDED PROPDSED 1PESTE'RN SILL SECONDARY PLAN uru ic~,•cvv/ uc>;oper SI, ZuU/ Annendix t Paae 6 This facsimile is provided by CNW Group. To unsubscribe, please call 416-863-2101 or 1-866-309-3811 / Cette telecopie provient de troupe CNW. Pour vous desabonner, veuillez nous joindre au 416-863-2101 ou 1-866-309-3811 Please Deliver To / SVP REMETTRE A Clerk News Release Communique Q Ontario Ministry of Ministere des Municipal Affairs Affaires municipales and Housing etdu Logement For Immediate Release October 19, 2007 ONTARIO APPROACH TO BROWNFIELD REDEVELOPMENT GETS NATIONAL AWARD Tops Policy And Program Development Category TORONTO The McGuinty government's coordinated approach to brownfield redevelopment in Ontario won a Brownie Award at the eighth annual Canadian Brownfield Conference held October 18-19 at the Palais des congres in Montreal. "This is a timely award for Ontario," said John Gerretsen, Minister of Municipal Affairs and Housing. "It recognizes our government's commitment to support both industry and municipalities in our joint effort to put more brownfields back into productive use." The inter-ministry approach to encourage brownfield redevelopment includes: • the creation of an advisory group representing all stakeholders • streamlining business processes • building awareness through training and information • the passage of new legislation and policy to address barriers to remediation • fostering trust across sectors. The Ministry of Municipal Affairs and Housing received the award in the Policy and Program Development category, and accepted it on behalf of all the Ontario ministries involved in brownfield initiatives. Minister Gerretsen was also conferred a special Brownie Award at the same event for his leadership in making brownfield redevelopment a central part of the government's planning reform agenda. Contacts: Patti Munce Minister's Office 416 585-6333 Disponible en fran~ais -30- www. mah. gov. on. ca Ontario. ca/brownfields This facsimile is provided by CNW Group. To unsubscribe, please call 416-863-2101 or 1-866-309-3811 / Cette telecopie provient de Groupe CNW. Pour vous desabonner, veuillez nous joindre au 416-863-2101 ou 1-866-309-3811 Please Deliver To / sVP REMETTRE A Clerk 4 ; News Release , Communique ~ ~ntaf 10 Ministry of Ministere des Municipal Affairs Affaires municipales and Housing etdu Logement For Immediate Release October 18, 2007 MUNICIPAL AFFAIRS AND HOUSING MINISTER RECOGNIZED FOR LEADERSHIP IN BROWNFIELD REDEVELOPMENT TORONTO -The Canadian Urban Institute (CUI) is giving John Gerretsen, Minister of Municipal Affairs and Housing, a special CUI Brownie award at its eighth annual Canadian Brownfield Conference tonight at the Palais des congres in Montreal. The special CUI Brownie recognizes Gerretsen's commitment and support of brownfield redevelopment in Ontario, making it a central component of the government's planning reform agenda. In announcing the award, the CUI also cited his leadership in working with different stakeholders and spearheading the Brownfield reform package that was part of the 2007 Ontario Budget. "I am honoured to receive this prestigious award," Gerretsen said. "It is recognition by experts on urban quality of life of the progress this government has made in encouraging Brownfield redevelopment in partnership with industry and Ontario's municipalities." In addition to the award for the minister, the Ministry of Municipal Affairs and Housing has been nominated for a Brownie Award in the Policy and Program Development category. The Canadian Urban Institute Brownie Awards recognizes leadership, innovation and environmental sustainability in Brownfield redevelopment across Canada. -30- Contacts: Patti Munce Minister's Office 416 585-6333 Disponrble en fran~ars www. mah. gov. on. ca Niagara Office of the Regional Clerk t€~s:F~;-~~' ' ~Q~ ~`~ 2201 St. David's Road, P.O. Box 1042, Thorold ON Te1:905-685-1571 Toll-free:1-800-263-7215 Fax: 905-687-4977 pam.gilroy@regional.niagara.on.ca vvww.regional.niagara.on.ca October 19, 2007 Mr. Dean lorfida, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: CL 14-2007, October 18, 2007 P & PW 14-2007, October 10, 2007 Report PWA 149-2007 Agreement for Road Works Interamerica Leasing Inc. Clearance of Condition of Site Plan Approval Regional Road 98 (Montrose Road) City of Niagara Falls L2V 4T7 The Council of the Regional Municipality of Niagara, at its meeting of October 18, 2007, approved the following recommendation of its Planning & Public Works Committee: "That Report PWA 149-2007, October 10, 2007, respecting Agreement for Road Works, Interamerica Leasing lnc., Clearance of Condition of Site Plan Approval, Regional Road 98 (Montrose Road), City of Niagara Falls, be received; That the Region enters into an Agreement with Interamerica Leasing Inc. with respect to road requirements for a proposed new auto service centre and car dealership for Hamburg Honda to be constructed in the southeast quadrant of Regional Road 98 (Montrose Road) and McLeod Road (MTO jurisdiction); That the Agreement outline responsibilities and secure financial commitments to cover 100% of costs associated with the construction of the required road improvements at this location; That the Director of Legal Services be requested to prepare the necessary Agreement; That all project costs be charged against Project ZRC0739/RC0763, Development Related Projects; That the Regional Chair and Regional Clerk be authorized to execute this Agreement; That the City of Niagara Falls be circulated a copy of this report; and Building Community. Building Lives. City of Niagara Falls October 19, 2007 Page 2 That the Commissioner of Public Works be authorized to proceed, as necessary, with the publication of a Notice of Meeting, in accordance with the provisions of the Municipal and Environmental Assessment Acts." A copy of Report PWA 149-2007 is enclosed for your information. Yours truly, Pam Gilroy Regional Clerk c: K. Brothers, Commissioner, Public Works J. Cousins, Director, Transportation Services B. Hughes, Associate Director, Transportation Engineering D. Cherrington, Manager, Engineering Planning and Development M. Roach, Manager, Public Works Financial Services PWA 149-2007 October 10, 2007 Niagara'"f Region REPORT TO: Co-Chairs and Members of the Planning and Public Works Committee SUBJECT: Agreement for Road Works Interamerica Leasing Inc. Clearance of Condition of Site Plan Approval Regional Road 98 (Montrose Road) City of Niagara Falls RECOMMENDATION(S) That this Committee recommend to Regional Council: That the Region enters into an Agreement with Interamerica Leasing Inc. with respect to road requirements for a proposed new auto service centre and car dealership for Hamburg Honda to be constructed in the southeast quadrant of Regional Road 98 (Montrose Road) and McLeod Road (MTO jurisdiction). That the Agreement outline responsibilities and secure financial commitments to cover 100% of costs associated with the construction of the required road improvements at this location; That the Director of Legal Services be requested to prepare the necessary Agreement; That all project costs be charged against Project ZRC0739/RC0763, Development Related Projects; That the Regional Chair and Regional Clerk be authorized to execute this Agreement; That the City of Niagara Falls be circulated a copy of this report; and That the Commissioner of Public Works be authorized to proceed, as necessary, with the publication of a Notice of Meeting, in accordance with the provisions of the Municipal and Environmental Assessment Acts. 1 ,.- October 10, 2007 EXECUTIVE SUMMARY The Region wishes to cooperate with the City and the developer (Interamerica Leasing Inc.) in facilitating the proposed commercial development. We are, therefore, prepared to recommend that an Agreement be entered into between the Region and the owners of this development for payment of construction costs (estimated at this time to be $346,518.00) associated with undertaking access improvements, in order to accommodate this new development. FINANCIAL IMPLICATIONS The financing for the project is to be paid 100% by the developer. The cost has been estimated at $346,518.00 and Niagara is in receipt of this amount. Actual project costs will be summarized at completion and any amount in excess will be invoiced to the developer. The project will be included under Project ZRC0739, Development Related Projects, under sub-project RC0763. The parent account was identified in the approved 2007 budget to cover road improvements related to developments such as this one. PURPOSE This report is intended to obtain Committee and Regional Council approval to enter into an Agreement with Interamerica Leasing Inc. to cover construction costs associated with undertaking the required road improvements, in order to accommodate the proposed commercial development in the southeast quadrant of Regional Road 98 (Montrose Road) and McLeod Road (MTO jurisdiction), in the City of Niagara Falls. BACKGROUND The owner of Hamburg Honda proposes to construct a new auto service centre and ear dealership on the east side of Regional Road 98 (Montrose Road), south of McLeod Road (MTO jurisdiction). During the site plan review and approval process, Regional staff has identified the Regional road design requirements. At this time, it is imperative that the owner of this development resolve our requirements with respect to providing financial securities to undertake the necessary road improvements. By executing the Agreement and providing the necessary funds, the Region will allow us to undertake the required road improvements this year and permit the issuance of Regional road use permits, as well as let us clear the related condition with the City, which subsequently will enable the issuance of a building permit. 2 PWA 149-2007 October 10, 2007 REPORT A preliminary site plan has been received for our review and approval for the relocation of Hamburg Honda to a property situated in the southeast quadrant of Regional Road 98 (Montrose Road) and McLeod Road (MTO jurisdiction). Regional staff has had numerous discussions with the developer and his traffic and engineering consultants relating to the conflicts with vehicles traversing our Regional roadway at this location. It has been Regional practice for these types of road improvements to be a condition of development approval and due to the magnitude of the work involved is best handled through a formal Agreement with the Region. This Agreement will outline the nature of the proposed works and secure the required funding for the developer's contribution of the improvements, which involves the construction of new accesses with provision of turning lanes. The developer is responsible for 100% of the costs which have been estimated at $346,518.00, inclusive of legal administration fees. This amount was received on or about July 31, 2007. Prior to future road construction., the Region may be required to undertake Public Notice procedures to comply with the Municipal and Environmental Assessment Acts. Submitted by: l~ J.'~rothers`P. Eng. issioner of Public Works DC/cm PWR.October 10.2007.cm.DC.lnteramerica Leasing Inc.doc Mike Trojan Chief Administrative Officer This report was prepared by Doug Cherrington, C.E.T., Manager, Engineering Planning and Development, with collaboration from Brian Hughes, P. Eng., Associate Director Transportation Engineering, Michael Roach, Manager, Public Works Financial Services aid r~vicv/cd by'voc Co`u'sin.°i, C.E.T, Di°ctv^/~ Trancpnrtaatinn C~nnii~ec I7/1/;c(nn. 3 i ~ r • Nia ara Re ion g - ~ s~: g November 9, 2007 Mr. Dean lorfida City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida,: Niagara Water Strategy CSO Management Action Plan Project ZSW0004 Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Te1:905-685-1571 Toll-free:1-800-263-7215 Fax: 905-685-4977 www. regional.niagara.on.ca Our Ref.: PPW 15-2007, October 31, 2007 PWA 165-2007/CSD 169-2007 C.02.0040 We are pleased to advise that Regional Council at its meeting of November 9, 2007, approved the recommendation of the Planning & Public Works Committee meeting of October 31, 2007, as follows: That Report PWA 165-2007 (CSD 169-2007), October 31, 2007, respecting the Niagara Water Strategy CSO Management Action Plan, Project ZSW0004, be received; That this Committee recommends to Regional Council approval of the allocation of $6, 476.061 for 2007 Area Municipal projects identified in Table 1 for funding under the CSO Management Action Plan; That Wastewater Reserve Fund financing in the amount of $476,061 be transferred from Project ZSW9407 Improvements to Garner Road Lagoon to Project ZSW0004 Wet Weather Control Program, to accommodate the recommended 2007 Niagara Water Strategy CSO Management Action Plan projects; That Area Municipalities be advised of the results of Regional funding support as set out in Table 1; That Regional staff prepare and execute the respective partnership funding agreements for up to 50% funding support to Area Municipalities for qualifying projects to reflect the terms and conditions set out in the attached Appendix 3; and Building Community. Building Lives. Area Municipalities November 9, 2007 Page 2 That 2008 projects identified in Table 1 be given priority for CSO Management Action Plan funding, subject to approval of the 2008 Regional capital budget. A copy of the report is enclosed for your information. Yours truly, y~_-._~~.,._.. Pam Gilroy (~ Regional Clerk /bs Attachment c. Mr. K. Brothers, Commissioner, Public Works Ms. B. Matthews-Malone, Director, Water and Wastewater Services Mr. M. Roach, Manager, Public Works Financial Services Mr. P. Baker, Associate Director, Water & Wastewater Engineering Mr. B. Steele, Environmental Coordinator Ms. D. Anders, Project Manager CSD 169-2007 PWA 165-2007 October 31, 2007 Niagara'~~`f Region REPORT TO: Co-Chairs and Members of the Corporate Services Committee And Co-Chairs and Members of the Planning and Public Works Committee SUBJECT: Niagara Water Strategy CSO Management Action Plan Project ZSW0004 RECOMMENDATION(S) That this Committee recommends to Regional Council: Approval of the allocation of $6,476,061 for 2007 Area Municipal projects identified in Table 1 for funding under the CSO Management Action Plan; That Wastewater Reserve Fund financing in the amount of $476,061 be transferred from Project ZSW9407 Improvements to Garner Road Lagoon to Project ZSW0004 Wet Weather Control Program to accommodate the recommended 2007 Niagara Water Strategy CSO Management Action Plan projects; That Area Municipalities be advised of the results of Regional funding support as set out in Table 1; That Regional staff prepare and execute the respective partnership funding agreements for up to 50% funding support to Area Municipalities for qualifying projects to reflect the terms and conditions set out in the attached Appendix 3. That 2008 projects identified in Table 1 be given priority for CSO Management Action Plan funding, subject to approval of the 2008 Regional capital budget CSD 169-2007 PWA 165-2007. October 31, 2007 EXECUTIVE SUMMARY On April 25, 2007, Regional Council adopted PWA 76-2007 respecting the control and management of Combined Sewer Overflows and cost partnering by the Region with Area Municipalities. The policy became effective on June 1, 2007. Funding applications were subsequently received from six Area Municipalities, representing 17 CSO projects. Regional staff reviewed these applications and this report recommends the allocation of Regional funds on an up to 50/50 cost sharing basis to undertake the identified works. The approved projects will significantly contribute to the reduction in the pollution of receiving water bodies across the Niagara watershed associated with Combined Sewer Overflows. FINANCIAL IMPLICATIONS The CSO Management Action Plan recommended an annual budget allocation of $6.6M. The 2007 Wastewater capital budget was approved in advance of the adoption of the CSO Action Plan and included a $6 million approved allocation. Funding applications were received and reviewed. Discussions were also undertaken with each of the Area Municipalities to confirm the details of their proposals including timing. Funding applications requesting more than the 2007 budget allocation were received and it is recommended that funds from Project ZSW9407 be transferred to Project ZSW0004: Wet Weather Flow Control Program to accommodate the requests. The recommended 2007 projects are identified in Table 1. It also identifies the 2008 CSO Action Plan priority projects and respective budget allocations to be included in the 2008 capital budget. All projects shown in 2007 have or will commence shortly with the exception of the Guy Road storage facility in St. Catharines. This project commenced in 2006 with, at that time, a 5% contribution commitment from the Region. The project will be completed this year. (See Appendix 4 of this report for additional project information). Table 1 Recommended 2007 and 2008 CSO Management Action Plan Funding Requests (NET) Project Area Municipality. 2007. .2008 1. Valley Way and Houck Overflow Niagara Falls $0 $12,500 Monitoring and Weir Modification 2. Kalar Road Weeping Tile Disconnection Niagara Falls $0 $375,000 2 CSD 169-2007 PWA 165-2007 October 31, 2007 Project Area Municipality 2007 2008 Program 3. Arena West Source Control Pilot Program Port Colborne $0 $400,000 4. Broadway Area Extraneous Flow Welland $0 $250 000 Reduction Program , 5. NUSA Extraneous Flow Study & NOTL $0 $61 500 Remedial Action , 6. River Lane Improvements Niagara Falls $0 $0 7. Chrysler/Park, River/Valleyway HRT Niagara Falls $0 $7 500 Monitoring Program , 8. Welland/Ontario Sewage Storage Facility St. Catharines $2,575,000 $0 9. Combined Sewer Separation Structures Thorold $1,868,320 $0 10. Guy Road Park CSO Storage- Stage 3 St. Catharines $211,100 $0 11. OAW CSO Reduction Program -East Welland $12 500 $0 War Time Drainage Area , 12. OAW CSO Reduction Program -Lyons Welland $100 000 $0 Ave. Drainage Area , 13. OAW CSO Reduction Program -Ontario Welland $325 000 $0 Rd. SPS Drainage Area , 14.Bridge & Park Streets Sewer Separation Niagara Falls $0 $1,925,000 15. Lockview CSO Storage Tank St. Catharines $1,366,671 $0 16. Drummond Road (Murray to Lundy's Niagara Falls $0 $410 000 Lane) Sewer Separation , 17. Dunn & Drummond Overflow Removal Niagara Falls $17,500 $0 Total Recommended Regional Funding: $6,476,061 $3,441,500 In summary, the Region's apportionment of project costs qualifying under the 2007 CSO Management Action Plan is approximately $6.5 million, based on a gross cost of approximately $20 million. Area Municipalities will be notified about the 2007 CSO Management Action Plan budget allocation approvals, as well as those projects that have been placed on the 2008 priority list, subject to the 2008 capital budget approval. As noted above, funding in the amount of $6,000,000 was indentified in the 2007 Capital Budget for this project. The report on the tender award for Contract RN 07-22 Lockview Combined Sewer Overflow Storage Tank will initiate the $6,000,000 to provide Niagara's share of the CSO cost sharing which includes the Lockview CSO contract as well as the 2007 projects identified in Table `1. The additional allocation of $476,061 will provide the balance of funding to the Regional component of the total 2007 cost sharing. 