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2011/04/18 COMMITTEE OF THE WHOLE AGENDA SIXTH MEETING Monday, April 18, 2011 5:00 p.m. City Hall, Committee Room #2A & B 1) Approval of the April 4, 2011 Committee of the Whole minutes. 2) REPORTS: STAFF CONTACT: a) CD- 2011 -05 BIA Guidelines Dean Iorfida b) MW- 2011 -08 ( HAND OUT) Downtown Revitalization Project - Phase 2 Tender Results Geoff Holman 3) NEW BUSINESS: 4) ADJOURNMENT: MINUTES OF COMMITTEE OF THE WHOLE Monday, April 4, 2011 Committee Room 2, 5:30 P.M. All members of Council were present. Councillor loannoni chaired the meeting. 1) MINUTES: a) MOVED on the motion of Councillor Maves, seconded by Mayor Diodati that the minutes of the March 21, 2011 Committee of the Whole meeting be approved. Motion: Carried Action: Recommendation submitted to Council April 4, 2011. Councillor Wing arrived. 2) REPORTS: a) R & C- 2011 -17 Sports Tourism Policy MOVED on the motion of Councillor Morocco, seconded by Councillor Gates that the report be deferred. Opposed: Mayor Diodati, Councillors Kerrio, Thomson, Pietrangelo, and Maves, Motion: Defeated MOVED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Council approve the Sport Tourism Policy effective May 1, 2011. Opposed: Councillors Gates, Morocco, Wing and loannoni Motion: Carried Action: Recommendation submitted to Council April 4, 2011. b) TS- 2011 -18 Transit Fare Increase Proposal MOVED on the motion of Councillor Wing, seconded y Councillor Morocco that the following be approved: 1) That Council endorse the proposed five year plan for Transit Fare revisions as outlined in Schedule `A'. 2) That the revisions to the Conventional Service fares come into effect July 1st 2011 and the revisions to the Falls Shuttle Fares come into effect on May 1St , 2011. -2- 3) That the Commission for the sale of Conventional fare media be increased from 2% to 3% and that the sale of Falls Shuttle fare media be decreased from 10% to 5 %, effective May 1S 2011. Motion: Carried Action: Recommendation submitted to Council April 4, 2011. 4) ADJOURNMENT: MOVED on the motion of Councillor Mayes, seconded by Councillor Morocco that the meeting be adjourned at 6:15 and Committee move into an In- Camera Session. Motion: Carried CD- 2011 -05 NiagarraJalls April 18, 2011 REPORT TO: Councillor Carolynn loannoni and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2011 -05 BIA Guidelines RECOMMENDATION That Committee direct Council to: Endorse the guidelines and that they be distributed to Boards of the City's Business Improvement Areas (BIA's); and Endorse petitioning the Province for changes to the BIA section of the Municipal Act to prevent nominees from associated companies from casting multiple votes at a BIA general meeting; and Direct the Downtown BIA to hold another general membership meeting to either endorse the results of the original general membership meeting or put forwarded a revised slate of candidates and budget; and Approve the Lundy's Lane BIA budget, as submitted; and Direct staff to work with the Fallsview BIA to implement changes to their constitution approved at their recent general membership meeting. EXECUTIVE SUMMARY Business Improvement Areas (BIA's) have autonomy to set their own rules with regard to voting and meeting procedures. Nonetheless, these issues have vexed various local BIA's and, as result, staff was directed to come up with appropriate guidelines. The guidelines are based on best practices and suggestions outlined in the Ministry of Municipal Affairs & Housing's (MMAH) BIA handbook. Recent changes to the Municipal Act allow greater flexibility regarding BIA's and the opportunity to come up with "local solutions ". The Fallsview BIA has approved changes to their constitution which will guarantee membership on the Board of the business contributing to the majority of the levy. The possibility of local solutions should be investigated further with the MMAH and may solve issues in other BIA's in the community. April 18, 2011 - 2 - CD- 2011 -05 BACKGROUND At the last meeting of 2009, Niagara Falls City Council directed staff to develop guidelines for voting, proxies and standardized budgets for the City's Business Improvement Areas (BIA). Voting issues at various local BIA's have caused contention. Also, over the years there has been inconsistency amongst the local BIA's as far as format and timeliness of their budget submissions. In December 2010, staff finalized the guidelines and circulated them to the various BIA's for input. Staff received some feedback and a number of the BIA's have already implemented suggestions contained in the document. Recently, the validity of the election of the Downtown Board of Management has been called into question based on the voting of a number of associated corporate entities. Originally, the request to Council for the approval of the members Downtown Board of Management was going to be brought forward at this meeting, however, the Board has deferred the request until after Council's consideration of this report The analysis will deal with the guidelines, in general, and the recent scenario in the Downtown and matters from the Fallsview and Lundy's Lane BIA's. ANALYSIS /RATIONALE With the beginning of the new Council term, it is timely to prepare the guidelines in anticipation of the various BIA's having their annual general meeting to establish their annual budget request and new Board of Directors for the 2010 - 2014 term. Although board appointments and budgets of BIA's have to be approved by municipal councils, BIA's do have the authority to set their own practices and procedures, usually through a BIA constitution. Nonetheless, staff has developed some guidelines in areas that have been contentious for various local BIA's. The guidelines have been developed based on requirements of the Municipal Act, the Ministry of Municipal Affairs & Housing's (MMAH) BIA handbook (the "Handbook ") and best practices suggested by City staff. It will be up to the respective BIA's whether they adopt the guidelines. As you will note, the guidelines are in sections: Financial Management, Voting at General Membership Meetings and Responsibilities as Local Boards. The document can be expanded upon in the future for other areas in which the BIA's may need guidance. The rationale behind the recommendations is contained in the attached document. Recent Downtown Election Although this writer was not present, he has heard from many that were in attendance the evening of the general membership meeting of the Downtown BIA on February 22, 2011. There was much interest shown by members of the BIA to fill the nine (9) spots on the BIA Board. The results of the election were influenced by a BIA member casting thirty -seven (37) votes. Needless to say, the individual casting the 37 votes was able to, in essence, pick the Board of his choosing. It should be noted that all of the successful candidates are hard - working, respected business people in the Downtown, some who have served on the April 18, 