3 CSD 169-200.7 PWA 165-2007, October 31, 2007 Funding is available in Project ZSW9407 Improvements to Garner Road Lagoon. The Garner Road Pump Station and forcemain project., the purpose of which was to direct centrate and supernatant from the biosolids storage facility to a WWTP, is under review. The project can not proceed this year as recent toxicity testing, carried out in consideration of future CCME regulatory requirements, indicates further study is required due to ammonia loadings. Any changes to the project scope and required budget allocations will be considered in future budgets. BACKGROUND The Niagara Water Strategy is a Regional initiative designed to protect, restore and manage water resources across the Niagara Watershed. This multi jurisdictional framework guides stakeholders on how best to manage human activities affecting our vulnerable and finite ground and surface water resources. The CSO Management Action Plan is a product of the Niagara Water Strategy, developed after extensive involvement of local area municipal staff, the Public Works Officials and the Water Strategy Implementation Committee. Combined sewer overflows (CSOs) are major point source contributors of contaminants to receiving water bodies from urban areas in the Niagara watershed. Due to their significant contribution to environmental contamination and major implications to public health and recreational uses, Council recognized the need to address the serious consequences of such discharges as a Regional priority. Council's approval of the 2007 CSO Management Action Plan represents the first step in a 15-year program to achieve significant CSO reduction targets in the Niagara watershed. The CSO Management Action Plan recognizes the need for a more coordinated approach to CSO Management. The approach adopts a broad CSO definition that includes all sewage discharges from sanitary sewers, whether or not they are traditional combined sewers, and promotes the implementation of "best solutions". In addition to supporting engineered solutions, the CSO Management Action Plan includes funding for a range of complementary activities such as extraneous flow reduction, pollution control study updates, permanent flow monitor installations, inspection and maintenance, public awareness programs and development of CSO control bylaws. The CSO Management Action Plan involves a 50/50 cost sharing arrangement for all CSO control undertaken by the Region and the Area Municipalities, up to an annual budget limit of $6.6 million. PWA 76-2007 presented a priority list of CSO projects across the watershed. This list was based on a methodology developed for the U.S. Environmental Protection Agency for such initiatives, updated by information from Area Municipalities and the Region's Master Servicing Plan. All Area Municipal funding applications submitted for consideration under the CSO Management Action Plan were evaluated in the context of this priority list. 4 CSD 169-2007 PWA 165-2007 October 31, 2007 REPORT Following Council's direction, in June 2007 information packages were forwarded to Area Municipalities outlining details of the CSO Management Action Plan. Information packages contained program details. Acost-sharing application and qualification criteria developed for Regional review of Area Municipal funding submissions were also included. A copy of the partnership funding application is appended to this report as Appendix 1. In order to address the most critical CSO priorities first and ensure full consideration of Area Municipal funding submissions, the following criteria were carefully considered as key factors in the application review process: • Standing or pending orders by the Ministry of the Environment for Area Municipal compliance • Confirmation of Area Municipal Council commitments to the proposed project (i.e. a Council resolution and confirmed budget allocation) • Confirmation of proposed project priority (as set out in the "CSO Study Implementation Plan", Appendix 2 and reported in PWA 76-2007) • Prior funding • Third party funding (e.g. federal/provincial) • Rationale for the priority given by Area Municipalities to a proposed project (vis-a-vis a higher priorities established for other CSO reduction projects in the same Area Municipality) as set out in the "Evaluation and Audit of Sanitary Combined Sewer Overflows (2006)". • Detailed description of the proposed project, including accredited cost estimates • Proposed implementation schedule • New information introduced by updated pollution control studies. • Project contribution to achieving Niagara Water Strategy goals and objections. In addition to the application format, screening and evaluation criteria were used to objectively assess each Area Municipal application. A description of the criteria and weighting employed in the assessment are included in Appendix 2. CSO Management Action Plan Application Submissions Funding applications were received .from six Area Municipalities, representing 17 CSO projects. Details on these submissions are provided in Appendix 4 and a brief summary is presented in Table 2 below. It should be noted that in some cases Area Municipalities are obtaining third party funding or may already have commitment of contribution from the Region. Therefore, not all requests represent a 50% cost sharing requirement of the Region. 5 CSD 169-2007 PWA 165-200 October 31, 2007 ` Table 2 Summary of Area Municipal CSO Projects Project Municipality Total Amount of Funding Requested {NET) 1. Valley Way and Houk OverFlow Niagara Falls $12,500 2. Kalar Road Weeping Tile Disconnection Program Niagara Falls $2,250,000 3. Arena West Source Control Study Port Colborne $1,000,000 4. Broadway Area I&I Reduction Program Welland $250,000 5. NUSA Extraneous Flow Study NOTL $183,500 6. River Lane Improvements Niagara Falls $65,000 7. Chrysler/Park HRT Niagara Falls $7,500 8. Welland/Ontario Sewage Storage St. Catharines $2,575,000 9. CSS Relief Structures ~ Thorold $1,868,320 10. Guy Road Storage Tank St. Catharines $211,100 11. OAW CSO Reduction -East Wartime Welland $12,500 12. OAW CSO Reduction -Lyons Ave. Welland $100,000 13.OAW CSO Reduction -Ontario Rd. Vllelland $325,000 14.Bridge & Park Streets Sewer Separation Niagara Falls $1,925,000 15. Lockview CSO Tank St. Catharines $1,366,641 16. Drummond Road-Murray to Lundy's Lane Niagara Falls $410,000 17. Dunn & Drummond Overflow Removal Niagara Falls $17,500 $12,579,561 The net cost of all qualifying projects received to date, over a seven year implementation period, is $12,579,561, representing a gross cost of approximately $35 million. The seven- yearcash flow estimate associated with these projects is presented in Table 3 below. Table 3 Total Eligible Funding Cost for Proposed CSO :Management Action Plan Projects 2007 2008 2009 2010. 2011 2012 20.13 Tofal $6,476,061 $3,441,500 $701,000 $636,000 $575,000 $375,000 $375,000 $12,579,561 6 CSD 169-2007 PWA 165-2007 October 31, 2007 Next Steps Subject to Council's approval, Public Works staff- will advise Area Municipalities of the CSO budget allocation approvals for 2007 projects and the 2008 project funding priority list, which is contingent upon 2008 capital budget approval (Table 1). Participating Area municipalities will be required to enter into cost sharing agreements with the Region. Terms and conditions of funding agreements under which funding will be offered to successful applicants will be incorporated into these agreements. A general outline of terms and conditions is provided in Appendix 3. Submitted by: hf J. Brothers; P. Eng. ssioner of Public Works ~.. John Bergsma Commissioner of Corporate Services Attach. -Appendix 1 to 4 Approved by: Mike Trojan Chief Administrativ fficer This report was prepared by Bob Steele, MA, MCIP, RPP, Environmental Coordinator with contributions by Danielle Anders, M.Sc., P. Eng., Project Manager, Peter Baker, P. Eng., Associate Director, Betty Matthews-Malone, P. Eng., Director, Water and Wastewater Services Division, Michael Roach, Manager Public Works Financial Services . 7 .~, _ r fF ~. 4~~ ~ _ Appendix 1 Niagara Water Strategy: CSO Management Action Plan Partnership Funding Application Introduction The Niagara Water Strategy (NWS) was released in 2003, the result of a 14-month multi- stakeholder consultation effort. The intent of the Strategy is to work towards a common goal of protection, restoration and management of water resources across the Niagara Watershed. The Combined Sewer Overflows (CSO) Management Action Plan was a product of the Niagara Water Strategy and developed after extensive involvement of the Water Strategy Implementation Committee and reviewed by the Public Works Officials. Combined sewer overflows are one of the highest point source contributors of contaminants to receiving water bodies from. urban areas in the Niagara Watershed. Due to their significant contribution to environmental contamination and major implications to public health and recreational uses, Regional Council recognized the need to address the serious consequences of such discharges as a priority. The approval of the CSO Management Action Program represents the first step in a 15-year program to achieve significant CSO reduction targets in the Niagara watershed. The CSO Management Action Plan recognizes the need for a more coordinated approach to CSO Management. The approach adopts a broad CSO definition that includes all sewage discharges from sanitary sewers and promotes the implementation of "best solutions." In addition to supporting engineered solutions, the CSO Management Action Plan includes funding for a range of activities such as extraneous flow reduction, pollution control study updates, permanent flow monitor installations, inspection and maintenance, public awareness programs and development of CSO control bylaws. During the development phase of the CSO Management Action Plan, the Public Works Officials (PWO) concluded that a 100% Regional funding program would place a heavy burden on the Region and would require significant changes to the ownership and responsibility for the wastewater in Niagara. Consequently, the PWO agreed that the "50-50%" sharing of the cost of all CSO control works by the Region and Area Municipalities, regardless of location, would facilitate joint stewardship and responsibility. This recommendation was adopted by Regional Council in Apri12007. Niagara Water Strategy: CSO Management Action Plan Partnership Funding Application Al=1 j ~;~ i~ ~ , Application (Expand the fields as required) Section 1: Local Municipal Applicant Project Name: Submitted by: Municipality/Agency: Department: Project Manager/Lead Contact: Section 2: Project Information 1. Please provide a description of the proposed project, including cost estimates. (Attach supporting documentation with this application form) 2. Is your project subject to standing or pending orders by the Ministry of the Environment for Area Municipal compliance? 3. Please confirm your Municipal Council's commitment to the proposed project (i.e. a Council resolution and confirmed budget allocation). Please attach the appropriate resolution or budget confirmation. 4. Do you have prior budget funding for the proposed project? Niagara Water Strategy: CSO Management Action Plan Partnership Funding Application y r~ +~ +~ jJj ^C' Al-2 i~ i~' ~ .~ .~. ~iagar~ ~ R~giQr 5. Please identify any third party funding (e.g. federaUprovincial) relevant to the proposed project. 6. Please confirm the priority of your proposed Municipal project (identified in Appendix 2 of the CSO Management Action Plan). 7. Is the proposed project your Municipality's highest priority for CSO partnering under this cost sharing program? 8. Please provide your rationale for selecting this project, particularly as it relates to the priority list set out in Attachment 2 of the CSO Management Plan. 9. Please provide a proposed implementation schedule for your proposed project. Niagara Water Strategy: CSO Management Action Plan Partnership Funding Application Al-3 ,. ,~. 10. Has any new information been introduced by updated pollution control studies or other sources to support this partnership funding application? 11. What contribution would your proposed project make toward achieving the goals and objectives of the Niagara Water Strategy? Please forward all completed electronic/hardcopy applications and inquiries to: Bob Steele Environmental Coordinator Regional 1Vlunicipality of Niagara Public Works Dept. Water & Wastewater Services Division, Environmental Centre 3501 St. David's Road PO Box 1042, Thorold, ON, L2V 4T7 Phone: 905-685-1571 ext. 3745 bob.steele cr,re~ional.nia~al-a.on.ca Niagara Water Strategy: CSO Management Action Plan Partnership Funding Application Al-4 _ _i _ ,a Niagara -> ~ ~ Region Appendix 2 Table 1: Screening Criteria & Rationale .Screening Criteria Rationale 1. Budget Approved by This demonstrates commitment by the applicant Municipality. Municipality? Funding will only be provided if there is an approved budget by the Area Municipality 2. Has the Project been completed? The Region's CSO Funding Program is intended to fund ongoing and new projects. It is not intended to retroactively fund projects or phases of projects already completed. 3. Is the project a CSO Study These are high priority CSO Projects that would receive funding (including flow monitoring) or for from the Region Extraneous Flow Reduction? Table 2: Evaluation Criteria & Rationale 'Evaluation Criteria ' Weight Rationale 1. Project Rank on CSO MAP 65% The rank is the most important criterion as it already takes the following into account: • CSO impacts • MOE orders • Basement flooding • Third party funding • Whether or not the project is ongoing 2. Is the Project EA/Feasibility in 10% Criteria 2 to 5 are intended to encourage the progress of Progress or Complete? projects by awarding points for each phase. Criterion 2 is given a higher weight than Criteria 3 and 4 to recognize that completion of the EA represents a major milestone that would allow the project to proceed. 3. Is the Project Predesign in 5% Criteria 2 to 5 are intended to encourage the progress of Progress or Complete? projects by awarding points for each phase. 4. Is the Project Detailed Design in 5% Criteria 2 to 5 are intended to encourage the progress of Progress or Complete? projects by awarding points for each phase. 5. Is Construction about to begin 10% Criteria 2 to 5 are intended to encourage the progress of or in progress? projects by awarding points for each phase. Criterion 5 is given a higher weight than Criteria 3 and 4 to recognize the importance of having the new works in operation 6. Is there a Third Party (e.g. 5% This recognizes any deadlines attributed to MOE orders MOE, Funding Agency) Project or third party funding. completion deadline? Niagara Water Strategy: CSO Management Action Plan Partnership Funding Process PWA XX-2007 October XX, 2007 .Appendix 3 Terms and Conditions of Funding Agreements The terms and conditions under which funding will be offered to the successful applications include the following: • Amount of Funding -The Region's 50% funding shall be net of any third party funding approved for the project. Payment of the 50% funding to the Area Municipality shall be based on actual expenditures incurred up to the maximum amount approved by Regional Council based on the budget submitted with the application • Regional Representation - A Regional staff member will participate on the project team. Responsibilities may range from being a participant on the project team to undertaking overall project management. This would be decided on aproject-specific basis with the respective Area Municipal staff. • Expiry of Funding -Funding of a project by the Region will expire if the project does not begin within one (1) year of the date of funding approval by Regional Council. Also, if an Area Municipality decides not to proceed with a project, the Region may immediately revoke funding. The Region may also withdraw funding for future phases if a project ~ ,... does not proceed on a continuous basis toward completion. ~ ~~~:: • Eligible Costs -.Funding will not be available for projects or phases of projects that have previously been completed. The funding provided must only be applied to direct -costs (such as third party costs incurred on the project). ... • Indemnity-The Region, or its directors, officers, employees, agents or consultants will not be held liable as a result of providing funding for any project. • Regional Recognition -The Area Municipality is to ensure that the Region is to be acknowledge in all advertising and publicity related to the project for which funding was provided; and • Ownership ofAssets -The Region's funding shall not imply any transfer of ownership from the Area Municipality of the assets involved in projects. However, the Area Municipality and the Region may agree, on a case by case basis, to have ownership rest with either the Region or the Area Municipality depending on the unique circumstances of the project. • These terms and conditions are more specifically described in the attached funding process. A letter formalizing the funding in accordance with the Region's CSO Funding Policy --- (including the funding Process will be issued to the Area Municipality for signature and used as the agreement to the terms and conditions of the funding. Funding will be provided to Area Municipalities for 50 percent of CSO-related project costs on aproject-specific basis. A3-1 Appendix 4: CSO Management Action Plan -Summary of Applications for Funding Total P roject Bud get Amount of Re Tonal Fundin g (Net) rn ~. >. o s Project Name Municipality Project Description Total Estimated Project c ~ m ~ o d° ' o y o Implementation o 0 0 ° ~ rv "' Cost ` LL ~ ` ~ ~ v c ~ Schedule N N N N N N N o- ~ aLL a~ Tl....Ho'.tXMY.~v:`~M-K~:r:N'.,xN+M}?Y.^h.~ceiR:Y.vN kMY~Y1~%354ihTn:M}i`:%iiH ~A~ ~Y ~'li.wna..iR'~~». CtiYt••1.#F.rKY.i"-.1':AiA...zMl:MS.h3.~aM ~fO.. reid~~F: miNr<40..ifi:~w5ayy pY..u n.Y.^M? •iIY~:N ~#'.J~.:*',A 44FVl.C.tcAhln• 'C'Ca~1.3Ye~t/,i~bYGSY hi!.n:~"sY+^v"'Y!T'k%Y.!MH^..r."vW...' _ni+Y....?"•i„d:k'txvd.M++ '.....>.tx .h-~~~.t'is w~.' :r1`.!{uel:Ih elVtvK~.:5.J 5Yi„R»`„ Yitli5rik5f COnslNCfien COStS = The tank is being built in the City owned Guy Rd Park. It $1,428,385, Engineering Costs N N will provide 1400 m3 of combined sewage, designed fora (inG. testing, approvals, etc) = N N ~ N ° 2 year return periotl storm [o alleviate CSO from entedng $133,700 ~ - ~ Constmction expected to Gu Rd CSO Store a Tank Stage 3 St. Catharines S do Garden Creek. Total 51,562,085 ~ ~ ~ ^~ ~ be finished in Fa112007. ~ °,,, °,,, °,,, This project is location within the Oxford-Ailas-Wellingtgn (OAW) drainage area. The funding is being requested to complete I&I reduction (catchbasin) redirection within the $ Scheduled for OAW Drainage Area CSO Reduction Program East War Ome area thereby reducing CSO volume and Tentler and Construction = N construction in August N East War Time Draina a Area I&I Reduction Welland area basement flooding. ;25,000 °~ °r„ °,~ °~ ~ 2007 °~ °,~ T is project is locate within the or -At as- el Ington (oAW) drainage area and is a component of the OAW sewer separation and I&1 extraneous flow reduction Detailed design program identified in the Cily of Welland. The specific Detailed Design = $26,100, o completion -Summer works for which funding is being requested consist of Tender & Construction = $ 2007, Tender & OAW Drainage Area CSO Reduction Program combined sewer separation (new storm sewer) on Lyons $173,900 °o Construction scheduled °o L ons Avenue Combined Sewer Separation Welland Avenue. Total =;200,000 °~ °.,, °,,, °~ ; for Fall 2007. °,,, °,,, ,°q °," This project is a component of the OAW sewer separation and I&I exraneous flow reduction program and will remove storm water from the Regional Niagara Lyons Creek Holding Reservoir thereby making available additional wet weather storage capacity for controlling CSO and area basement flooding. The speck works for which funding fs being requested in 2007 consists of Detailed Design = $33,428, o Detailed Design OAW Drainage Area CSO Reduction Program diverting storm water from Lyons Creek holding reservoir Tender & Construction = $ completion Summer 2007, Ontario Road Pumping Station Dminage Area to an exiting adjacent ditch Including necessary diversion $616,572 m Tender and construcion = Ill Reduction Welland works and dtch improvements. Total = 5650,000 `w °v3 ,°„ °rs vi fall 2007 ,A °~ °~ °~ SepareBOn o a number o sewers within the Bn ge St and Park St area -Niagara Falls W WiP. Stretches of road incude: Maple St. (from Vctoria to third), Third Anticipated costs include: storm (from Maple to Hamilton), First Ave. (from Maple to sewer improvements = $4.8M o o° °o Morrison) and Huron (from victoria to First). These and sanitary system o o vii ni Bridge Street and Park Street Sewer ~ sewers are part of the drainage area for the Central PS, improvements = $1:45M N N m w Se orations Nia era Falls where the new HRT facili is bein constmcted. Total =;6,250,000 ,9 ~ `~ ~ Constmction in 2006 °„~ ;a °d. construction costs = $5,120,000, Engineering costs = ~ m `vo This tank is to be built in the city owned Lockvlew Park $350,834, Contract Admin = ~ o alongside the Region's 900 mm hunk sewer. It will $29,166 ~ ~ H m ConsWdion to begin in Lockview CSO Store a Tank St. Cathadnes provide story a far 2500 m3 of combined sewa e. Total =;5,500,000 ~ ~ ~ November 2007. _ °rr. ,°e ,°g °„~ ,°„ rummond Road Sewer Separation (Murray eparation of sewers on Drummond Road from Murray 820,000 for design and ° roject to commence in 0 0 0 St. to Lund 's lane Nia era Falls Street to Lund 's Lane -Nia era Falls W WTP construction for this section °vr °en ~ 2008 °vr $ °u, °.,s °w °v, °,n The removal of an overflow which currently overflows 0 '~° ~ Dunn and Drummond Overtlow Removal Niagara Falls from the existing storm system into the sanitary sewer. Total=;35,000 w w ~. ~ Implementation in 2007. ~ ~ ~ ~ ~, i ~, Oy O, . O~ k O'. : .Oj ' Off O.. Oy O O' 'I O~ .C: O. 0: Oi O. ~` N . ! • rD r t"1: n5 r0; N:• tOl tq; denotes a project where the funding has been cashflowed T07A - , ,,, w ~,: ; ,n ,,,: wi ,,. ,,, Appendix 4: CSO Management Action Plan - Summary of Applications for Funding Total P ro ect Budget Amount of Regional Fundin g Net ~ ~ T O Project Name Municipality Project Description Total Estimated Project c .~ m v ~ m o d° o 'rn ' c~° ?~ ~ m Implementation o 0 0 ° 0 c 0 `~' 0 " 0 COSY o . d LL E y y R N ~ ~p ~ m v ~C Schedule o N 0 N 0 N N N N N 2 K C O. LL Q Q erna~.~ewaw. u~,r~,raeh::a~.:ur::'. ycwwen'gaswasr+»mv+a.~ r.~aaweavn:.+!~.~+~..4x~+rK.,rh~ r.;o~..z. ~cecrvu zsxc:+xuv:+rwtr!mmevtn?wati ~. .:.:.xnes,.w»~~.meem+ma w.-.- ...:. _.psi<s::eu.~.rwarsrrn:ra am~s.<.n+ xr rna.v ~s.~.w.u <w,tatia ,. . ~ ~. _xuw xc> xa ,.. .e?? ~~w:;.~r..~rr~V~xxs~rrt,.~ 4„+tfMaY a .fi~'HM1~ C~.:~:G,.xY.` P..•1tlKM &4R1}]Tb ~ NMY. x1 Monitoring of flow and weir raising at Valleyway antl Houck -Niagara Falls W WTP. This project includes local Flow monitodng - $5000, Weir Valleyway and Houck overflow monitodng and flow monitodng at the ovenlow to determine the extent raising $20,000 N Project antiapated to be N weir modification Nia ara Falls that the weir can be raised. Total = E25,000 °~ °,,, °r,,. °„~ ~ com leted in 2006 °~ d. °,,, °,~, °,,, °„~ °,,, Annual cost is $750,000 fora 0 o °o Implementation is planned °o °o 0 °o o° °o Weeping Tile Disconnection Program, Kolar Disconnection of weeping files in the Katar Road area - period of 6 years N over 6 years starOng in n n n ~ n n Road Area Nia are Falls Nia ara Fails W WTP to assist in 1&I reduction. Total = 54.5 M °~ °~ °~ ~ 2008. ,°A ~ `~ «, ~ ~ E 2 M over 5 years -~ hiring a consultant, PIC's, flow o Project to commence in o 0 monitoring, CCTV inspections, ~ 0 2007, however it has not °o ~ °o .$puCCa.CDnfrDi lll reduction program, concentrating on construction repairs, and °_ started bepuse they were o -a° 0 0 Source Conirol Pro ram Pon Colborne dvate site remediation. rehabilitation. °v. °vi °u, n waiin on fundin . °w ~ w ~ w °.n Detailed Design = $65,000, o Detailed Design This project will remove I&I from the sanitary sewer Tender & Construction = $ completion - Fali 2007, system via disconnection of residential foundation dreins $435,000 ,°~ Tender and Construction - Broadwa Area I&I Reduction Pro ram Welland far 155 homes. Total = 5500,000 °~ ,°n ~ Spnn 2008 ~ ,oa o,A o~. „°a Implementation is planned o for 2007-2009, however This project is intended to expedite the completion of the 2007 = $147,000, 2008 = ,r°, this work has not begun $ NUSA Extraneous Flow Study and Remedial repairs which vAll reduce the infiltration and inflow into the $110,000 and 2009 = $110,000 m as NOTL was waiting for - Action NOTL s tem. Total=5367,000 °~ °~ w fundin . °~ m .n w ~ ~ ~ ~ River Lane between Otter Street and Philip Street including Ontario Ave. outlet to Seneca Street -Niagara ~ o 0 0 Falls W WiP, removal of catch basins from combined ° °- Lanewa Improvements River Lane Nia ara Falls sewer system.(181 reduction Total=5130,000 °,,, °~ °y. °,,, ~ Conshuction in 2009 °,n °rA ~ °,,, °,,, °,~ ~ Installation of flow monitodng equipment within the High Rate Treatment (HRT) Monitodng (Park at Niagara Falls W WTP system to determine how much o Chrysler/Park at River Rd.Nalleyway at addflional Flow can be conveyed to the HRT facility being ,°n Monitors to be placed in ~ Second Ave. Nia ara Falls constructed at the Central PS. Total = 575 000 $ °~ w 2008. `~ ~ This tank is to be built at #2 Welland Avenue on a parcel Construction costs = of land owned by fhe Region. This land is an unused $6,612,000, Engineering costs = road rtghtof--way situated along fhe south side of Welland $500,000 (for tank), additional °o °o Consirvction is °o Avenue between Twelve Mile Creek and the properties costs to connect tank to sewer = c N ,°r; proceeding. Tank is on Ontario St. Sized at 7000 m3 it is designed to capture system = $750,000 N N a ~ anticipated to be complete ~ Welland/Ontaro Sewa a Stora a Facili St. Catharines wet weather related CSO fiom entedn the Creek Total=57,862,000 ;A dr ~ ~ March 30, 2008. ~ °ea °t„ °,,, °,~ o °v n Construction to start in $ ° ° ~ °'- September 2007, "- Combined Sewer Separation Relief Structures Project consists of the construction of 3 storage tanks for °o °o r m estimated completion ~ Thorold sanita collection s stem to relieve basement floodin . Total = S4 538 640 $ $ ~ °,A ea March 2008, » °,,, °,,, °,,, ,°„ o,,, Regional Municipality of Niagara CSO Management Action Plan Partnership Funding Process CSO MAP Evaluation of projects submitted for funding which are not currently on the CSO MAP priority list Ranking Crieria (As outlined in a report from DFA Infrastructure International Inc. on the Evaluation and Audit of Sanitary Combined Sewers) ,CRITERION INDICATORS SCORE RATIONALE The more a CS0(s) being The number and addressed in a project P-1 =Project with the type of CSO which Varies (Ind. CSO should be given a higher potential to reduce a CSO links to a project Scores) priority. These projects are already underway. They CSO control should be complete as measure already scheduled before other P-2 =Projects already in being underaken projects commence and progress in Niagara 100 take high priority. CSO control measure projects Funding should have which have third increased priority, as it party funding. should be utilized. In Funding found most cases there are time outside of the constraints associated P-3 =Funding Municipality. 250 with the funding. These projects have a high priority as the CSO related authority feels that the projects that are to CSO's involved in the be carried out due project are having a . P-4 =Projects with a to an order from significant impact and directive or order from an an authority such need to be dealt with authority to be remediated. as MOE. 250 immediately. There is a significant concern to the threat to human health with sewage entering Projects dealing residential and/or with areas with commercial and industrial basement flooding buildings during wet P-5 =Basement Flooding issues. 100 weather conditions. Drummond Road Sewer Separations Project Name (Murray St to Lundy's lane) Municipality City of Niagara Falls CRITERION SCORE- P-1 =Project with the potential to reduce a CSO 370 P-2 =Projects already in progress 0 P-3 =Funding 0 P-4 =Projects with a directive or order from an authority to be remediate. 0 P-5 =Basement Flooding 100 Total 470 Approx. 63 on list Project Name Dunn & Drummond Overflow Removal Municipality City of Niagara Falls CRITERION SCORE P-1 =Project with the potential to reduce a CSO 620 P-2 =Projects already in progress 100 P-3 =Funding 0 P-4 =Projects with a directive or order from an authority to be remediate. 0 P-5 =Basement Flooding 100 Total 820 Approx. 43 on MAP list Message Page 1 of 1 Dean Iorfida -Niagara's Survey & Discussion Paper From: "Robson, Patrick" <patrick.robson@regional.niagara.on.ca> To: "Neufeld, Florrie" <florrie.neufeld@regional.niagara.on.ca> Date: 10/16/2007 2:34 PM Subject: Niagara's Survey & Discussion Paper Attachments: media release Niagara 2031 survey oct 2007.doc _ _ _ _ _ _ _ __ _ Niagara 203?A_Strategy__for_a Health r~Su_stainable__Future The Region's Growth Management Strategy As part of the Region's Growth Management Strategy a telephone survey was conducted, speaking with 1200 area residents -- 100 from each of Niagara's 12 municipalities. They were asked questions aimed at helping the Region understand resident needs, perceptions and expectations with respect to community development and future growth. With the release of the survey results, Niagara Region's Planning and Development staff has prepared an accompanying discussion paper in an effort to get people thinking and talking about the future growth of Niagara. The press release, attached above, includes a link to the both the Survey and the Discussion Paper. i,,;~ Please consider tl~e environment before printing this e-mail The Regional Municipality of Niagara Confidentiality Notice The inforr~atiori -contained in this communication including any attachments maybe confidential, is inter (s) named above, and maybe legally privileged. If the reader of this message is not the intended recipien se this communication to the sender and permanently delete the original and any copy of it from your file://C:\Documents and Settings\di202\Local Settings\Temp\XPgrpwise\4714CBF6Dom... 10/16/2007 Niagara ~ f Region MEDIA RELEASE Have your say on Niagara's future NIAGARA REGION, October 4, 2007 -Your mother may have told you that it was rude; however, residents of Niagara are being encouraged to talk back - to the Region as well as to each other. The Region hopes that awide-ranging public engagement process on growth management in the Niagara community will aid in the development of a strategy for a healthy, sustainable Niagara for the next 25 years. With each phase in the development of the growth strategy, the Region is encouraging stakeholders to express themselves through various mediums including community surveys, workshops, open houses, and a-mail, among others. Leger Marketing conducted a telephone survey on behalf of the Region this past June. A total of 1200 area residents took part in the survey. 100 residents from each of Niagara's 12 municipalities were asked questions aimed at helping the Region understand resident needs, perceptions and expectations with respect to community development and future growth. Niagara 2031: A Strategy for a Healthy, Sustainab/e Future was initiated by Regional Council to examine land use and supporting infrastructure to set the stage for where and how Niagara will grow until 2031. With the release of the survey results, Niagara Region's Planning and Development staff has prepared an accompanying discussion paper in an effort to get people thinking and talking about the future growth of Niagara. The results of the survey confirm what Regional Council had previously identified as areas of concern for future growth in Niagara. The Region hopes to address the identified concerns and treat them as opportunities for improvement. According to the key findings, most people believe the urban or downtown areas are the most in need of development and the most appropriate places for amulti-unit residential building to go up, however, only 8 percent of respondents would prefer to live downtown. Similarly, the majority would not like to have apartment/condo buildings, office, townhouses or industrial facilities in their community. Patrick Robson, Director of Community Integration commented "This is not a unique attitude to Niagara, but it does pose a challenge in terms of changing the outlook of citizens to embrace principles of Smart Growth and ideas like walkable communities as we look ahead to creating healthy, sustainable communities." MR2007-PL-144 The survey spoke to a number of themes including the need for improved and enhanced transit across municipalities, dissatisfaction with employment opportunities and a demand for more youth facilities as residents envision their community growing in size and population over the next 20 years. "The Region is already demonstrating leadership and action in the areas of transit, employment, youth retention and Smart Growth," said Debbie Zimmerman, Chair of the Planning Review committee. She pointed to efforts with the Niagara GTA corridor, commitment to Niagara Specialized Transit, exploration of the viability of a municipal transit system, Smart Growth incentives for developers, the successful Job Bus program, the identification of youth retention as a Council priority and a focus on enhancing the economic viability of our agricultural sector through the work of the Regional Chair's Agricultural Task Force. She added, "Through this survey, residents have said that they share the same concerns. Now we need to start working together to address them within the parameters of regional, provincial and federal policy." Throughout the summer, the Region held a number of workshops for residents demonstrating the interactive computer planning tool "RiversideQuest" where users take on the role of municipal planner making decisions that impact on land use and other matters. It then offers information on the social, environmental and economic implications of those decisions for the community. The next phase of the growth management strategy will see the software tailored to become "NiagaraQuest". The survey and discussion paper are available online at http://www.regional.niaaara.on.ca/government/initiatives/2031/Niagara-2031 aspx for review. Residents are encouraged to contact the Region with questions and comments about the survey, the discussion paper and the growth management strategy by e-mailing Niagara2031Ca~regional.niagara.on.ca Additional information about the Niagara 2031 strategy is available using the same web link as noted above. -30- Contact: Patrick Robson Director of Community Integration Planning and Development 905-685-4225, ext. 3276 905-327-4415 cell MR2007-PL-144 c-~~-~ I ~-v-w~~~.~.~, Niagara ~ The Regional Municipality of Niagara 2201; St. David's Road, P.O. Box 1042 - Reg~~.~ " ~ ~ . r.r•°° ' _ ~.