2011 - 3 - CD- 2011 -05 BIA for years. Obviously, the question of many BIA members has been how can one individual cast 37 votes. With this in mind, please note page 3 of the guidelines. They state the following: One Vote Owners of multiple properties within a BIA do not get multiple votes. Each member of an improvement area has one vote, as per Section 204(6) of the Municipal Act, regardless of the number of properties, in the same name, that the member may own or lease in the improvement area. For example, an owner, John Doe, may own twenty properties within a BIA. John Doe is not entitled to twenty votes if the properties are listed under the ownership of John Doe. The owner is entitled to one vote. Each of the owner's tenants is entitled to one vote. If an individual person or company owns properties in a BIA in separate and distinct names, the individual or company is entitled to one vote for each property he /it owns in separate and distinct names. Therefore, there could be one principal behind multiple numbered companies in different names. The principal could end up casting multiple votes at an Annual General membership meeting as per s. 204 (8) of the Act. What happened at the Downtown BIA general meeting was that one individual was nominated for voting purposes by 37 corporations that are members of the BIA; therefore, what occurred was technically in compliance with the Act. Individuals will often incorporate their businesses for tax and liability purposes. It is highly doubtful that individuals do this for the purpose of influencing BIA elections. An argument could be made that the individual with 37 corporate entities likely pays the majority of the levy and, therefore, should have every right to control how the levy is spent. The counter - argument is that an individual casting multiple votes, especially if they nominated themselves and are the controlling interest of the multiple corporate entities, is contrary to the spirit of the BIA legislation, which is founded on one vote, regardless of the number of properties you own, concept. As in the Downtown BIA example, it only leads to hard feelings and resentment, discourages good volunteers and may ultimately lead to apathy and frustration of the members shut out. Other legislation, such as the Municipal Elections Act, makes a distinction between associated corporations, as per the Income Tax Act, preventing them from being considered separate entities. The Province may want to consider such provisions in any future review of BIA legislation. Subsequent to the controversy, two (2) of the nine members elected for the Downtown BIA have resigned. The Board has not formally submitted that the remaining slate of candidates for Council's approval. Nonetheless, staff will outline the various options at this point: April 18, 2011 - 4 - CD- 2011 -05 Hold a New Election Based on the controversy surrounding the original election, this would seem like a sensible course of action to hold a new election, and there is some belief that there may be a petition making this request forthcoming from the general membership; however, there is no guarantee that the individual nominated by the corporate members will not, once again, avail himself to thirty -seven (37) votes, making the results the same. Secondly, aspersions should not be cast on the remaining seven (7) members, who are all hard - working business people, some who have sat on the Board in the past. Of course the controversy surrounding the first election could mobilize greater participation in another election, which could diminish the influence of anyone casting multiple votes. Section 204(9) of the Act allows Council to refuse to appoint a person selected and may keep the position vacant or direct that the members hold another meeting to put forward new members for the vacancies. At this point, however, the Downtown BIA has not officially put forward their slate of candidates or proposed 2011 budget because of the various issues surrounding the election. Another rationale for holding another election would be to finalize the budget. A budget was approved at the original general meeting. The writer is aware that there seems to be a consensus, even on the part of the nominee for the corporate members, to put forward a revised budget. Although the BIA sections of the Act do not explicitly state that the Council can order a new general election, such a motion by Council could send a signal to the BIA that Council could use its authority under 204(9) to refuse to appoint any member(s) of the Board elected in February. Having another general membership meeting could end with the same results, it could endorse the decisions of February 22' or it could lead to greater participation and different results. Fill the Vacancies or Not Fill the Vacancies As the election of the Board was legal, in the truest sense of the Act, the Council could direct that the BIA hold a meeting to elect two additional officers for Council's consideration. Some of the parties that did not get elected originally could fill the vacancies. The Act also allows Council to leave the positions vacant. Lundy's Lane BIA The proposed 2011 budget for the Lundy's Lane BIA has been submitted for consideration. As per the BIA's constitution, the outgoing Board formulated the budget for consideration by the general membership and it was approved at a general membership meeting. A separate general membership meeting was held to elect the Board of (14) members. There was a four -way tie for the 14 position. The BIA is expected to resolve the tie at a meeting the week of April 18th. April 18, 2011 - 5 - CD- 2011 -05 Fallsview BIA Recent changes to the Municipal Act allow greater flexibility regarding BIA's. The Handbook states that "municipalities can consider the development of local options and solutions in connection with BIA issues ". Section 216(1) of the Municipal Act allows the municipality to change a local board. Section 216(2) goes on to say that a by -law created under this section could override provisions under the "traditional" BIA sections of the Municipal Act. With the revisions in mind, the Fallsview BIA has amended their constitution to guarantee seats at the Board of the businesses that contribute to the majority of the levy. As Council will know, the Fallsview BIA has guaranteed a contribution of $1 million annually toward the Scotiabank Convention Centre. Notice of the proposed changes was sent to the general membership of the Fallsview BIA and approved at their recent general membership meeting. Staff will work with the BIA and the Ministry of Municipal Affairs & Housing to implement this "local solution" proposed for the Fallsview BIA. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Some of the requirements outlined in the guidelines are already articulated in the Municipal Act and the City's various BIA by -laws. The inclusion of such requirements is more for ease of use. With regard to the election of Boards of Management, the Municipal Act states that Council may refuse to appoint a person selected by the members of an improvement area, in which case the municipality may leave the position vacant or direct that a meeting of the members of the improvement area is held to elect or select another candidate for the municipality's consideration. In the case of the Downtown, since the general membership meeting, two Board members have resigned (Mordechai Grun and Dr. Joanna Hill). The Board deferred the submission of their slate subject to this report. Also, as of this writing, there was indication that a petition asking for a new election would be forthcoming from the general membership. The Council could accept the Board as elected in February. The Council could direct that another meeting be held to elect other candidates to fill the two vacancies or the Council could leave the spots vacant. Finally, the Council could refuse to appoint any or all the individuals submitted for the Downtown Board. New sections on local boards in the Act allow for greater flexibility for BIA's. The Fallsview BIA has availed themselves to these changes by changing the composition of their Board. Staff will work with the BIA and the MMAH to implement these changes. CITY'S STRATEGIC COMMITMENT Undertake reviews of governance of committees or boards by Council. April 18, 2011 - 6 - CD- 2011 -05 LIST OF ATTACHMENTS • Guidelines /Requirements for Business Improvement Areas in the City of Niagara Falls • Excerpt of the Municipal Act • Lundy's Lane BIA Proposed 2011 Budget • Various BIA correspondences Recommended by: Y Dean Iorfida, ity Cle k Respectfully submitted: 1L1A—P4AJ( Ken Todd, Chief Administrative Officer DI Guidelines /Requirements for Business Improvement Areas in the City of Niagara Falls Background: Niagara Falls City Council directed staff to develop guidelines for voting, proxies and standardized budgets for the City's Business Improvement Areas (BIA). BIA's have been in the community for some time. Amendments to the Act in 1998 necessitated the municipality passing by -laws (re)establishing the various BIA's within the City. Some of the requirements under the by -law and under the Act have not been adhered to as strictly as in the past. Section 205(2) of the Municipal Act (the "Act ") states that a board of management shall submit the budget to council by the date and in the form required by the municipality. The City is interested in having some consistency in the form of the budget presented by BIA's and being able to assess the business tax levy in a timely fashion. The issue of voting at the BIA, especially at the annual general membership meeting, has been controversial for a number of local BIA's. The information contained in the guidelines is either mandatory under the Act, advised by the Ministry of Municipal Affairs & Housing's (MMAH) BIA handbook or best practices suggested by City staff In addition, many BIA's may not realize that amendments to the Act, effective in 2007, require greater accountability and transparency on the part of BIA's. As a result, BIA's should be adopting rules and policies to deal with meeting procedures, public notice, sale of land, hiring of employees and procurement of goods and services. Finally, all BIA's should be referring to the MMAH's BIA handbook. It is an invaluable resource and much of what is proposed in this document comes from the handbook. Please refer to: http: / /ontario. ca/BIAhandbook Financial Management Standardized Budget Format Section 205(2) the Act allows the municipality to determine the form of the BIA budget submission. A sample BIA budget from the MMAH BIA handbook is suggested and included for reference. Although the categories may differ, the budget should have some broad categories (administration, marketing, beautification) and a break down (subcategories) of what may be spent in the broad categories. The budget should outline any budget carry over from the previous year. Reminder: A BIA shall not expend any moneys not included in the estimates approved by the Council or in a reserve fund. Budget Deadline We are asking that all budget requests be in by the last business day of April (April 29, 2011). Annual Report The Act stipulates that municipal auditor is the auditor of each BIA. The Act and the City's BIA by- laws also require an annual report for the preceding year to Council, including a complete audited and certified financial statement ofthe BIA's affairs, with balance sheet and revenue and expenditure statements. The audited financials are required under the BIA by -laws by the first day of March (March 1, 2011). It is strongly suggested that these audited statements be available to the BIA membership for scrutiny at the annual general meeting. Approval of the forthcoming year's budget should be contingent on the annual report being accepted by the membership. Checklist ✓ Audited statements to the City by March 1, 2011 ✓ 2011 Budget request to the City by April 29, 2011 Voting at General Membership Meetings Who Can Vote Commercial property owners and their tenants can vote in the annual general membership meeting. There is no longer a requirement that tenants have to prove they pay a portion of the property tax. For example, a mall owner within a BIA would be entitled to vote, as would the mall owner's tenants. Both the mall owner and the tenants have a stake in the success of the BIA and, therefore, should be entitled to vote. A corporate member of a BIA may nominate in writing one individual to vote on behalf of the corporation. Voters List It is suggested that at least a week prior to the general membership meeting, a list be compiled by BIA staff, if applicable, of whom is entitled to vote (commercial owners, tenants). Any discrepancies should be resolved before the annual general meeting. In addition, corporate members should declare their nominees (who will cast the vote on behalf of their corporation) in writing, a week prior to a general meeting. One Vote Owners of multiple properties within a BIA do not get multiple votes. Each member of an improvement area has one vote, as per Section 204(6) of the Act, regardless of the number of properties that the member may own or lease in the improvement area. For example, an owner may own twenty properties within a BIA. They are not entitled to twenty votes. The owner is entitled to one vote. Each of the owner's tenants is entitled to one vote. Checklist ✓ Commercial property owners and tenants are entitled to vote at the AGM. ✓ It is no longer a requirement that tenants have to prove they pay the property taxes. ✓ No individual is entitled to more than one (1) vote. ✓ Corporate members should declare their nominees in writing. Proxy Voting Proxy voting has been controversial at various local BIA' Nothing undermines the credibility of a vote more than an individual showing up at the general election indicating that they are voting on behalf of multiple property owners. A true proxy vote occurs when the proxy votes based on the wishes of the proxy