`~'-~rr~~KOfd; Ontario L2V 4T7 Telephone: 905-984-3630 PLANNING AND DEVELOPMENT Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca October 2, 2007 File: D.10.M.11.21.73 Mr. Dean lorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Fa![s, Ontario L2E 5X5 Dear Mr. lorfida: Re: Notice of Regional Council Decision to Approve New Minimum Distance Separation Formulae City of Niagara Falls Please find attached the Notice of Regional Council's decision to approve the above Official Plan Amendment. The decision of the Regional Municipality of Niagara to approve this Amendment will become final if no appeals are received before or on October 22, 2007. If you have any questions regarding the attached notice, please contact the undersigned for assistance. Yours truly, 7 n '~~ ~'~- David J. Farley Director of Planning Services SM\ Attachment -Notice of Decision Cc: Ms. P. Gilroy, Regional Clerk M:\MSWORD\SM\NIAGARA FALLS\OPA\MDS Update\OPA 73 Notice of Decision to NF Clerk.doc Building Community. Building Lives. Notice of Decision to Approve Official Plan Amendment No. 73 New Minimum Distance Separation Formulae City of Niagara Falls Purpose of Amendment Amendment No. 73 to the City of Niagara Falls Official Plan proposes to update the existing Official Plan policies as well as introduce new policies to ensure the new Minimum Distance Separation Formulae recently issued by the Ministry of Agriculture, Food, and Rural Affairs are implemented. This Amendment involves all lands within the City of Niagara Falls where livestock facilities are a permitted use and those lands within proximity of a livestock facility. Decision to Approve The Council of the Regional Municipality of Niagara, as the approval authority under The Planning Act, has made a decision to approve Amendment No. 73 to the City of Niagara Falls Official Plan. Process for Appealing a Decision Any person or public body who disagrees with the above decision may appeal all or part of that decision to the Ontario Municipal Board by filing a notice of appeal with the Regional Municipality of Niagara. If a decision is appealed, the Ontario Municipal Board will make the final decision on the Amendment. A notice of appeal must: (i) be made in writing to: Ms. P. Gilroy, Regional Clerk Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario, L2V 4T7 (ii) set out the specific part(s) of the Official Plan Amendment to which the appeal applies (iii) give the reasons for the appeal (iv) be accompanied by a fee of $125.00 in the form of a certified cheque or money order payable to the Minister of Finance (this is the fee required by the Ontario Municipal Board, and (v) be submitted by October 22, 2007 which is the last day for filing a notice of appeal. The decision of the Regional Municipality of Niagara to approve this Amendment is final if a notice of appeal is not received before or on the last day for filing a notice of appeal. Only individuals, corporations or public bodies may appeal a decision of the approval authority to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. No person or public body shall be added as a party to the hearing of the appeal unless, before this amendment was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. Additional Information Additional information on the Official Plan Amendment and Regional Council's decision is available to the public for inspection in the offices of the Planning and Development Department at 2201 St. David's Road, Thorold from 8:30 a.m. to 4:30 p.m. (Telephone: 905-984-3630 or 1-800-263-72151. Date Mailed: October 2, 2007 Last Day for Submitting a Notice of Appeal: October 22, 2007 Niagara~~`f Region ~~~~ f • MEMORANDUM DATE: October 23, 2007 TO: Area Municipal Clerks FROM: Bill Bernard Associate Director, Court Services SUBJECT: Joint Board of Management Niagara Region Courts Meeting of September 5, 2007 Attached are the minutes of the Joint Board of Management Niagara Region Courts Meeting of September 5, 2007 and background reports and information. The Council of the Regional Municipality of Niagara, at its meeting of October 18, 2007, approved the recommendation of its Corporate Services Committee to receive and approve these minutes. THE REGIONAL MUNICIPALITY OF NIAGARA • JOINT BOARD OF MANAGEMENT NIAGARA REGION COURTS REPORT 3-2007 Minutes of a meeting of the Joint Board of Management Niagara Region Courts held in the Corporate Services Boardroom, Regional Municipal Building, Thorold, Ontario, on Wednesday, September 5, 2007, commencing at 1:40 p.m. ATTENDANCE Joint Board Members: Ms. Poulin, City of St. Catharines, Chair; Mr. Beaman, City of Niagara Falls; Ms. Hanson, City of Port Colborne; Mr. Kyne, Niagara Region; 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. ADOPTION OF AGENDA • 27. Moved by Ms. Hanson Seconded by Mr. Kyne That item 7, 2008 Budget Update, be moved forward on the agenda to follow item 4, Variance Report, and that the agenda be approved as revised. Carried. 28. Report 2-2007 Moved by Mr. Beaman Seconded by Ms. Hanson That Report 2-2007, being the minutes of the Joint Board of Management Niagara Area Courts meeting of Wednesday, June 6, 2007, be approved. Carried. COLLECTION OF DELIN__QUENT FINES TO JULY 31.2007 29. Ms. Foley, Collections Co-ordinator, provided an update on delinquent • fines collection as of July 31, 2007. Ms. Foley noted that delinquent fines revenue collected for the period January 1St to July 31St, 2007 was higher than the amount collected for the same period in prior years. It was noted JBM 13 Joint Board of Management Report 3-2007 . September 5, 2007 that the increase in revenue results from the payment of three large fines and increased collection through the use of civil enforcement, as well as an increase in the number of tickets filed with the court in 2006 and 2007. The delinquent fines portfolio has also grown by 645 new active cases for a total dollar value at July 31, 2007 of $20 million. This too, is attributable to an increase in the number of tickets filed with the court. Ms. Foley provided an overview of enforcement actions through the use of demand notices, third party collection agencies and civil enforcement through Small Claims and Superior Court. In June 2007, the Ministry of the Attorney General's office released a POA Write-off Directive and Operation guideline. POA staff are currently reviewing the guidelines and undertaking an analysis of the impact of the new directive on Niagara's POA operation and will report back to the Board in this regard. As a result of this, no write-offs are being submitted for Joint Board approval at this time. Moved by Mr. Beaman Seconded by Ms. Hanson • That the report respecting Collection of Delinquent Fines, Status as of July 31 2007, be received. Carried. VARIANCE REPORT TO JULY 31, 2007 30. Mr. Bernard highlighted the Statement of Expenditures and Revenues for the month ended July 31, 2007, noting revenues are 24% over budget as a result of increases in tickets filed and civil enforcement recoveries. Increases in expenditures were also realized due to the number of tickets filed, victim fine surcharges and adjudication and other miscellaneous costs. Mr. Bernard advised that POA is on budget with respect to the distribution of revenues to area municipalities and the Region. A discussion ensued with respect to revenues and the new account in 2007 resulting from chargeback for municipal prosecutions and the feasibility of POA carrying out prosecution services for other agencies including Provincial ministries. (A summary of municipal prosecutions was requested at year-end.) JBM 14 Joint Board of Management Report 3-2007 September 5, 2007 • Moved by Mr. Kyne Moved by Mr. Beaman That this Board authorize Niagara's POA to carry out prosecution services for other public agencies requesting prosecuting services, including Provincial ministries, in a manner similar to the arrangements made with area municipalities. Carried. Moved by Mr. Beaman Seconded by Ms. Hanson That the variance report for the period ending July 31, 2007 be approved. Carried. 2008 BUDGET UPDATE 31. Provincial Offences Court Administration • 2008 Budget Highlights Mr. Bernard provided an overview of the Provincial Offences Court Administration 2008 Budget, noting a projected gross revenue of $6,084,634, which represents an increase of $377,912 (6.6%) over the approved 2007 budget. Gross expenditures were presented at $5,307,478, representing an increase of $356,559 (7.2%) over the approved 2007 budget. Charts were presented detailing POA total gross revenues and expenditures for the period 2000 to 2008. A breakdown of expenditures noted payment to the Province in the amount of $1,541,578 for the payment of victim fine surcharge; adjudication costs, Part 3 prosecutions and ICON charges. Other costs include Ministry Audit and miscellaneous items. Area municipalities will receive net revenue for 2008 of $777,157, which represents a 2.13% increase over 2007. Expenditures to the Region represent $581,304 which covers leasing costs and provision of financial, labour relations and information technology services among others. Charts were also provided detailing expenditure increases of $5,000 or more and expenditure reductions of $5,000 or more. • JBM 15 • Joint Board of Management Report 3-2007 September 5, 2007 In summary: Gross Revenue $6,084,634 (Increase of $377,912 (6.6%) over the approved 2007 budget of $5,706,722.) Gross Expenditures $5,307,478 (Increase of $356,559 (7.2%) over the approved 2007 budget of $4,950,919.) Net Revenue $777,157* (Increase of $16,228 (2.13%) over the approved 2007 budget of $760,929.) *An equal share goes to the Region. A detailed Schedule of Expenditures and Revenues for Account No. 1611 - POA Court was presented for the Board's review. Moved by Ms. Hanson Seconded by Mr. Beaman That the Provincial Offences Court Administration 2008 Budget (September 2007) and Schedule of Expenditures and Revenue for Account 1611 POA Court, as presented by Bill Bernard, Associate Director, Court Services, be approved. Carried. UPDATE ON JUDICIAL RESOURCES 32. Mr. Bernard provided an update on the recent Justice of the Peace appointments announced by the Attorney General, noting forty-four (44) new Justices of the Peace in Ontario and two (2) in Niagara. Mr. Bernard also highlighted Communication JBMC 1-2007 from Donald A. Ebbs, Associate Chief Justice and Co-ordinator of Justices of the Peace, who was very complimentary on the efforts of the area municipalities, the Municipal Court Managers' Association and Prosecutors' Association of Ontario. • JBM 16 Joint Board of Management Report 3-2007 September 5, 2007 Moved by Mr. Stirtzinger Seconded by Mr. Hanson That Report CSD 127-2007, August 8, 2007, respecting Update on Judicial Resources and Communication JBMC 1-2007 from Donald A. Ebbs, Associate Chief Justice and Coordinator of Justices of the Peace (August 10, 2007) to Mr. Barry Randell, President, Municipal Court Managers' Association of Ontario regarding Justice of the Peace Complement be received for information. Carried. POST-CHARGE DIVERSION PRACTICES 33. Mr. Bernard highlighted the letter from Jane Moffatt, President, Prosecutors' Association of Ontario regarding POA and post-charge diversion practices and the response from Sheilagh Stewart, Counsel, Criminal Law Division, Ministry of the Attorney General. Moved by Mr. Beaman Seconded by Mr. Kyne That the letters from Jane Moffatt, President, Prosecutors' Association of Ontario regarding POA and post-charge diversion practices and the response from Sheilagh Stewart, Counsel, Criminal Law Division, be received for information. Carried. ADJOURNMENT The Board adjourned at 2:35 p.m. to meet again on Wednesday, December 5, 2007 at 1:30 p.m. in Committee Room 3. Annette Poulin Chair Gail Reilly Legislative Assistant • • Bill Bernard Associate Director, Court Services (Secretary, Joint Board of Management) JBM 17 September 5, 2007 • Niagara'~~Sf Region REPORT TO: Chair and Members, Joint Board of Management, Niagara Region Courts SUBJECT: Collection of Delinquent Fines Status as of July 31, 2007 RECOMMENDATION That this report be received for information. PURPOSE This report provides an update on delinquent fines collection as of July 31st 2007. i REPORT The table below illustrates that delinquent fines revenue collected for the period of January 1, 2007 to July 31, 2007 was higher than the amount collected for the same period in prior years. Delinquent Fines Revenue $1,400, 000 $1,300,000 $1,200,000 .......... $1,100, 000 :::;;:::;::;::;; 1 000 000 $900,000 2003 2004 2005 2006 2007 Period Jan-Jul 1,131,766 $1,117,603 $1,106,711 $1,099,147 $1,315,500 Staff believe that the increase in revenue results from increased collection through the use of • civil enforcement (i.e. Writs of Seizure and Sale and Garnishments) as well as an increase in the number of tickets filed with the court in 2006 and 2007. 1 Delinquent Fines Portfolio -Active Cases The table below indicates that the delinquent fines portfolio has grown by 645 new active cases since 2006 and that the value of the active cases has increased by $1.8 million. Period Ending Total Active Cases Dollar Value 2006 27,689 $18.2 Million July 31, 2007 28,334 $20 Million Increase in Portfolio 645 $1.8 Million The increase in the size of the delinquent fines portfolio is directly related to the increase in the number of tickets filed with the court in 2006 and 2007. Enforcement Actions POA collections staff continue to pursue collection through the use of demand notices, third party collection agencies and civil enforcement through Small Claims and Superior Court. 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. Civil Enforcement Actions ', Number of Cases Dollar Ualue Certificates of Default 7129 $12 million Writs of Seizure and Sale 684 $2.5 million Garnishments 12 $18,388 Third Party Collection Agencies RecoverCorp Inc. (RCI), began 1St placement collection services in partnership with POA in January 2007. As of July 31, 2007, RCI has collected $469,887 in delinquent fines, resulting in commissions paid to RCI in the amount of $71,728. In preparation for the assignment of second placement delinquent fine accounts staff recently. met with representatives of Credit Bureau Services Canada (formerly St. Catharines Credit Bureau). Staff are satisfied that the all transition issues have been satisfactorily addressed to allow the second placement of delinquent fine accounts to occur in September, 2007. 2 Subsequent to Regional Council and the Joint Board of Management approval of report CSD 30-2007, Recovery of Collection Agency Costs, dated February 21, 2007, 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 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. In June 2007, POA staff implemented the necessary procedures to enable collection of the approved collection agency fees and have recovered $6,648 in collection agency fees. As previously advised, technological limits of the Integrated Courts of Justice Network (ICON) system prevents 100% recovery of collection agency fees as the ICON system does not currently allow for collection agency fees to be added to the case. Other POA sites across Ontario, who may receive payments for delinquent fines owed to Niagara, will be unaware of the collection agency fees and those sites will be limited to collecting the delinquent fine amount shown as owing in the ICON system. Payments made on-ine via Paytickets, as well as payments received by mail, will be subject to the same limitations. Write-off Submissions In June 2007, the Ministry of the Attorney General's office released a POA Write-off Directive • and Operation Guideline which resulted from Ministry consultation and collaboration with individual municipal partners and the Municipal Court Managers Association. POA staff are currently reviewing the guidelines and undertaking an analysis of the impact the new directive will have on Niagara's POA operation. Staff will report back to the board once the analysis is complete. Accordingly, pending completion of the analysis, no write-offs are being submitted for Joint Board approval at this time. SUMMARY This report provides a summary of collection activities and results as of July 31, 2007. Respectfully submitted by: Bill Bernard • Associate Director, Court Services This report was prepared by Jackie Foley, Collections Co-ordinator. Provincial Offences Act Statement of Expenditures and Revenues Forthe Month Ended: July 2007 ACCOUNT NUMBERS YEAR YEAR VARIANCE 2007 TO DATE 'PO DATE Favourable BUDGET BUDGET ACTUAL (Unfavourable) $ $ $ S Analysis of Expenditures and Revenue Variance REVENUE: Revenue Post Transfer Municipal Prosecutions ' ; a (. ri Delinquent Revenue Sublet Revenue TOTAL REVENUE GROSS EXPENDITURE: CONTROLLABLE , ..:W;' ,„.:q9.'.. • :. .. Salary and Benefits Building and Equipment Rental 2611+2 6 3 0+3811 Computer Supplies and Maintenance ~ z 7 Y222~~ 808+~~H6 003 2003 2,2~JY. ' .~ 2620 2646-.; 73 D 'S04 1202 1'221~.a~~i Office and Miscellaneous Prosecution ' Telephone Office Furniture and Equipment SUBTOTAL CONTROLLABLE UNCONTROLLABLE Revenue collected on behalf of other municipalities provinces i Victim Fine Surcharge ~ C..._._. ....... .. ._ ' ~ ~~ ~ Adjudica0on ~, Dedicated Fines Other Provincial Expenditures - SUB TOTAL UNCONTROLLABLE TOTAL EXPENDITURE Net Revenue to Share Distribution to Area Municipat[ties Distribution to Region NET POTENTIAL (SURPLUS)lDEFICIT AREA MUNICIPAL POTENTIAL SURPLUS REGIONAL MUNICIPAL POTENTIAL SURPLUS • (4,039,135) (2,356,158) (2,830,219) 474,061 20% over budget (due to a significant increase in tickets filed) (88) 88 New account in 2007 resulting from chargeback for municipal prosecutions (1,661,323) (969,101) (1,315,500) 346,399 35 % over budget pncrease in tickets filed & civil enforcement rewveries] (6,264) (3,654) (10,705) - 7,051 192 % over budget (small claims court-extended lease termination date) (5,706,722) (3,328,913) (4 158 511) 827 598 24% over budget (increases in tickets filed & civil enforcement recoveries) 1,405,529 807,906 798,796 9,110 within 1% ofbudget 380,574 222,000 222,056 (56) virtually on budget 15,143 8,834 7,262 1,572 17% under budget (staggered replacement dates) 602,291 379,227 343,126 36,101 9 % under budget (delays in provincial audit billing & new Part 1 ticket release) 14,820 8,645 6,500 2,145 24 % under budget (reduced need to use call-in proseators) 28,855 17,237 14,346 2,891 16% under budget (delay in billings fortelephone charges) 2,D00 1,162 1,210 (48)virtuallyonbudget _ 2,449,212 1,445,011 1,393,296 51 715 3.5% under budget 300,000 175,000 228,001 (53,001) 30% over budget (payments received on behalf of other courts) 1,000,000 583,333 733,318 (149,985) 25% over budget (related to significant Increase in tickets filed) 200,000 100,000 108,584 (8,584) 6 % over budget (reflects court openings due to judicial appointments) 63,000 36,750 14,280 22,470 61% under budget (fewer dedicated fine matters adjudicated) 172,653 83,047 120,980 (37,933} 45 % over budget (add'I ICON charges, Part 3 prosecutions & municipal fine account) 1,735,653 978,130 1,205,164 (227 034) 23 % over budget (mainly payments to other municipalities & the province) 4,184,865 2,423,141 2,598,459 (175,318) 7% over budget (mainly payments to other municipalities & the province) (1,521,857} (905,772) (1,558,052) 652,280 72% over budget 760,929 360,000 360,000 on budget 760,929 360,000 360,000 on budget - - - 652,280 - - - 326,140 - - - 326,140 • • CSD-127-2007 August 8, 2007 Nagara~~`~ eg~an REPORT TO: Co-Chairs and Members of the Corporate Services Committee SUBJECT: Update on Judicial Resources RECOMMENDATION That this Committee recommend to Regional Council: That this report be received for information; and That this report be circulated to all area municipalities for their information. EXECUTIVE SUMMARY In response to province-wide concerns by numerous stakeholders in the justice system, including the Region of Niagara and many area municipalities, the Attorney General of Ontario, in a series of recent announcements, has appointed forty-four (44) new Justices of the Peace. In Niagara, the appointment of two (2) additional Justices of the Peace coupled with the use of per diem Justices of the Peace is expected to allow easier public access to the judiciary, assist in reducing time to trial, result in fewer matters being abandoned for systemic delay and support continued public confidence in the integrity of the justice system. FINANCIAL IMPLICATIONS Over time, the enhancement of judicial staffing levels in Niagara should ensure fewer court cancellations and timelier scheduling of matters proceeding to trial. Timely scheduling of • matters to be resolved by way of trial should reduce the risk of financial loss on conviction of matters which otherwise may have been dismissed for systemic delay. CSD-127-2007 August 8, 2007 Also, in that timely resolution byway of trial should now be more readily available, it should decrease the pressure on Regional Prosecutors to offer reduced fine amounts by way of { plea negotiation. PURPOSE This report provides an update on recent Justice of the Peace appointments announced by the Attorney General. BACKGROUND For the past several years, there has been a chronic shortage of presiding Justices of the Peace and these judicial shortages have been the subject of several earlier reports to the Joint Board of Management, Niagara Region Courts and Regional Council. The province-wide shortage has resulted in reduced public access to judicial services, the cancellation of many scheduled court dates, scheduling delays for matters requiring resolution by way of a trial and the need to plea bargain fine amounts as part of a negotiated settlement rather than risk abandonment or court dismissal of the matter due to systemic delay. During the period of judicial shortages numerous council motions, petitions of concern and requests for additional judicial appointments through a "fast tracking" process were made to the Attorney General by concerned stakeholders. Stakeholders in the justice system including municipalities responsible for the operation of Provincial Offences Courts, the Association of Municipalities of Ontario, the Ontario Association of Chiefs of Police, the Municipal Law Departments Association of Ontario, the Prosecutors Association of Ontario and the Municipal Court Managers Association of Ontario joined together in voicing their support fora "fast tracking" concept for judicial appointments. In response, the Attorney General in October 2005 announced the Access to Justice Act, 2005 which was intended to amend several pieces of legislation to address Justice of the Peace reform and amendments to the Provincial Offences Act. In October 2006, the Ontario legislature passed the Access to Justice Act, 2006 which, among other things, updated the Provincial Offences Act and reformed the Justice of the Peace system. Changes included a more transparent appointment process (including minimum qualifications), the establishment of a new Justices of the Peace Appointments Advisory Committee and the ability for retired Justices of the Peace to be hired on a per diem basis to hear specific matters including POA offences. L 2 CSD-127-2007 August 8, 2007 The use of per diem Justices of the Peace was intended to provide municipalities with t greater access to judicial resources to specifically preside over POA offences and this initiative has provided some assistance in clearing up backlogs and reducing time to trial. Over two thousand applications for judicial appointment were received by the office of the Associate Chief Justice/Co-ordinator of Justices of the Peace by the end of March 2007. Following a review of the applications and scrutiny through an interview process a number of recommended applicant names were forwarded to the office of the Attorney General for final consideration and appointment. REPORT • Concerns raised by numerous stakeholders in the justice system (including the Region of Niagara and many local area municipalities) over the lack of judicial resources available to serve Provincial Offences courts has prompted the Attorney General to make a number of recent appointments to fill judicial vacancies. In a series of recent announcements, the Attorney General appointed forty-four (44) new presiding Justices of the Peace. The following table provides detail on the number of judicial appointments sorted by judicial district and appointment date. Judicial District Effective March 21, 2007 Effective May 30, 2007 Effective June 20, 2007 Effective June 27, 2007 Effective July 11, 2007 Total by Judicial District Northeast 1 0 0 0 0 1 East 0 3 2 0 1 6 Central East 1 4 5 0 2 12 Toronto 2 2 0 2 3 9 Central West 2* 2 3 1* 1 9 West 1 0 3 1 2 7 Total 7 11 13 4 9 44 *1 appointee to St Catharines bench on each date The forty-four (44) recent appointments bring the Justice of the Peace complement in Ontario to three hundred and forty five (345), which is in line with judicial staffing needs identified by the Honorable Donald Ebbs, Associate Chief Justice/Co-ordinator of Justices of the Peace. The training period for newly appointed Justices of the Peace varies depending on the appointee's background and education and it is common that a period of 6-12 months is 3 CSD-127-2007 August 8, 2007 required before a newly appointed Justice of the Peace is able to independently preside in all courts. The availability and use of per diem Justices of the Peace has led to a slight increase in the number of available court dates in Niagara in mid 2007. It can be anticipated that the recent appointments of Justice Bruce Phillips (March 21, 2007) and Justice Patricia Lavallee (June 27, 2007) to the St. Catharines bench will have a significant positive effect on the availability of scheduled court dates in 2008 and beyond. The appointment of additional judicial resources to Niagara's bench, coupled with the continued use of per diem Justices of the Peace, should allow easier public access to the judiciary, assist in reducing time to trial, result in fewer matters being abandoned for systemic delay, and will assist in efforts to restore public confidence in the integrity of the justice system. Submitted by: Approved by: ohn Ber ma Michael Trojan Commissioner of Corporate Services Chief Administi This report was prepared by Bill Bernard, Associate Director, Court Services and was reviewed by Mike Kyne, Director Legal Services. • • l 4 PR.OSECLITQR..S' A S S Q C I A T 1 O N • • June 15, 2407 Via errnaii to: sheiiagh.stewart@ontario.ca Sheilagh Stewart Ministry of the Attorney General Criminal Law Division 720 Bay Street Tcarontt~, pntario Re: POA and post charge diversion practices Dear Luis. Stuart: A# a recent board of direr#ors meeting of-the Prosecutors' Association of t'3ntario ~"iPAO"}, it was resoir~ed that we bring tv your attention a trout~ling practice occurring in some areas €~# the province. Certain prosecution caffices, ir~cludirtg Crown Attorney offices, have instituted a practice of resolving provincial offence proceedings by way of "past-charge" diversion initiatives. These are occurring, to my knowledge, with respect to both Part 1 and Part 11# POA offences in certain jurisdictions in Ontario. There are many creafiive forms of diversion programs which are Offered at the discretion of the prosecutor based upon, 1 expect, same sort of criteria. These diversion programs include: A. Defendant to pay for and attend a privately operated traffic school and upon production of proof of payment and completion, the charge is either withdrawn or reduced to a by-laver ar zero-demerit point offence; B. Defendant to make a charitable donation., commonly in the amount of the set fine anr! upon proof of payment the charge is withdrawn. In one jurisdiction to my knowledge, the defendant is directed to the • municipal ofifice to cheese from an approved list of charitable or non- profit organizationslinstitutions in the community, rrtake the donation right there at the counter and obtain a receipt to show the prosecutor. The charge is then either withdrawn or pleaded to a zero demerit point offience, and C. Defendant to attend a workshop during which graphic representations demonstrate the consequences of not wearing a seatbelt, upon completion of which the charge is withdrav~rn. The PAt3 is of the view that arty form ofi post-charge diversion program is Wert appropriate in relation to provincial offences. It is racognizeci that these programs are well-meaning and no doubt accomplish a certain amount ofi specific deterrence .among the o#fenders. However, we are oppQSed for the reasons which follow. '! . In the case ofi Highway Traffic offences, these kind of creative resolution programs specifically and intentionally divert an afFender from the regulatory regime administered by bath the Ontario Court of Justice and the Ministry ofi Transportation. Driving is a privilege which may be revoked should a driver demonstrate a certain accumulation of convictions on hider driving regard. Post-charge diversion programs • undermine the intent of the legislative regime upon which the Ministry of Transportation, the insurance industry and the {?ntario Court of Justice relies. 2. Prosecutors rely on a record of conviction in order to exercise discretion of how subsequent charges maybe handfed. As a result of diversion practices, prosecutors therefore rely on inaccurate information resulting in decisions being made which may be contrary to public interest. 3. The court relies on a record of conviction in order to assess appropriate penalties related to any subsequent similar offence, Established sentencing principles are therefore compromised. 4. Requiring a charitable donation in the amount ofi the set fiine disadvantages people of limited financial means. 'Urlhile a court. is empowered to consider financial hardship when assessing penalty, there is no such safeguard in apart-charge diversion scheme. ~. Post-charge diversion fails to sufficiently address specific end general deterrence. A specifiic offender is attracted to pest-charge diversion because it avoids a conviction on their driving record -which is the real deterrent, appropriately so. General deterrence is of particular • • im artance in relation to re Mato offences and this im artant ~ ~ ~ p principle is not achieved through diversion programs. 6. C?ppartunities for diversion in certain communities amount to inequalities in the administration of justice across the province. if an offence -occurs in one community, an offiender can avt~id a conviction being registered on their driving record, but if it occurs elsewhere, they cannot 7. Prosecutors and prosecuting agencies who administer grid offer past- charge diversion are open to atlegafions of bias where it is offered in same circumstances and for same offenders, but not for others. 8. Municipalities administer the prouinciai affiances courts in Ontario and many haue local side agreements uvith serviced municipalities which include sharing of net reverrue~. Qiverting fine revenue from tt~e courts may endanger compliance with local aide agreements. 9. C3iverting fine revenue from the courts to charitable organizations circumvent the victim fne surcharge regime which is relied upon by the Ministry of the Attorney General ("MAG"~ to fund important victim services programs. 10. There is a ccrrtpiete absence ©f legislative or regulatory authority far diversion programs in PQA courts and in any event, no guide-lines or directives exist to ensure safeguards and limits are in place. Prosecution of a charge raises public and corporate awareness of tyre importance of abiding by regulatt~ry regimes and accomplishes positive change to reduce the likelihood of re-offending, tac~th four the specific offender and in the community. Respect for the law is enhanced and our communities are safer. The ranee ctf issues which come before provincial offences courts in some cases lend themselves to creative resolution solutions aimed at increasing awareness, reducing the likelihood to re-offend, demonstrate remorse arrd which ultimately maybe viewed as mitigating upon sentencing, These may include cornmusnity service, dortatians, agreement to put in corporate policies andlor employee training programs and other initiatives. sentencing, of course, is decided by the judiciary in an open accessible public process. The court is charged with the r~:sp4nsibility of determining an appropriate penalty upon conviction and gill take into consideration any aggravating artd mitigating factors. Factors or agreements which are intended to mitigate sentence are therefore distinguished from programs which divert the matter completely from the court system or ©therwise significantly subvert the infant of the legislative regime. 3 • Should Ontario cflnsiderpost-charge diversion appropriate far PC)A from a policy perspecti~re, [egisla#iVe authority should be prflVid@d. [n the alternative, at a minimum, MAG c~suld consider establsf~ing and providing guidelines by way of directives upon consultation uvifh all justice partners, prosecuting aaenc[es ministries and municipalities that wflu[d be affected. !n the absence of either legistative authority or established guidelines which would eri5ure consistent applicatifln and flnfC3rCflt7lflnt flf the law across Ontarifl, the Prosecutors' Association of Ontario urges MAG t4 ban the practice +af past- charge diversion far prflvincial offences matters.. Should you have any questions or require further infam~atian, please do nrrt hesitate to cflntact us. V1t'e wfluld appreciate a response at your earliest convenience. regards, Jane MofFatt President, Prosecutors' Ass€aciafiian of Ontario cfo City of Mississauga Legal Services - .Prosecution Office 350 Burr~ham~tharpe rd. !V11est Mississauga, Ontario L5C 3B4 Jane.rnoffatt{t~regit~rt.durham.an.ca 905 668-3130 ext. -3598 cc: Laurel McCr~sham Policy Advisor, AMO Imecasham(c7arno.fln.ca Barry randell President, Municipal Court Managers Assacjatlfln flf Ontarifl Earn ndel(c~t~arc~nto.ca NaI Linscatt President, Municipal Law aepsrtments Associatic+n of Ontario htinscottCci~cityQfkingston.ca PAO Board of Directors • 4 • July ~J, 24l}7 'Via email ta. iane.znaffatt~.ere~ion.durham.ori.ca Jane Moffatt President, Prosecutors Associatzot~ of C3ntarza C~a City of l'~,~ississaug~. , T,egal Services -Prosecution. Office 950 Burnharnthorpe Rd. West Mississauga, C3nfiaria LAC 3B9~ R.e:l~ast-charge Diversion anal the I'rravincicrl C?~fences Act Dear Ms. Moffatt, Thank you for your letter on behalf of the Prosecutors Association of C}.ntaria setting foz-th concerns with reported past-charge diversion practices ins Borne areas of the province in relation tra provincial offences. You have specifically referenced. charitable donatians and privately operated traffic ar driving schools. With regard to matters prosecuted by our offices, there is a craven policy that. refers to charitable donatians. The policy provides, in part, that charitable donatians should not be used where the principles of scntcncing rcqurrc that a fine be imposed and that charitable donations should not be used as a means to avoid payment of the victim f ne surcharge. It also pravides, in surrunary, that while relati~rely small charitable donatians are generally permissible, larger charitable danatiaans require prior approval. I should note that the policy does not spe~c:if tally reference provincial offences. The protection of the ,public is always a paramount cansideratian and it should be in the public interest to discontinue any prosecution. The need to maintain the public ~conf dente in the adn~inistratian o justice, public safety, the prevalence of the offence in the carr~rnunty and the need far general deterrence are same of the factors in cansidenng the appropriateness of diversion. Charitable d©natiflns are listed as a passible measure and process • under c4~nmunity justice programs. • Your letter has prompted a review of the existing crown p©licy to ensure that prosecutors understand that it is, generally, not acceptable to use post-charge diversion, whether it be charitabledonations or attendance at a private traffic school, in the context of provi~rcial cffen~;e prosecutions. Especially witlx regard. to offences wader the h~i~hwcxy 7'ra, f,~ is .:4ct, ~'crpulsc~ry .~t~~tcamvbile Insurance pct, Liguv~ ~ieence Act, Dreg Dwn~~-L~abilaty Act and C'~iristc~~herfls LAVA ~~Sex D~ffe~der.~egistr~,~, it is difficult understand the appropriateness of a practice of having charitable donations result in the withdrawal cif charges. Given the inappropriateness of post-charge diversion for provincial offences in alm©st all cases, it would not be yeas©nable to anticipate that amendments to t1~e Prn~in~iul C1~ ff~races Act would be put foitl~ tg suppos°t pQSt-charge diversion or that guidelines would be developed.. You have set forth very compelling and well-considered reasons why post- chargediversion should be prohibited for provincial offence prt~secutions. These will assist senior management within the Criminal Law L3ivision in reviewing this matter. 1 will undertake to advise you when that areview is • completed. Yours sincerely, Sheilagh Stewart Counsel Criminal Law Division • THE FfC3NOURABE.E GOt~Ai D A. E86S ~ h,; ~-:. ~'HC~NORA~I:e aaNAi.c~ A. £a~s x~' ASSOCIAT£CHI£FJUSTiC£ ~' _ r JUGS £N CHEF AOjOiNT • C(?-ORt2lNATCtR C?F JUSTICES OF THE PEACE CgORDONNAT£UR pE5 JUG£5 D£ l3AIX ONTA RtO COURT OF JUSTICE ' ' ~~ + . LOUR ©G J USTICIW DE L ONTARif} ~~ ONE Qt1EEN STREET EAST !, RUE C2UE.EN E5T SUtTC 23QtS, P.[7. BCIX 91 PIECE 23Q0, C.P. 31 TOR.C}NTf3, ONTARIO MSC 2W5 TC}RflNTO (t)NTAitlo} MSC 2W5 EPHONElTEL~PHONE(#i6? 32?-2537 JBMC 1-2007 ~AxJT~i.ECOPiEUR {q18~ 326' ~7z;r .August lt?,?O07 _ ~~~` Mr. Bazry I2azzdell ~ ~ f x President, Murzit;ipal C'c~uz~t Managers A,St)L',1r7t1Cin ofO ntari Q . . c,'o feat of th.e President 481. University Ave, 9th f7~ior ~i`w.~. «.~.. Toronto, Uzit. Iti%l5G 2L.9 Dear Mr. Razz.dell, Rl/: Tustice of the Peace Cozxzplement lµtzz-~er to my .address to your Association's z~a.alaagers in 1~ngston, 1. considered it advisable to con~rn~z my z~ez7~zazk~ zn t~~riting, four distribution, to your znembers'cuncerz~in.g the justice of the peace coznpl.ezza.ent. • As you will know, the Court and. the 1~linistry have been eonsultizzg and working on a Coiizplement Management Plan (CMP} over the 1<3st five }rears, with. a view to az•riving at an appropriate number of justices of th.e peace tQ accornnaodate full' service to our PC~A partners. 