giver. In all likelihood, the individual has elicited the "votes" of BIA members who may be apathetic to the activities of the BIA. Although most local BIA's have a constitution, based on a standard set out years ago, none have well - articulated policies on proxy voting at the annual general membership meeting. Some recent attempts have been made to address the proxy issue by various local BIA's. The City of Toronto, which has more than seventy BIA's and a well - established umbrella support organization, does not allow proxy voting. It is City staff's suggestion that local BIA's also not allow proxy voting at their annual general membership meetings. The annual general meeting should be advertised well in advance that any commercial owner or tenant should be able to send someone to attend. Proxy voting only encourages apathy at the BIA or pressuring for proxies by those who are involved in BIA activities. If the BIA's are opposed to the no proxy guideline, staff would suggest that they follow the Municipal Elections Act as a guide, which only allows one (1) proxy vote, per eligible voter. Some may argue that in corporations with thousands of shareholders, it is common for shareholders to send their proxies in and the board casts the thousands of votes as directed. Such a practice only works when the questions to be decided at an annual general meeting are already determined. Also, proxies occur in the corporation scenario because the shareholders are disbursed throughout the world. In a BIA, the members are within a contained geographical area and there should be no impediment to them attending the annual general meeting. ✓ To vote at an AGM, you have to attend and be eligible to vote. No proxies. Responsibilities as Local Boards The passing of the Municipal Statute Law Amendment Act, 2006 lead to additions to the Municipal Act that affect BIA's. Most notably, BIA's are considered local boards and as such are required to have policies in place. For more detail, BIA's should consult the MMAH BIA Handbook. The following is not an exhaustive list presented as a checklist to the BIA's: ✓ Local boards must adopt and maintain policies, if applicable, with respect to: • Sale and other disposition of land • Hiring of employees • Procurement of goods and services ✓ BIA's must have a procedural by -law governing the calling, place and proceedings of meetings. The by -law also must provide for public notice of meetings. A BIA, similar to Council, may want to adopt a schedule for their Board meetings for the calendar year. Notice provisions should be in place for the calling of a special meeting. For example, City Council requires 48 hours notice for a special meeting. Meeting schedules and minutes of meetings should be posted on the BIA's website, if applicable. ✓ Meeting schedules and minutes of meetings should be posted on the BIA's website or sent to the City Clerk for information of Council. APPENDIX D - LEGISLATION r' it89 �:. �a:✓`C1� A, 2001 - Bus;nes 1, y 'i r:3 ` ✓¢ i� ent .,Y? `a z..7 z: m +'�' K.'t? -.; ? it �s• =�:= vtT. °„r (1) A local municipality may designate an area as an improvement area and may establish a board of management, (a) to oversee the improvement, beautification and maintenance of municipally -owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally; and (b) to promote the area as a business or shopping area. 2001, c. 25, s. 204 (1). (2) A board of management is a corporation consisting of the number of directors established by the municipality. 2001, c. 25, s. 204 (2). (2.1) A board of management is a local board of the municipality for all purposes. 2006, c. 32, Sched. A, s. 89. (3) A board of management shall be composed of, (a) one or more directors appointed directly by the municipality; and (b) the remaining directors selected by a vote of the membership of the improvement area and appointed by the municipality. 2001, c. 25, s. 204 (3). "'far :r.. (4) Members of an improvement area consist of persons who are assessed, on the last returned assessment roll, with respect to rateable property in the area that is in a prescribed business property class and tenants of such property. 2001, c. 25, s. 204 (4). (5) In determining whether a person is a tenant or not, the clerk of the municipality may accept a list provided under clause 210 (2) (b) or the declaration of a person that the person is a tenant and the determination of the clerk is final. 2001, c. 25, s. 204 (5). N:fe (6) Each member of an improvement area has one vote regardless of the number of properties that the member may own or lease in the improvement area. 2001, c. 25, s. 204 (6). 70 Business Improvement Area Handbook I 2010 (7) A corporate member of an improvement area may nominate in writing one individual to vote on behalf of the corporation. 2001, c. 25, s. 204 (7). (8) Subject to subsection (6), one individual may be nominated for voting purposes by two or more corporations that are members of an improvement area. 2001, c. 25, s. 204 (8). (9) The municipality may refuse to appoint a person selected by the members of an improvement area, in which case the municipality may leave the position vacant or direct that a meeting of the members of the improvement area be held to elect or select another candidate for the municipality's consideration. 2001, c. 25, s. 204 (9). (1 0) The term of the directors of a board of management is the same as the term of the council that appointed them but continues until their successors are appointed. 2001, c. 25, s. 204 (10). (1 1) Directors are eligible for reappointment. 2001, c. 25, s. 204 (11). (1 2) Subject to subsection (9), if a vacancy occurs for any cause, the municipality may appoint a person to fill the vacancy for the unexpired portion of the term and the appointed person is not required to be a member of the improvement area. 2001, c. 25, s. 204 (1 2). (1) A board of management shall prepare a proposed budget for each fiscal year by the date and in the form required by the municipality and shall hold one or more meetings of the members of the improvement area for discussion of the proposed budget. 2002, c. 17, Sched. A, s. 40 (1). (2) A board of management shall submit the budget to council by the date and in the form required by the municipality and the municipality may approve it in whole or in part but may not add expenditures to it. 2001, c. 25, s. 205 (2); 2002, c. 17, Sched. A, s. 40 (2). (3) A board of management shall not, (a) spend any money unless it is included in the budget approved by the municipality or in a reserve fund established under section 417; Business Improvement Area Handbook I 2010 71 (b) incur any indebtedness extending beyond the current year without the prior approval of the municipality; or (c) borrow money. 2001, c. 25, s. 205 (3). (4) Section 65 of the Ontario Municipal Board Act and section 401 of this Act apply to the municipality's approval under clause (3) (b) in the same manner as if it were incurring a debt of the municipality. 