'T'his has been a long and arduous process, hovs~ever, over the long run extremely benetic%al. ~~Jitlz the Minister's. efforts over the last on.e az~d a half years, we have received judicial salary funding far an additional 45 new pc~sitiozzs 'throughout the provznce, 1n fuztlzerance of the Mizzister's initiative, in meetings with. the .Regional Senior .tustices of the Peace, eve were able to distribute the additional resources, on a province-wi.de basis, as needs seem to dictate. l believe that our funding and complement is tao~v at the point wliez•e we can bu reasonably assured that previously closed Pt~A Courts can function on a more rel.ial~le basis. Tn additi.on, since Noven2ber 1, 24(}€i, we now' have the airai.lability #~br assignment, especially to backlogged areas, per diem juices of the peace. VJe have had great uptake on this program from .previously retired justices of tl~e peace and at the time of writing eve have had additional c;otzrts opened in Mississauga and .DurizanZ by reasozz o#' this capability. Additional "lalitz. courts" are planned for Duzham. atzd Mississauga this :call, Sut?ject to the. a~jailala.ility ofcouz't space.:. I anticipate sizxzilar:efforts.to be irz~zlalemefzted in Toronto as ~~=e11. S.i..z~ce the announcement by the Mizzister, in tlxc~ March budget, appoizitznezlts of excellent individuals have occurred. However, every municpality should know (as l'zn sure they do} that education and training hill take up to 6-8 months • before they are able to i.ndependentl~P operate, However, as each new appointee reaches this point we are able:, to shift mare experienced individuals to your I'OA Courts. In coz~junctiozl with 'our per.. diem pro~Yram, I azn of tl~o belief that eve will reach an acceptalale service Ievel within the zlext l2 zt~onths, provided that tizrzel5' appointments for retiring justices of the peace are forthcoming, at~zd we receive the rcappointzrtezzt of our remairzin~ non-presiding justices of the peace. I recanzze that peritidi.cally frustrations are .expressed by the znzznieipalitic;s that "thei.r" requireznez~ts are not being met. Iza. the assignments of newly appointecJ justices of the peace, the Cazzrt ~Iwa}=s ~ansiders office facila.ties, amongst xnaz.~y r~th~r ec~nsicicrations: ..Such assigz~t~zients do .nnot mean that such additional resaur~ces are not available th.rough.aut each judicial region, and in feet, re~ioiaal deplaynlezz.t of resources is an on-going prcice;ss, 1 hol~r~ each of your members will exercise restraint and Izave patience during .our educaticzn and training period in.rec.agzation that the situation will .improve aver the shoz~t tcrzzl and hopefully] the long. term, i.n a sustainable fashion. I:x~. the short term, it may appear that court closures «~ill continue, oz~ a diminished basis from before, but over time, v+ye expc~et this situation will became a rarity rather than the norm., Final.l.y, I ~~~isli to express zny appreciati.c~n to }-au and. yozzr predecessors for yazir ca- apcratiai~ during zTay tern:z a office as the Co-ardiz~atar of Justices of the Peace. Yczurs truly, L7~JNAL~ A. EI31~S Associate Chief Justice and Ca-ordinator of Justices of the Peace ce: Chi.ef Justice Am~eznaz•ie Fon.l:alo, Ontario Court of Justice The FlaiZaurable Michael J. Bryant, Attorney General for Ontario M:s. L?iazza Iiiznt, Strategic Planning and Information r}.~C•isg • • 3~rildir~~ ~vrt~mur~ii:}~ t~q.~iklit~,g r' iv~~~. From the September 27, 2007 Meeting of Regional Council Volume 15, Issue 13 iry _~a/ ._ 4,. ,~~.._.., ... _~ Dr. Andrea Feller, Associate Medical Officer of Health, provided a presentation on the World Record Walk (WRW) to take place on October 3, 2007. The intent of the Ontario World Record Walk 2007 is to break the existing Guinness World Record for the most people walking one kilometer simultaneously. The purpose of the "walkolution" is to create a culture of walking by Public focus and education about the benefits of walking and active transportation and encouraging community design that supports active transportation. The Workplace Wellness Committee invite s everyone to join them at the Glenridge Quarry Naturalization Site at 12:15 p.m. to begin C their walk at 12:30 p.m. World Record Walk and International Charter for Walking The Regional Chair signed an International Charter for Walking, as previously recommended by the Public Health and Social Services Committee and approved by Regional Council. The International Charter for Walking signifies a commitment to healthy and sustainable, walkable communities and aligns well with the Region's vision for the future, including TREKZONE, Niagara 2031, and Smart Growth, among others. N iagara to GTA Corridor: Opening New Economic Opportunities, June 2007 Mr. Mark Brickell, ~~ ~'' ~,, Niagara Economic ~:_ ~ ., 'art--Development " Corporation, advised ~~..~:. that the Regional Municipality of Niagara and the City of Hamilton, in partnership with NEDCO, commissioned a study to examine the direct and indirect economic impact of the proposed Niagara to Greater Toronto Area (GTA) Corridor. The report, Niagara to GTA corridor: Opening New Economic Opportunities, highlights the economic benefits of a new transportation corridor that will accrue to the regional economies in the study area and Ontario as a whole. Mr. Brickell introduced Paula Dowell, PH.D., Vice President, Economics, Freight and Finance, Wilbur Smith Associates, to provide highlights of the study. Dr. Dowell highlighted how the global economy is changing; how the Region competes in a global economy; what the role of the Niagara to GTA Corridor is and the potential economic benefits of the corridor. The study identifies the many competitive advantages within the study area that would enhance the economic prosperity of the industries and communities if the Corridor were to be completed without delay. These include: a strategic geographic location that provides access to major markets; multimodal transportation assets including an air cargo hub; marine ports and the Welland Canal; Class 1 rail corridors and international border crossings; and underdeveloped lands. Dr. Dowell advised that based on the estimates within the study, the Niagara to GTA corridor could lead to an average annual growth rate of 2.73 percent compared to 1.03 percent which is currently project for the Niagara-Hamilton region. Total potential economic benefits (to year 2030) include 130,000-177,000 full time equivalent jobs; $7 - $9 billion in additional income; and $3.4-$4.4 billion in tax revenue. Dr. Dowell commented that the corridor investment is not just about attracting population and new business. Failure to invest in additional corridor capacity will leave the region faced with the reality of lost opportunities in terms of even lower than projected growth and, in the worse case scenario, declining economic activity. Council approved the recommendations as contained in the Niagara to GTA Corridor: Opening New Economic Opportunities final report. R eview of the Economic Development and Tourism Function in Niagara A report presenting the results of the review of the Economic Development and Tourism function Niagara was presented to Regional Council. The Economic Development Officers from Niagara Falls, Fort Erie, Port Colborne, Welland, St. Catharines and NEDC have collaborated in establishing clarity on each of their respective roles and responsibilities. This will formalize the spirit of cooperation and collaboration that needs to exist if Economic Development and Tourism efforts in Niagara are to be successful. Regional Council supported the principles outlined in the report which represents the understanding between the Niagara Economic Development Corporation (NEDC) and Local Economic Development Offices. Report CAO 10-2007 2006 Municipal Performance Measurement Program (MPMP) Report A report was received presenting the 2006 results of the Municipal Performance Measurement Program in Niagara. These results are presented along with trends and relevant commentary. The MPMP results form one component of Niagara's Performance Measurement Framework. The posting of this report on the Region's website meets the public reporting requirements in the Municipal Act. Report CAO 9-2007 F ood Safety Report Regional Council received a report highlighting the activities in the Food Safety Program in Niagara for 2006 and Regional ~ Council authorized the Regional Chair to write to the Ontario ~~~1 Minister of Health and Long-term=J~ Care requesting that the Ontario Food Premises Regulation be amended to require mandatory food safety certification for all persons employed in the preparation and service of food to the public. Report PHD 54-2007 O ntarians with Disabilities ActlAccess For Ontarians with Disabilities Act Regional Council approved the Ontarians with Disabilities Act, 2007-2008 Accessibility Plan. The stated purpose of the Access for Ontarians with Disabilities Act is to benefit all Ontarians by developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities by 2025. Report COM 42-2007 ~~, _. _.. __.__ _.. Y ___- _.___ _ _ i~~~~~~ '~. k~~ ~~~ ~~}i#ct~r-=y ~t r~~tl~z.~rar~y. i3c,ilo'ir~~ Li~rc~s. From the October 18, 2007 IVleeting of Regional Council Volume 15, Issue 14 BICYCLE FRIENDLY AiNARDS . The Bicycle Friendly Awards are based on five strategies: Awareness ' Raising, Education and Skill Building, Events, Supportive Environments and Policy Development and fall into three award categories: Gold - a minimum of one activity in all five of the strategies have been implemented, Silver - a minimum of one activity in any four of the five strategies have been implemented and Bronze - a minimum of one activity in any three of the five strategies have been implemented. The 2007 Bicycle Friendly Award Recipients are in the category of: Workplaces: Ontario Power Generation (Gold); GDX Automotive (Silver); Community Living Welland Pelham (Silver); the Corporate Wellness Committee (Silver); and the City of Welland (Bronze) Business: Bikefit (Gold) and Liberty! Bicycles (Gold) Community Groups: The Sunflower Squad (Gold) Government Institutions: ,~+~ The School Health Program (Bronze) and the Town of Niagara-on-the-Lake (Bronze) PUBLIC DOMAIN INCENTIVES PROGRAM -PILOT APPROVED! Regional Council approved a Public Domain Incentive Program as a new component in the Smarter Niagara Incentives Program be implemented and tested as a pilot in 2007, subject to individual funding requests being brought back to Council for approval. REDEVELOPMENT OF DEER PARK VILLA LONG-TERM CARE HOME Regional Council approved the redevelopment of Deer Park Villa Long-Term Care Home, subject to various staff directions and the submission and approval of a subsequent report providing a full summary of relevant redevelopment details. REGIONAL COUNCIL SEEKS COOPERATION AND COLLABORATION Regional Council received a report respecting the Prevalence and Health Impacts of Overweight and Obesity in the Niagara Region, with the Regional Chair, in his capacity as Chairman of the Board of Health, broadly disseminating the report to key community stakeholders and partners in the health, education, recreation, industry, community and social services sectors and all levels of government (municipal, provincial and federal) and see their cooperation and collaboration in addressing the social and environmental factors that contribute to high incidences of overweight and obesity. NNOVATIVE TRANSIT PARTNERSHIP LAUNCHED OCTOBER 9T"~ Regional Council congratulated the cities of Welland and Port Colborne for bringing forth an innovative transit partnership between the cities which saw the first bus link between the two on October Stn N IAGARA WEEK 2007 The Regional Chair will be leading a delegation next week that will make it's way to Ottawa for the third year in a row to discuss Niagara issues with federal government Ministers and senior staff. Niagara's representatives look forward to seeing the continued success of these ventures, and the Regional Chair will certainly report back to Regional Council in the coming weeks on the visit. TRADE ~ ECONOMIC MISSION TO JAPAN AND SOUTH KOREA The Regional Chair will be taking part in a trade and economic mission to Japan and South Korea for two weeks in early November. The Regional Chair is hopeful that Niagara can stand to gain economically from the relationships and ties developed over the course of these trips. UPDATE ON THE BI-NATIONAL PLANNING AND COOPERATION EFFORTS Regional Council endorsed, in principle, the Fifteen Recommendations of the Niagara 10, addressing actions for cross border sustainability under the categories of Environmental/Development, Capacity Building/Governance, Programs/Projects and Access/Transportation. Regional Council also approved securing endorsement of the Ontario and Quebec Caucuses of the Great Lakes St. Lawrence Cities Initiative (GLSLCI) for securing senior government resource support for the production of a Canadian counterpart version of the Healthy Waters, Strong Economy: The Benefits of Restoring the Great Lakes Ecosystem report from the Brookings Metropolitan Institution. 2 008 UNITED WAY CAMPAIGN The Regional Chair and Regional Council were thanked for supporting the Niagara Region's involvement in the United Way. The 2008 goals for Niagara Region's employees is $130,000; St. Catharines is $3.1 million and for Niagara Region as a whole is over $5 million. U PCOMING EVENTS! Ontario Economic Summit - Niagara-on-the-Lake Former U.S. President Bill Clinton is scheduled to give a keynote address on November 13, 2007 on the opening night of the Ontario Economic Summit in Niagara-on-the-Lake. Celebrate Canada Luncheon -David Onley, Lieutenant-Governor Niagara Region is honoured that the Lieutenant-Governor, David Onley will be speaking at the Celebrate Canada Luncheon. Sixth Annual Canal Bank Shuffle Everyone is invited to visit the City of Thorold, October 18tH - 20th and attend the Sixth Annual Canal Bank Shuffle. ,,x ,;i, ` ` Regional Council Facilities Presentation - On September 6` , Chair Iggulden and Chief Southall attended Regional Council to introduce the facility reports and outline the process for finalizing the Niagara Regional Police Long-Term Accommodation Strategy. Special thanks were extended to Members Woodhouse and Shoalts for attending as well as to our Regional Board members - Councillors Martin, Bentley and Smeaton. OAPSB/OACP ZONE 4 Meeting - On September 11` ,the Board's Executive Director, Chief Southall and Deputy Chief Beaulieu attended the Ontario Association of Police Services Boards and the Ontario Association of Chiefs of Police joint quarterly zone meeting. Board Training Session - OAPSB Zones 4 5 & 6 On October 9` , there will be an OAPSB Board Member Governance Training Session at the Ontario Police College (OPC) in Aylmer, Ontario. The training session will commence at 9:00 a.m. and conclude at 12:00 p.m. followed by a tour of OPC facilities. The session is open to all Board members from OAPSB Zones 4, 5 and 6, and Policing Services Advisors from the Ministry will be available to answer questions from Board members. REPORTS FROM THE CHIEF OF POLICE Chief Southall reported on the following topics: Back to School Traffic Enforcement - On September 4 ,every available sworn member of the Niagara Police Service arrived at work in uniform and took part in the annual traffic enforcement initiative conducted on the first day of the school year. This initiative is intended to raise awareness of drivers to the increased number of young pedestrians and cyclists, and the decreased speed limits in the marked school zones. The officers focused on being visible, observing activities at crosswalks and intersections, ensuring driver compliance with stopped school buses displaying flashing lights, and checking child safety restraint systems. As a result of the initiative, 439 vehicles were stopped, 372 drivers were issued Provincial Offence Notices, 67 drivers received warnings for various traffic violations, and one (1) driver was arrested for a driving offence. Operational Statistics Marijuana Grow Operations -For the period January 1 through September 26, 2007: ^ Total estimated seized value of $7,034,800; • Estimated value of seized equipment $205,820. Homicides - For the period January 1 through September 26, 2007; • 2 homicides compared to 4 for the same period in 2006. Traffic Fatalities Statistics -For the period January 1 through September 26, 2007: • 24 compared to 26 for the same period in 2006. Serious Injury Collisions -For the period January 1 through September 26, 2007: ^ 23 compared to 26 for the same period in 2006. Robberies -For the period July 26 through September 26, 2007; ^ 15 with 2 cleared, 13% cleared this period. Niagara College Lockdown Incident - On September 14' , members of the Police Service were called to Niagara College's Welland Campus to investigate a report of a male armed with a handgun. The officers, in conjunction with Niagara College security personnel, initiated a lockdown of the Merritt and Simcoe buildings and a residence facility, setting up a perimeter around the buildings while a controlled evacuation was conducted. During the evacuation, the male suspect attempted to evade detection by mixing in with other students, however, officers on scene recognized the male and were able to apprehend him without incident. At the time of his arrest, the male was in possession of an unloaded weapon. Child Exploitation and Pornography Arrest - In May of 2007, Internet Child Exploitation detectives from the London Police Service Cyber Crime Unit commenced a child pornography and child exploitation investigation. The suspect, identified as a Welland resident, was engaged in ongoing contact with an investigator while on the Internet. During the course of the investigation, members of the Niagara Regional Police Service's Child Abuse Unit were providing assistance. Board Chair Larry A. Iggulden, C.A. Board Vice-Chair Doug Martin Board Members Bob Bentley Todd Shoalts Bill Smeaton Larry Tufford Mal Woodhouse ~~~ Board Staff Deb Morton Executive Director Sandi Taylor Executive Assistant Dawn Cichocki Board Clerk wt~~ For further information contact: Regional Municipality of Niagara Police Services Board 68 Church Street St. Catharines, Ontario L2R 3C6 Bus: (905) 685-0321 Fax: (905) 688-0036 Email: nrpboard a(~-rps.com Website: www.nrps.com REPORTS FROM THE CHAIR Chair Larry Iggulden reported on the following topics: On September 17`h, based on communication with the suspect, the investigators learned that a child was in need of protection. Following receipt of a search warrant, NRPS members of the Child Abuse Unit, 3 District Street Crime Unit, uniform members and members from the London Police Service, seized computer equipment and other evidence from the Welland home. The incident resulted in the arrest of a 49-year-old male for distributing child pornography and counselling a person to have sexual contact with a child under the age of 14 years. This incident was recognized at the Provincial Internet Luring and Child Pornography Conference. During opening remarks the investigation was acknowledged and complimented for the multi-jurisdictional cooperation that was demonstrated by the various police investigative units. Niagara Ice Dogs Partner with NRPS -The Niagara Regional Police Service and the Niagara Ice Dogs are partnering to address issues relevant to the community. The joint venture, dubbed "Cops and Dogs", will see members of the Ice Dogs and Niagara police officers deliver educational presentations to elementary and high schools across the Region, tackling issues like drug awareness, bullying, and safe driving. The partnership is also intended to go beyond the classroom, with commitments to joint charity events, attendance at the Niagara Children's Safety Village, and a mentoring program for Ice Dogs players who have an interest in law enforcement as a career. At the Board's suggestion, Chief Southall will investigate the inclusion of the Crime Stoppers' Program in this initiative. 