2001, c. 25, s. 205 (4). , A board of management shall give reasonable notice to the general membership of the improvement area of a meeting to hold a vote under clause 204 (3) (b) or for the purposes of a discussion under subsection 205 (1). 2001, c. 25, s. 206; 2002, c. 17, Sched. A, s. 41. (1) A board of management shall submit its annual report for the preceding year to council by the date and in the form required by the municipality and the report shall include audited financial statements. 2001, c. 25, s. 207 (1). (2) The municipal auditor is the auditor of each board of management and may inspect all records of the board. 2001, c. 25, s. 207 (2). (1) The municipality shall annually raise the amount required for the purposes of a board of management, including any interest payable by the municipality on money borrowed by it for the purposes of the board of management. 2001, c. 25, s. 208 (1). (2) The municipality may establish a special charge for the amount referred to in subsection (1), (a) by levy upon rateable property in the improvement area that is in a prescribed business property class; or (b) by levy upon rateable property in the improvement area that is in a prescribed business property class and that, in council's opinion, derives special benefit from the improvement area, which levy may be calculated using different percentages of the assessment for one or more separately assessed properties or categories of separately assessed properties in the prescribed class if the resulting levy is equitable in accordance with the benefits that, in council's opinion, accrue to the properties from the activities related to the improvement area. 2001, c. 25, s. 208 (2). 72 Business Improvement Area Handbook I 2010 II I (3) The municipality may establish a minimum or maximum charge or both, expressed for one or more separately assessed properties or categories of separately assessed properties in a prescribed class, as, (a) percentages of the assessed value of rateable property in the improvement area that is in a prescribed business property class; (b) dollar amounts; or (c) percentages of the board of management's annual budget. 2001, c. 25, s. 208 (3). (4) When a bylaw under subsection (3) is in force, (a) the amount of a charge levied in a year under subsection (2) shall not, when calculated for the individual property in the prescribed class to which it applies, be less than or greater than the amount of the applicable minimum and maximum charge for the property established under the bylaw; and (b) if necessary for a fiscal year to raise the amount referred to in subsection (1) because a minimum or maximum charge applies to one or more separately assessed properties or categories of separately assessed properties in the prescribed class, the municipality shall for the year adjust any charges applicable to the remaining individual properties or subclasses of properties in the prescribed class by adjusting the percentage or percentages of assessment established under subsection (2) for those properties. 2001, c. 25, s. 208 (4). (5) Section 210 does not apply to an adjustment made under clause (4) (b). 2001, c. 25, s. 208 (5). (6) If only a part of money borrowed by the municipality in any year for the purposes of a board of management is required to be repaid in that year or a subsequent year, only that part and any interest payable on the total amount shall be included in the levies under this section in that year or subsequent year, respectively. 2001, c. 25, s. 208 (6). (7) Charges levied under this section shall have priority lien status and shall be added to the tax roll. 2002, c. 17, Sched. A, s. 42. The municipality may alter the boundaries of an improvement area and the board of management for that improvement area is continued as the board of management for the altered area. 2001, c. 25, s. 209. Business Improvement Area Handbook 1 2010 73 Natir..- - (1) Before passing a bylaw under subsection 204 (1), clause 208 (2) (b), subsection 208 (3) or section 209, notice of the proposed bylaw shall be sent by prepaid mail to the board of management of the improvement area, if any, and to every person who, on the last returned assessment roll, is assessed for rateable property that is in a prescribed business property class which is located, (a) where the improvement area already exists, in the improvement area and in any geographic area the proposed bylaw would add to the improvement area; and (b) where a new improvement area would be created by the proposed bylaw, in the proposed improvement area. 2001, c. 25, s. 210 (1). (2) A person who receives a notice under subsection (1) shall, within 30 days after the notice is mailed, (a) give a copy of the notice to each tenant of the property to which the notice relates who is required to pay all or part of the taxes on the property; and (b) give the clerk of the municipality a list of every tenant described in clause (a) and the share of the taxes that each tenant is required to pay and the share that the person is required to pay. 2001, c. 25, s. 210 (2). (3) A municipality shall not pass a bylaw referred to in subsection (1) if, (a) written objections are received by the clerk of the municipality within 60 days after the last day of mailing of the notices; (b) the objections have been signed by at least one -third of the total number of persons entitled to notice under subsection (1) and under clause (2) (a); and (c) the objectors are responsible for, (i) in the case of a proposed addition to an existing improvement area, (A) at least one -third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area, or (B) at least one -third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the geographic area the proposed bylaw would add to the existing improvement area, or (ii) in all other cases, at least one -third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area. 2001, c. 25, s. 210 (3). 74 ' Business Improvement Area Handbook 1 2010 j I (4) If sufficient objections are withdrawn in writing within the 60 -day period referred to in clause (3) (a) so that the conditions set out in clause (3) (b) or (c) no longer apply, the municipality may pass the bylaw. 2001, c. 25, s. 210 (4). (5) The clerk shall determine whether the conditions set out in subsection (3) have been met and, if they are, shall issue a certificate affirming that fact. 2001, c. 25, s. 210 (5). (6) The determination by the clerk is final. 2001, c. 25, s. 210 (6). ( 1 ) Council shall give notice in accordance with subsection 21 0 (1) of a proposed bylaw to repeal a bylaw under subsection 204 (1) if the municipality has received, (a) a resolution from the board of management requesting the repeal; or (b) a request for the repeal signed by persons who are responsible for at least one -third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area. 2001, c. 25, s. 21 1 (1). (2) A person signing a request under clause (1) (b) shall state what amount of taxes on rateable property in the area that the person is required to pay. 2001, c. 25, s. 211 (2). (3) Council shall give the notice within 60 days after receiving the resolution or request. 