2007 Canadian Police and Peace Officers' Memorial - Chief Southall and Deputy Chief Beaulieu joined other members of the NRPS in Ottawa for the annual Police and Peace Officers' Memorial on Sunday, September 30, 2007 where tribute was paid to the sacrifice of brave men and women killed in the performance of their duties. ST. CATHARINES STANDARD -NIAGARA POLICE SERVICES BOARD -NOTICE OF MEETINGS PSB Minute #200. -The Board considered correspondence from the St. Catharines Standard expressing concern with respect to the Board's Procedural By-law #147-95 relating to notification of in-camera (closed) meetings. The following resolution was passed: WHEREAS the Regional Municipality of Niagara Police Services Board has considered the issues raised with respect to the Board's Procedural By-law #147-95 as outlined in the correspondence from the St. Catharines Standard dated August 17, 2007 and September 17, 2007, including the legal advice provided to the Board on this issue; AND WHEREAS the Board considers that its current practice accords with its Procedural By-law #147-95, the Ontario Police Services Act, and the established practices of other Ontario Police Services Boards; AND WHEREAS the Board has considered the nature of policing issues as outlined in Section 35(4) of the Police Services Act dealt with at any special in-camera meetings that may be called; THEREFORE THE BOARD HEREBY RESOLVES to maintain its current procedures respecting special in-camera meetings; AND FURTHER that Mr. Rick VanSickle and Ms. Andrea Kriluck of the St. Catharines STANDARD be informed in writing of the Board's decision in this matter. FRAMEWORK FOR REVIEW OF POLICING SERVICE DELIVERY TO HALDIMAND COUNTY PSB Minute #199. - At its July 26, 2007 meeting, Regional Council passed a motion to refer a resolution passed by Haldimand County Council to the Board for consideration toward the Service's interest in a Request for Proposals for the provision of policing services to Haldimand County on a contract basis should Haldimand County Council choose not to renew the OPP contract upon its termination. Chief Southall outlined significant challenges with providing contract policing in that area including increased staffing and infrastructure costs, incompatibility of police communications equipment, geographical location in relation to the Niagara Region as well as operation and oversight issues. Upon consideration of the request, the Board respectfully declined to respond to the Request for Proposals for the provisions of policing services for Hadimand County. BROCK UNIVERSITY CAMPUS SECURITY SERVVCES PSB Minute #183. - As a requirement of an existing protocol between Brock University and the Police Services Board, the Board received Service report 221/2007. The report detailed circumstances as they relate to complaints, use of force, discipline and arrests associated to officers designated as Special Constables employed through Brock University Campus Security Services for the third period of operations. It was noted in the report that throughout the third quarter there were no reports of inappropriate conduct, no need to utilize a use of force option, no formal discipline administered and no member of the complement was arrested for an offence. REGIONAL MUNICIPALITY OF NIAGARA PSB Minute #179. -The Board received a letter from Ms. Pam Gilroy, Regional Clerk, RMON, advising of Regional Council approvals of the Corporate Services Committee recommendations. At the council meeting held September 6, 2007 the following recommendations were approved; CSC 38-2007 (July 30, 2007) respecting NRPS Purchasing - Annual Maintenance Contract - FileNet Canada Inc. (134.2007); CSC 39-2007 (July 30, 2007) respecting NRPS Variance Report to June 30, 2007 - (138.2007); CSC 40-2007 (July 30, 2007) respecting NRPS - Crisis Negotiation Console/Field Communication System (C.165.2007). REGIONAL MUNICIPALITY OF NIAGARA PSB Minute #180. The Board received a letter from Pam Gilroy, Regional Clerk, RMON, providing the Board with Regional Council's September 6, 2007 recommendation and staff direction following Chair Iggulden and Chief Southall's presentation relating to the NRPS Long- Term Accommodations Strategy: "That Correspondence Item #C6949; the Board Report respecting the Niagara Regional Police Service Long -Term Accommodations Strategy (August 23, 2007); the Niagara Regional Police Service Needs Assessment and Accommodation Plan; Cost Benefit Analysis/ Accommodations Strategies; Executive Summary and the 6 District Operations Analysis, be received for information as amended to reflect that the Niagara Region owns the property and facilities, and That the Niagara Regional Police Service provide Regional Council with the confidential portions of the reports in a confidential report." Volume 6, Issue 9 September 2007 Page #2 Staff Direction: Staff was instructed to investigate a mechanism that provides for a collaborative approach fo the implementation of the Niagara Regional Police Service Long-Term Accommodations Strategy and at the same time respecting the authority and responsibilities of the Niagara Regional Police Service and the Niagara Region. The Board received the correspondence for information and directed that Regional Council be provided with the clearly identified amended 'confidential' property portions of the long-term accommodations strategy report, pursuant to legislation. CITY OF ST. CATHARINES PSB Minute #181. -The Board received a letter from Ken Todd, Clerk and Director of Corporate Support Services, City of St. Catharines, providing the Board with City Council's August 27, 2007 motion regarding the retention of the Niagara Regional Police Service Headquarters in downtown St. Catharines. NRPS LONG-TERM ACCOMMODATION STRATEGY - PUBLIC CONSULTATION PROCESS PSB Minute #207. -The Board considered a memorandum from Deb Morton, Executive Director, outlining the process for public consultation as part of the development of the Niagara Regional Police Service long-term accommodations strategy. At its August 30, 2007 meeting, the Board accepted recommendations from the Niagara Regional Police Service with respect to the next steps for finalizing the long-term accommodation strategy. This included the public distribution of the facilities report, the introduction of reports to Regional Council and direction to arrange public stakeholder consultation sessions that would assist the Service with its development of final recommendations for Board consideration and subsequent deliberation with Regional Council. Following preliminary discussions between the Board's Executive Director and Chief Southall, it is being suggested that the consultation process be comprised of four (4) public forums to be held in the cities of St. Catharines, Niagara Falls, and Port Colborne in addition to a separate consultation session with Regional Council. Notification for the forums will be provided through public paid advertising to serve as an invitation to all members of the public, local area councils, and key stakeholders and will provide the public with an opportunity to review the consultant's findings and provide input regarding the comparative assessments of the various facilities models. Further, they will assist the Board and Service in determining the preferred undertaking and potential community effects, and to obtain feedback on specific areas of concerns or preferences. All consultation input will then be compiled and included in a summary report prepared by the Niagara Regional Police Service, which will be analyzed and considered by the Service as part of the recommendations presented to the Board. Upon consideration of the item, the Board endorsed the process for public consultation as outlined in the report. SPECIAL INVESTIGATIONS UNIT REPORT -MOTOR VEHICLE COLLISION PSB Minute #C.222. -The Board received Service report C.159/2007 providing the decision of the Special Investigations Unit as it relates to a motor vehicle accident involving a NRPS officer. On May 13, 2007 a Uniformed Patrol constable was operating a marked uniformed cruiser in the City of St. Catharines. As the officer approached the intersection of Fourth Avenue and Third Street Louth, it came into collision with a vehicle that had stopped at a stop sign and then proceeded into the intersection. At the time of the accident, the officer had two teenaged boys in the police cruiser in relation to a call for service that he was currently investigating. Neither of the teens nor the officer suffered any serious injury. However, the colliding vehicle rolled over after the collision and trapped a 64 year-old female driver inside. She was taken to St. Catharines General Hospital where her injuries were first assessed as being very minor. However, further diagnostic tests confirmed the presence of more serious internal injuries than originally diagnosed. Pursuant to the provisions of the Police Services Act of Ontario, the Special Investigative Unit (SIU) was contacted and invoked their mandate, which resulted in the commencement of an investigation. On July 11, 2007, SIU Director James L. Cornish advised Chief Southall that he had submitted his report to the Ontario Attorney General and had concluded that he had no reasonable grounds to believe that any of the officers involved in this incident committed any criminal offence. Furthermore, the investigation revealed that the officer was driving at or under the speed limit and had the right of way. The report concluded "The subject officer was confronted with a sudden roadway danger and had no realistic opportunity to avoid this collision. The officer's driving fell well within the limits prescribed by the criminal law." The S.I.U. report also indicated that Board may choose to make the subject report available to the public and it was at the discretion of the members of the Niagara Police Services Board that this option be exercised and that the report be placed on its public agenda. As mandated under the legislation of Section 11 (1) of Ontario Regulation 673/98 made under the Police Services Act, the Board received the report for its information. ONTARIO ASSOCIATION OF POLICE SERVICES BOARDS PSB Minute # 206. -The Board considered a communication from the Ontario Association of Police Services Boards regarding their upcoming two-day seminar to be held in Richmond Hill on November 1-2, 2007. The theme of the seminar is entitled Innovation, Issues and Information Critical to Police Services Board Members and will provide relevant information for Police Boards. POLICE SERVICES BOARD - 2008 BUDGET PSB Minute # 202. -The Board considered a memorandum from Deb Morton, Executive Director to the Police Services Board, providing the Board's 2008 draft budget. The documentation provided a comparison to the 2007 approved budget, along with actual expenditures (to date) and an explanation for the variation in each account. Overall, the Board's budget reflects a five percent decrease over last year's expenditures, totaling $712,619.00. The Board approved the 2008 budget for the operations of the Police Services Board. NRPS VARIANCE REPORT PSB Minute #203. -The Board received Service report #235/2007 providing the financial variance overview and year-end forecast for the Niagara Regional Police Service and Board for the eight months ended August 31, 2007. 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. In addition to the report contents, Chief Southall advised that overtime continues to be closely monitored, and that the Service will be in a good financial position for the balance of 2007. ALTERNATE FUEL INITIATIVES AND HYBRID VEHICLE REPLACEMENTS 2007 PSB Minute #203. -The Board considered Service report 236/2007 requesting approval for the purchase of an alternate fuel replacement vehicle of four (4) hybrid electric vehicles. Throughout 2007, Fleet Services has been assessing various options to the vehicle composition of its fleet in regards to alternate fuels and cost cutting measures toward fuel expenditures. As a result of vehicle Volume 6, Issue 9 September 2007 Page #3 performance initiatives and the vehicle assessments, the program has now entered the final stage of the review of Hybrid and Natural Gas powered vehicles. Deployment of prototypes is now required to provide an operational assessment. Upon consideration of the item, the Board approved the following 1. The purchase of a new Ford Escape Hybrid from Ed Learn Ford at a cost of $27,750.00 plus applicable taxes. 2. The commencement of the Tender process to secure the purchase of four (4) (max.) Hybrid Electric vehicles made up of Honda(s) and Toyota(s) models for vehicle replacements as deemed appropriate. 3. The purchase and installation of one (1) Natural Gas conversion kit to be fitted to Chevrolet Impala model vehicle at a cost of $2,400.00. 4. The purchase and installation of five (5) SFI Propane conversion kits to be fitted to five (5) Crown Victoria model .vehicles at a cost of $21,500.00. It was further noted that Chief Southall will examine the relevant Canadian and American vehicle pricing and explore cost reduction opportunities through partnerships with suppliers to negotiate the best price possible. FUNDING REQUESTS The Board has a discretionary pool of funds, which it uses for grants and donations. Disbursements from the fund must be in accordance with guidelines provided in the Police Services Act, and also with Board policy. The following organizations have written to the Police Services Board requesting consideration toward their funding request for a donation from the NRPS Special Fund. NRPS 2007 In-house United Way Campaign -PSB minute #204. The Board considered Service report 223/2007 requesting consideration towards encouraging member participation in the 2007 In-house United Way Campaign by offering time-off incentives or a cash prize or donation. Although the initiative had received prior approval by the Board from 2002-2005, in 2006, it was concluded that past approval of the requested incentives did not indicate a substantial increase in membership participation. In addition, the overtime costs incurred to replace Services members was also a factor. While the Board did not provide any time-off initiatives, it did authorize a contribution of $500.00 from the Special Fund to the NRPS BBQ as the kick-off event to the 2007 In-house United Way Campaign. Canadian Cancer Society - PSB Minute #205. -The Board considered a letter from the Welland/Pelham branch of the Canadian Cancer Society requesting a donation for a fundraising event in support of cancer research, education and information programs. It is the policy of the Board that the Special Fund be used for purposes that benefit community relations through involvement with police- related organizations that advance the goals and work of the Board and the Police Service; and that support crime prevention, community policing or other public safety issues. It was determined that the request did not meet the criteria established by the Board's policy. While the Board was not able to provide financial assistance, it did extend best wishes for success with their fundraising initiatives. Niagara Region Police Association -PSB Minute #182. -The Board considered a letter from Paul DiSimoni, President, Niagara Region Police Association, acknowledging the Board's financial support from the Special Fund toward NRPA's first Annual Chip it for Charity Gold Tournament to enable its successful goal. ANNUAL REPORTS The Adequacy Standards Regulation requires that police services boards and police services meet minimum standards for what are adequate and effective police services. This provision is a mandated responsibility of police services boards which includes the developing and adopting of approximately 80 performance standards, a vigorous training program, and an ongoing skills development plan. As a minimum, these policies require compliance with both the regulation and guidelines and in addition, provide the Board with reports in order to continually assess compliance. The reporting requirements also assist in future budget processes, business plans, and in assessing the needs of the police service on an ongoing basis. Annual report(s) received this month relate to the following subject matter and were prepared by the noted Service member(s): Inspector Ivan Madronic, Duty Office / Police Action at Labour Disputes PSB Minute #193, Service Report #205/2007 Inspector Carl Scott, Emergency Services / Preliminary Perimeter Control & Containment PSB Minute #194, Service Report #213/2007 Staff Sergeant Mark Lightfoot, #5 District / Criminal Investigation Management & Procedure PSB Minute #184, Service Report #213/2007 Staff Sergeant Jim McCaffery, CIB #2 District / Criminal Harassment PSB Minute #188, Service Report #226/2007 Acting Staff Sergeant John Curran, Casino Patrol Unit / Robbery Investigations PSB Minute #191, Service Report #227/2007 Detective Sergeant Paul Spiridi, Central Fraud Unit / Fraud & False Pretence Investigation PSB Minute #190, Service Report #224/2007 Sergeant Tim Carter, Emergency Task Unit / Public Order Unit PSB Minute #192, Service Report #216/2007 / Explosives PSB Minute #195, Service Report #212/2007 Sergeant Gord Nash, Marine/U.S.R.U Unit / Underwater Search & Recovery Unit PSB Minute #197, Service Report #210/2007 / Marine Unit PSB Minute #189, Service Report #21112007 Sergeant D. Todd McKinnon, Collision Reconstruction Unit / Traffic Management Enforcement & Road Safety Plan PSB Minute #186, Service Report #214/2007 / Speed Detection Devices PSB Minute #196, Service Report #215/2007 Detective Constable Debera Smith, Elder and Vulnerable Adult Coordinator / Emotionally Disturbed Persons PSB Minute #185, Service Report #23212007 / Elder and Vulnerable Adult Abuse PSB Minute #187, Service Report #230/2007 Volume 6, Issue 9 September 2007 Page #4 BOARD REPORT ^ The first being Tuesday, November 6 from 6:00 p.m. - 9:00 p.m., at the MacBain Community Centre, in Niagara Falls. ^ Followed by a session in St. Catharines on Wednesday, November 7 from 6:00 p.m. - 9:00 p.m. at Sir Winston Churchill Secondary School. Chief Administrative Officer -The Board undertook an extensive search, in consultation with Chief Southall and Deputy Chief Beaulieu, for a new Chief Administrative Officer (CAO) of the Niagara Regional Police Service. The recruitment was part of an internal and external process, and the Board received a number of applications from highly qualified candidates. With the assistance of the executive search firm Renaud Foster, the Board developed a short list of candidates and interviewed each of those during the month of September. The candidates as a group had excellent qualifications. Out of this group, one emerged as the top candidate, and Chair lggulden announced that the Board has selected Guillermo Fuentes as our new CAO. Mr. Fuentes is currently the Associate Director of Niagara EMS and has a unique background of strategic management in emergency response services. He will be starting on November 19 and will be formally introduced at our December 13 Board meeting. The Board looks forward to having Mr. Fuentes join us at our next Board meeting. Facilities -Public Consultation Sessions -The Board has embarked on a public consultation process to provide input into the development of a long-term accommodations strategy for the Niagara Regional Police Service. The Board is holding a series of public meetings at four locations across the Niagara Region. The first session was held on October 16 at the Roselawn Centre in Port Colborne. Chair lggulden thanked Member Woodhouse for chairing the session in his absence, and advised that Member Woodhouse would be chairing the future sessions for consistency. There are two more sessions scheduled in Niagara Falls and St. Catharines: There will also be a separate consultation session with Regional Council on November 8 from 3:00 p.m. - 6:00 p.m., in Council Chambers at the Region of Niagara. These meetings are open to the public and the Board encourages everyone to participate in this process. 