2001, c. 25, s. 211 (3). (4) Council shall repeal the bylaw under subsection 204 (1) if requests for the repeal are received by the clerk of the municipality within 60 days after the last day of mailing of the notices and, (a) the requests have been signed by at least one -half of the total number of persons entitled to notice under subsection 210 (1) and under clause 210 (2) (a); and (b) those who have signed the requests are responsible for at least 50 per cent of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area. 2001, c. 25, s. 211 (4). Business Improvement Area Handbook I 2010 - 75 T The repealing bylaw must come into force on or before December 31 of the year in which it is passed. 2001, c. 25, s. 21 1 (5). (6) If sufficient requests are withdrawn in writing within the 60 -day period referred to in subsection (4) so that either condition set out in that subsection no longer applies, the municipality is not required to repeal the bylaw. 2001, c. 25, s. 211 (6). (7) The clerk shall determine whether the conditions set out in clause (1) (b) and subsection (4) have been met and, if so, shall issue a certificate affirming that fact. 2001, c. 25, s. 211 (7). f', (8) The determination by the clerk is final. 2001, c. 25, s. 211 (8). (9) If the conditions of subsection (4) are not satisfied, council is not required to give notice under subsection (1) in response to a resolution or request for a period of two years after the last mailing of the notices. 2001, c. 25, s. 21 1 (9). (10) No requirement under this section or under section 210 applies to the repeal by a municipality on its own initiative of a bylaw under subsection 204 (1). 2001, c. 25, s. 211 (10). A bylaw passed under subsection 204 (1), subsection 208 (2) or (3), section 209 or subsection 211 (4) is not invalid by reason only that, (a) a person required to give a copy of a notice to a tenant or other information to the municipality under subsection 210 (2) has not done so; (b) the objections referred to in clause 210 (3) (b) have not been signed by at least one -third of the total number of persons entitled to receive notice under subsections 210 (1) and (2) because a person required to give a copy of the notice under subsection 210 (2) has not done so; or (c) the requests referred to in clause 211 (4) (a) have not been signed by at least one -half of the total number of persons entitled to notice under subsections 210 (1) and (2) because a person required to give a copy of the notice under subsection 210 (2) has not done so. 2001, c. 25, s. 212. 76 Business Improvement Area Handbook 1 2010 I II For the purposes of clauses 210 (3) (c) and 211 (1) (b), subsection 211 (2) and clause 211 (4) (b), a tenant shall be deemed to be responsible for the part of the taxes that the tenant is required to pay under the tenant's lease or under sections 367 and 368. 2001, c. 25, s. 213. (1) Upon the repeal of a bylaw under subsection 204 (1), the board of management is dissolved and the assets and liabilities of the board become the assets and liabilities of the municipality. 2001, c. 25, s. 214 (1). (2) If the liabilities assumed under subsection (1) exceed the assets assumed, the council may recover the difference by imposing a charge on all rateable property in the former improvement area that is in a prescribed business property class. 2001, c. 25, s. 214 (2). The Minister may make regulations prescribing one or more classes of real property prescribed under the Assessment Act as business property classes for the purposes of sections 204 to 214. 2001, c. 25, s. 215. n CI (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to dissolve or change a local board. 2006, c. 32, Sched. A, s. 90. (2) In the event of a conflict between a bylaw described in subsection (1) and any provision of this or any other Act, excluding this section and sections 1 94 to 202, or in the event of a conflict with a regulation made under any other Act, the bylaw prevails. 2006, c. 32, Sched. A, s. 90. (3) Despite subsection (1), a municipality shall not, in accordance with subsection (1), dissolve or change a local board that is, (a) a society as defined in subsection 3 (1) of the Child and Family Services Act. (b) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act. (c) a committee of management established under the Homes for the Aged and Rest Homes Act. Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is amended by the Statutes of Ontario, 2007, chapter 8, subsection 218 (4) by striking out "Homes for the Aged and Rest Homes Act" and substituting "Long -Term Care Homes Act, 2007 ". See: 2007, c. 8, ss. 218 (4), 232 (2). Business Improvement Area Handbook 1 2010 77 (c.1) an appeal body established under section 8.1 of the Planning Act. (d) a police services board established under the Police Services Act. (e) a board as defined in section 1 of the Public Libraries Act. (f) a corporation established in accordance with section 203. (g) such other local boards as may be prescribed. 2006, c. 32, Sched. A, ss. 90, 91 (2). (4) Despite subsection (3), the City of Greater Sudbury may, in accordance with subsection (1), change the number of members it appoints as its representatives on the board of health of the Sudbury and District Health Unit, subject to the following rules: 1. The number shall not be smaller than two or larger than seven. 2. At least one of the members shall also be a member of the council of the City. 3. At least one of the members shall not be a member of the council of the City. 2006, c. 32, Sched. A, s. 90. (5) Without limiting sections 9, 10 and 11, the power of a municipality to change a local board under those sections includes the power to pass bylaws with respect to, (a) the matters described in paragraphs 1 to 7 of subsection 1 96 (1), subject to the restrictions set out in section 1 96; (b) the assumption of a power or duty of the board, but if the power or duty was delegated to the board by the municipality, the municipality cannot assume the power or duty if it cannot revoke the delegation; (c) the delegation of a power or duty to the board to the extent authorized under this Act; (d) the restriction or expansion of the mandate of the board. 2006, c. 32, Sched. A, s. 90. (6) If a municipality passes a bylaw in accordance with subsection (1) to dissolve or change a local board which is a local board of the municipality and one or more other municipalities, (a) the bylaw does not come into force until at least half of the municipalities, excluding the municipality that passed the bylaw, have passed a resolution giving their approval to the bylaw; and (b) when the bylaw comes into force, the bylaw is deemed to be a bylaw passed by each of the municipalities of which the board is a local board. 2006, c. 32, Sched. A, s. 90. 78 _ s Business Improvement Area Handbook I 2010 I � � 1 (7) For the purposes of this section, the Minister may, despite any Act, make regulations, (a) providing that any body performing any public function is a local board; (b) providing that a local board is a local board of the municipality specified in the regulation; (c) providing that a municipality does not have the power to dissolve or make a prescribed change to a local board specified in the regulation; (d) imposing conditions and limitations on the powers of a municipality under this section; (e) providing that, for the purposes specified in the regulation, a municipality is deemed to be a local board of the type dissolved or changed under this section; (f) providing that, for the purposes specified in the regulation, a municipality shall stand in the place of a local board dissolved or changed under this section; (g) providing for matters that, in the opinion of the Minister, are necessary or desirable to allow the council of a municipality to act as a local board, to exercise the powers of a local board or to stand in the place of a local board for any purpose; (h) providing that the provisions of any Act specified in the regulation do not apply to the council of a municipality acting as a local board, exercising the powers of a local board or standing in the place of a local board for any purpose; (i) providing for the continuation, cessation or amendment of any or all bylaws and resolutions of a local board which is dissolved or changed under this section; (j) providing that a municipality or local board pay money to each other or to another municipality or local board; (k) providing for transitional matters related to a dissolution of or change to a local board under this section. 2006, c. 32, Sched. A, s. 90. (1) In this section and in sections 239 to 239.2, "committee" means any advisory or other committee, subcommittee or similar entity of which at least 50 per cent of the members are also members of one or more councils or local boards; ( "comite ") "local board" does not include police services boards or public library boards; ( "conseil local ") "meeting" means any regular, special or other meeting of a council, of a local board or of a committee of either of them. ( "reunion ") 2001, c. 25, s. 238 (1); 2006, c. 32, Sched. A, s. 102 (1, 2). Business Improvement Area Handbook I 2010 79 (4/14/2011) Dean lorfida - Minutes_2011_Feb_24_AGM.doc Page 1 Lundy's Lane BIA Annual General Membership Meeting Minutes MacBain Centre Coronation Room Thursday 24 February, 2011 @ 11:00 am Directors present: Fran Berry Len Cade Hilary Sitlani Paul Bongers Navin Shahani Directors with excused absence: Tish DiBellonia Marjorie Ruddy Veena Shahani Lisa Thompson Tony Vommero Non -Board Members present: Victor Ferraiuolo (General Manager) Members present: Jan Anders ((Kwik Kopy Design & Paint Centre) Bev Cannon (Howard Johnson Express) Jim Cooper (Oh Canada Eh? Dinner Show) William 0 (Ramada Plaza) Anne C. Robinson (Oh Canada Eh? Dinner Show) Review of Mission Statement "The Lundy's Lane Business Improvement Area is an association that works together to create and promote a positive and prosperous business environment supporting a year round focus to benefit all businesses on Lundy's Lane through marketing, beautification and events." Welcome Fran opened the meeting by welcoming everyone to this meeting to approve the proposed 2011 budget. Fran explained that the Board elections were going to be deferred to another General Membership meeting by the end of March due to concerns by the Board and the Membership that notification of the nominations and of the meeting had not been thoroughly carried out. Budget Presentation Victor presented to the members present the proposed budget approved by the Board. He noted that the income from levies remained the same and that there are $67,000 reserve funds set aside for the new street signs. Victor asked the members if there were any questions and there were none. Motion by William to approve the proposed budget. Seconded by Anne and carried unanimously. Motion by Hilary to adjourn the meeting. Seconded by Paul and carried unanimously. 1 (4/14/2011) Dean lorfida - Minutes_2011 Feb 24_AGM.doc Page 2 as of 02 -24 -2011 2011 Lundy's Lane BIA Proposed Budget REVENUE Income Tax Levy from City $ 276,018.00 Supplemental Taxes $ 450.00 Web Advertising $ - Net Tax Levy $ 276,468.00 Interest Received $ 2,000.00 TotaIIncome $ 278,468.00 TOTAL REVENUE $ 278,468.00 EXPENSES Marketing Artwork & Design Costs $ 800.00 Brochure Distribution $ 6,500.00 CAA /AAA Tour Book $ 10,800.00 Call Centre $ 2,200.00 Gateway Niagara $ 450.00 Lundy's Lane Visitor Guide $ 12,000.00 Niagara Seasons Magazine $ 10,200.00 NFT Dining & Shopping Guide $ 2,700.00 Residential Business Directory $ 13,603.00 SCC $ 5,000.00 Tods (Canadian) Signage -Ont Highway $ 9,500.00 Website Development /add'I Mktg $ 12,000.00 Website Marketing $ 16,000.00 Event (i.e. WFOL: TBD) Sponsorship $ 5,000.00 Total Marketing $ 106,753.00 Festival & Events Event Deveploment /Displays $ 45,000.00 Event Shuttle $ 3,500.00 Illuminated Candy Canes & Fixtures $ 15,000.00 Total Festival & Events $ 63,500.00 Beautification (BRAG) Banners - all seasons $ 5,000.00 Street Signs $ 1,000.00 Landscaping $ 37,000.00 Street Maintenance $ 15,000.00 Total Beautification (BRAG) $ 58,000.00 Administration & General Expenses General Manager Fees $ 40,000.00 GM expenses $ 900.00 Audit Expense $ 2,500.00 Bank Charges & Interest $ 150.00 Book Keeping $ 2,500.00 Mail Box Rental $ 140.00 Meeting Expenses $ 500.00 Member Communication (Web) $ 500.00 Membership Dues $ 550.00 OBIA Membership $ 225.00 OBIA Conference $ 1,000.00 Miscellaneous $ 600.00 Office Expenses (Supplies) $ 300.00 Printing & Postage $ 100.00 Telephone $ 250.00 Total Administration & General Expenses $ 50,215.00 TOTAL EXPENSES $ 278,468.00 NET INCOME $ - 2 (4/11/2011) Dean lorfida - FVBIA Final draft Constitution April 2011 from meeting.doc Page 1 FALLSVIEW BUSINESS IMPROVEMENT AREA CONSTITUTION (4/11/2011) Dean lorfida - FVBIA Final draft Constitution April 2011 from meeting.doc Page 2 Table of Contents 1.0 NAME 2.0 ERROR IN NOTICE 3.0 MISSION STATEMENT 4.0 MEMBERSHIP 5.0 BOARD OF MANAGEMENT 5.1 Composition 5.2 Nominations and Elections 6.0 EXECUTIVE OFFICERS 6.1 Duties & Responsibilities 6.2 Staff 7.0 MEETINGS 7.1 General Membership Meetings 7.2 Board Meetings 7.3 Annual General Membership Meeting 7.4 Frequency of Meetings 7.5 Dates, Time, Location of Meetings 7.6 Quorums 7.7 Rules of Order 8.0 FINANCIAL OPERATIONS 8.1 Fiscal Year 8.2 Banking and Accounting 8.3 Budget 8.4 Annual Report 8.5 Financial Commitments and Obligations 8.6 Insurance 9.0 AMENDMENTS 1.0 NAME The Name of the organization is the Fallsview Business Improvement Area (hereinafter (4/11/2011) Dean Iorfida - FVBIA Final draft Constitution April 2011 from meeting.doc Page 3 called the "Fallsview BIA "). The Business Improvement Area shall consist of all businesses located in the Fallsview BIA as shown in the City of Niagara Falls By -law No. 98 -223. 