2007 Community Policing Symposium -The Board has received an invitation to attend the NRPS 13'h Annual Community Policing Symposium held on Saturday, October 27 from 8:00 a.m. to 3:30 p.m. at the Double Tree Hotel, Niagara Falls. Vice Chair Doug Martin attended to present greetings on behalf of the Board. OAPSB Seminar -The Ontario Association of Police Services Boards is holding a seminar with the theme `Innovation, Issues & Information Critical to Police Services Board Members' in Richmond Hill on November 1-2, 2007, and it is open to any Board members who may be interested in attending. Members were asked to contact the Board's Executive Director for further details. Board Training Session -Chair lggulden thanked Board Member Todd Shoalts for attending a Governance Training Session on Tuesday, October 9th at the Ontario Police College in Aylmer, Ontario. The session was hosted by the Ontario Police Services Board in conjunction with Policing Services Advisors from the Ministry of Community Safety and Correctional Services. Police Services Board Meeting - Schedule Change - As a result of the three (3) public consultation sessions, the Board will be combining its November and December Board meetings to the second Thursday in December. Therefore, the regular monthly Board meetings scheduled for November 29 and December 20 are cancelled. The Board's next regular meeting will be held on Thursday, December 13 at 8:30 a.m., in the Police Services Boardroom, 110 James Street. REPORTS FROM THE CHIEF OF POLICE Operational Statistics Marijuana Grow Operations -For the period January 1 through October 24, 2007: ^ Total estimated seized value of $14, 88,800; ^ Estimated value of seized equipment $212, 320. PSB Chair Larry lggulden PSB Vice-Chair Doug Martin PSB Members Bob Bentley Todd Shoa/fs William Smeaton Larry Tufford Malcolm Woodhouse ~~~ PSB Staff Deb Morton Executive Director Sandi Taylor Executive Assistant Dawn Cichocki Board Clerk ~~~ For furfher information contact: Regional Municipality of Niagara Police Services Board 68 Church Street St. Catharines, Ontario L2R 3C6 Bus: (905) 685-0321 Fax: (905) 688-0036 Email: nrpboard@nrps.com Website: www. nrps. com REPORTS FROM THE CHAIR Chair lggulden reported on the following: Homicides -For the period January 1 through October 24, 2007; • 2 homicides compared to 4 for the same period in 2006. Traffic Fatalities Statistics -For the period January 1 through October 24, 2007: ^ 24 compared to 27 for the same period in 2006. Serious Iniury Collisions -For the period January 1 through September 26, 2007: • 23 compared to 26 for the same period in 2006. Robberies -For the period July 26 through September 26, 2007; • 15 with 2 cleared, 13% cleared this period. Detective Constable Colin Hoare - In 1975 Colin Hoare commenced his policing career with The Kent County Constabulary, in the United Kingdom, where he was the designated foot patrol officer responsible for fostering ties with the community. In 1981, he transferred to the Support Group, where he was part of a small unit providing various specialized police functions such as, tactical, VIP protection, bomb and explosive training, and surveillance. He transferred to the Special Branch in 1984, the executive arm of the Security Services, where his responsibility was intelligence gathering on terrorists and organizations deemed a threat to the public. In 1991, he immigrated to Canada with his family where he worked as a Correctional Officer before joining the Niagara Regional Police Service in 1996. Colin was assigned to 2 District Uniform Patrol prior to his current role with the Forensic Services Unit. Once assigned to the Forensic Services Unit in 2001, he quickly gained a reputation as a competent, dedicated and enthusiastic member of the unit. Colin realized the Forensic Services Unit and the Police Service would benefit from the addition of a Blood Stain Pattern Analyst. Colin was required to successfully complete a Basic Bloodstain Pattern Recognition course, a Math and Physics course, and the Advanced Bloodstain Pattern Analysis Course to become certified as a Blood Stain Pattern Analyst. Following the course work, Colin was required to work with a mentor, review the work of certified Blood Stain Analysts, and analyze bloodletting crime scenes himself, which were then peer reviewed. Colin continued to maintain a full workload within the Forensic Services Unit while still continuing his significant commitment to meet the various requirements and certification of a Bloodstain Pattern Analyst which required many hours of dedicated training extending far beyond his scheduled hours of work and well into his personal time. On September 5, 2007, Colin successfully completed an oral board examination and was certified as a Blood Stain Pattern Analyst. This is a substantial achievement as there are only 17 certified Blood Stain Pattern Analysts in Ontario. Colin will now be responsible for reconstructing bloodletting crime scenes using the bloodstains to determine the sequence of events and gather the full potential of the blood evidence at the scene. This qualification will greatly enhance Major Case investigations. In typical selfless fashion, Colin wanted it emphasized today that he could not have completed this program without the active involvement of all the members of the Forensic Services Unit. Their constant encouragement, support, and willingness to help make this achievement truly a group effort, and the awarding of this certificate is a positive reflection on the professionalism, dedication and harmony of all members of the Forensic Services Unit. Official Launch -Think and Drive Campaign - On October 16, Chief Wendy Southall and other members of the Niagara Regional Police Service participated in the official launch of the Regional Municipality of Niagara's Think and Drive Campaign. The introduction of the program took place at Saint Paul High School in Niagara Falls. Campaign partners include the Niagara Regional Police Service, the Niagara Region, the Regional Niagara Road Safety Committee, CAA Niagara and the Ministry of Transportation. The Think and Drive initiative is a 15-month road safety social marketing campaign that will target drivers and road users who live and work throughout all of the 12 area municipalities. The campaign's goals are to increase awareness about the Region's high-crash problem, to increase knowledge about road safety skills, and to change driver attitudes and behaviours, in an effort to reduce motor vehicle collisions. Emergency Response Training Exercise - On October 17, the Niagara Regional Police Service, in conjunction with the St. Lawrence Seaway Management Corporation, was successful in the planning and conducting of a large-scale training exercise in Thorold. The training exercise was based on a scenario situation that involved the notional explosion of a bomb in the Welland Canal with two suspects being seen in the area and mock injuries to St. Lawrence Seaway staff members. With the information provided, personnel from the Niagara EMS, the Thorold Fire Department, and the Niagara Regional Police Service responded to the area. Through the subsequent investigation, a suspicious package was identified and neutralized by the Service's Explosive Disposal Unit. The training exercise was very successful and all agencies involved were impressed with the excellent cooperation and opportunity to improve response readiness to an actual occurrence. Integrated Guns and Gangs Enforcement Unit - On October 18, the Niagara Regional Police Service's Morality Unit, assisted by the 1, 2 and 3 District Street Crime Units, and the Integrated Guns and Gangs Enforcement Unit, conducted an undercover investigation in relation to acts of prostitution occurring at the "Private Eyes" adult entertainment club. Due to the investigative efforts of the officers, six (6) adult entertainers were arrested and charged with communicating for the purpose of prostitution. In addition to the prostitution charges, two (2) of the accused entertainers were also charged with Possession of a Controlled Substance. Maior Marihuana Operation Terminated - On October 3, members of the 8 District Detective Services Unit, in cooperation with the Niagara Regional Police Service's Morality Unit, conducted an investigation into a marihuana growing operation at 3460 Twenty Mile Road in West Lincoln. In conducting the investigation, a Controlled Drugs and Substances Act Search Warrant was executed. Due to the information that was gleaned, a second warrant was sought for the barn and outbuildings located across the street, at 3443 Twenty Mile Road in West Lincoln. On Friday, October 5, officers were successful in obtaining a second search warrant. The warrant was executed and approximately 6,354 marihuana plants were located hanging from rope structures hung throughout the barn. Based on the seizures made, the estimated value of the marihuana was in excess of 7 million dollars. Eight (8) persons are currently before the courts facing charges in relation to this investigation. Niagara Davs -Ottawa Presentations - On October 23, Inspector Carl Scott and Chief Southall attended Niagara Days in Ottawa, meeting with the Honourable Stockwell Day, Minister of Public Safety, regarding policing the borders and waterways of Niagara. The Chief is optimistic with the outcome of the discussions and will provide more information to Minister Stockwell's office. PRESENTATION Brock University Students' Union -The Board considered a letter received from Damien O'Brien, Vice President, University Affairs, Brock University Students' Union, requesting consideration of taxicab safety and taxi tariffs for Brock University students. Mr. O'Brien was in attendance to address the Board, noting he was to attend a memorial services for a Brock University student killed on Hwy. 406 earlier this year. He requested Board consideration toward the creation of a bill of rights for taxicab passengers to ensure their safety, as well as enforcing consistency in the tariffs charged by taxicabs by posting the rates. He also requested a review of the Volume 6, Issue 10 October 2007 Page #2 ~~ number of available taxicabs for hire by Brock students. Mr. O'Brien thanked the Service for its helpfulness toward Brock students. The Board received the information and further, referred the matter to the Board's Licencing Committee for its consideration. ONTARIO ASSOCIATION OF POLICE SERVICES BOARD PSB Minute #210. -The Board received the October 2007 issue of the OAPSB Bulletin Board providing policing information relative to civilian police governance in Ontario. REGIONAL MUNICIPALITY OF NIAGARA PSB Minute #218. -The Board considered a letter from Pam Gilroy, Regional Clerk, RMON, providing confirmation of Regional Council's receipt of the Board's response to Haldimand County's request for the provision of policing services to Halidmand County, as well as Regional Council's endorsement of the collaborative process for public consultation and format for the November 8 Committee of the Whole meeting as proposed in the Board's September 25 report, "Public Consultation Process, NRPS Long-Term Accommodation Strategy." REGIONAL MUNICIPALITY OF NIAGARA PSB Minute #219. The Board considered a letter from Pam Gilroy, Regional Clerk, RMON, providing the decisions of Regional Council respecting approval of the Corporate Services Committee recommendations and confirmation of receipt of police correspondence. At its October 18 meeting, Regional Council approved the following: "That Communication CSC 42-2007 from Deb Morton, Executive Director, Regional Municipality of Niagara Police Services Board, respecting NRPS Variance Report to July 31, 2007 (PSB Minute #138) be received." And from the Closed Session: "That confidential Communication CSC 41-2007 from Deb Morton, Executive Director, Regional Municipality of Niagara Police Services Board, respecting NRPS Requisition (Bomb Robot) be received." CITY OF THOROLD - PUBLIC CONSULTATION INVITATION -POLICE FACILITIES ACCOMMODATIONS STRATEGY PSB Minute #220. -The Board received a letter from Susan Daniels, Deputy City Clerk, City of Thorold, acknowledging Thorold City Council's receipt of the Board's invitation at its October 16, 2007. NIAGARA PARKS POLICE -QUARTERLY REPORT ON SPECIAL CONSTABLES PSB Minute #211. -The Board considered report 252/2007 from Mr. John Kernahan, General Manager, Niagara Parks Commission, providing information pertaining to complaints, use of force and discipline and arrests for the period July 15` to September 30~`, 2007 as they relate to NPP officers designated as Special Constables. It was reported that throughout the NPP's third quarter of operations there were no complaints of inappropriate conduct and no reported incidents where a member used a Use of Force option. During the above-noted period four (4) discipline matters were administered to members of the Niagara Parks Police. The first matter resulted in an officer losing six hours of leave as a result of the careless use of service property, which caused damage to a police vehicle. The second incident resulted in an officer being issued a letter of reprimand after the amount of a parking ticket fine was incorrectly written on a parking infraction notice. The third incident resulted in a seasonal student being reprimanded after he wore his uniform shirt to a Halloween party and the final incident resulted in a summer student officer being requested to submit his resignation after Niagara Regional Police charged him for a driving offence while off duty. A joint total of fourteen (14) arrests were made under the Criminal Code, the Mental Health Act and the Trespass to Property Act. POLICING STANDARDS UNIT - OUARTERLY STATISTICS PSB Minute #212. -The Board received Service report 247/2007 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 173/1997, the unit is required to submit quarterly statistical reports detailing the nature of complaints received. For the period July 1 to September 30, 2007, the Service received no policy/service complaints (compared to one in 2006) and 27 officers conduct complaints (compared to 26 in 2006). NRPS VARIANCE REPORT PSB Minute #203. -The Board received Service report #250/2007 providing the financial variance overview and year-end forecast for the Niagara Regional Police Service and Board for the eight months ended September 30, 2007. 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. Chief Southall reported that she has requested Service staff to provide a high level review of the operating budget and capital levy to determine impact on year end, as well as the Marine Unit and the divers to better approach budgeting overtime in the 2008 budget. ANNUAL REPORTS The Adequacy Standards Regulation requires that police services boards and police services meet minimum standards for what are adequate and effective police services. This provision is a mandated responsibility of police services boards which includes the developing and adopting of approximately 80 performance standards, a vigorous training program, and an ongoing skills development plan. As a minimum, these policies require compliance with both the regulation and guidelines and in addition, provide the Board with reports in order to continually assess compliance. The reporting requirements also assist in future budget processes, business plans, and in assessing the needs of the police service on an ongoing basis. Annual report(s) received this month relate to the following subject matter and were prepared by the noted Service member(s): Constable Scott Elliot, Suspect Apprehension Analyst, Training Unit / Suspect Apprehension Pursuit PSB Minute #213, Service Report #241/2007 Constable Ralph Malcolm, Training Unit / Firearms Training PSB Minute #214, Service Report #239/2007 Constable Craig Rudling, Training Unit, Executive Services / Safe Storage of Police Service Firearms PSB Minute #215, Service Report #24212007 Constable Mike Ashford, Training Unit, Executive Services / Secure Holster PSB Minute #216, Service Report #24012007 Volume 6, Issue 10 October 2007 Page #3