2.0 Error in Notice No error or omission in giving notice for any meeting of the Board of Management shall invalidate such meeting or invalidate or make void any proceedings taken or had at such meeting and any member of the Board of Management may at any time waive notice of any such meeting and may ratify and approve of any and /or all proceedings taken or had there at. 3.0 MISSION STATEMENT To define the district in the minds of consumers taking advantage of the brands that lie within it. To create a strong & positive working relationship with city officials & other levels of government to advance the benefits for the membership with the BIA to ensure our goals & objectives are achieved. 4.0 MEMBERSHIP Membership shall consist of all property owners and businesses located in the Fallsview BIA as shown in the City of Niagara Falls By -law No. 98 -223, Schedule "A ". A member shall mean any person who, on the last returned assessment roll, is assessed with respect to rateable property in the Fallsview BIA that is in a prescribed business property class. This would include tenants of assessed properties. All Members of the Fallsview BIA are entitled to voting privileges at the Annual General Membership Meeting, one vote per membership, with no proxies permitted. 5.0 BOARD OF MANAGEMENT The Board of Management (hereinafter called the "Board ") is a body corporate and shall consist a minimum of and a maximum of thirteen (13) members appointed by City Council of the City of Niagara Falls, one (1) of whom shall be a member of City Council and, the remaining members shall be individuals qualified for membership in the Fallsview BIA or nominees of such individuals or of Corporations so assessed. 5.1 Composition The composition of the Board shall consist of 13 seats broken down as follows: (4/11/2011) Dean lorfida - FVBIA Final draft Constitution April 2011 from meeting.doc Page 4 • Eight (8) seats designated as: one (1) representative from each of the 8 top financial contributing members to the BIA levy. If a member from the designated properties chooses not to use the designated seat, that position is placed in the elected seat category for that term of office. • Four (4) seats elected at large from the remaining membership of the BIA (members with designated seats are not eligible for an additional seat) • One (1) member of city council. The executive committee shall consist of: The Chair, The Vice - Chair. The Secretary, The Treasurer All elected Members of the Board shall hold office for four (4) years, concurrent with the City of Niagara Falls Council's term of office or until their successors are duly elected, provided he continues to be qualified to be elected or appointed. 5.2 Nominations and Elections The Nominating Committee, consisting of the Chair and two (2) current Members of the Board shall solicit and prepare a nomination list of Members who have confirmed their intention to stand for election at the February Board Meeting. In addition to a nomination list, the Chair will also call for nominations from the floor three (3) times prior to the election. Nominations from the floor must be duly moved and seconded by a Member of the Fallsview BIA. When all nominations have been received, the Chair will call for a motion to close the nominations. Should the number of nominations be equal to the number of vacant seats, the Chair having called for a motion from the floor to close the nominations will declare the Members as being acclaimed to the Board. Should the number of nominations be more than the number of vacant seats, the Executive Director will proceed to carry out a vote by paper ballot with the names of all the nominees appearing on the ballot. Scrutineers for counting the paper ballots will (4/11/2011) Dean Iorfida - FVBIA Final draft Constitution April 2011 from meeting.doc Page 5 consist of the Executive Director for the Fallsview BIA and a Member who is not seeking a position on the Board. Owners of multiple properties within a BIA do not get multiple votes. Each member of an improvement area has one vote, as per Section 204(6) of the Act, regardless of the number of properties that the member may own or lease in the improvement area. Commercial property owners and tenants are entitled to vote at the AGM. No individual is entitled to more than one (1) vote. A corporate member of a BIA may nominate in writing one individual to vote on behalf of the corporation at the AGM. The Board (after having all vacant seats filled) will hold an election in a "Closed" (confidential) session for the Executive Officer positions of Chair, Vice - Chair, Secretary and Treasurer for a four -year term or until their successors are duly elected unless they are acclaimed to their Executive position. This election will take place and be announced at the Board Meeting as required. Upon the completion of an election to the Board, the Executive Director will forward the results in writing to the City of Niagara Falls for City Councils' notification and approval. Likewise, should there be a change in the name of a Member replacing another Member. the Executive Director will notify the City of Niagara Falls in writing as soon as possible. Each Member of the Board shall be eligible for re- election at the end of their term. Committees of the Board of Management may be formed from time to time to deal with specific items. These committees will be formed as a special body chaired by a Member of the Board unless the Board decides otherwise. They will meet as required and report their activities to the Board. Committees may be formed or dissolved at the discretion of the Board. 6.0 EXECUTIVE OFFICERS 6.1 Duties & Responsibilities Chair The Chair shall: • Preside at all meetings of the Fallsview BIA Board of Management and any meeting of the Fallsview BIA General Membership, • Have the general management and direction (subject to the authority of the Board) of the business and affairs of the Fallsview BIA. • Be responsible for the preparation of the Agenda for all meetings of the Board and the General Membership. Niagara Falls NMI. NIS_< CLERKS' 11 O32 1E 1`r March 25, 2011 To: Mr. Dean Iorfida, Clerk's Office City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON, L2E 6X5 Canada Re: Niagara Falls Downtown BIA Activities, BIA Board Membership Concerns and BIA General Election Concerns According to our recent meeting with Councillor Mrs. Carolynn Ioannoni, recent consultation with members of Downtown BIA Association and last Council Meeting of the City of Niagara Falls we would kindly ask you to have meeting with us during the week of March 28 - April 1, 2011. It would be beneficial for all stakeholders in this matter, if you would be willing to coordinate with other interested parties, to attend this meeting accordingly. We would be more than happy to accommodate your questions, suggestion and /or comments in order to move forward with our sincere attempt to resolve all issues at hand concerning downtown development plans and future activities. Sincerely, Representatives of BIA Members and Business Owners - Downtown Niagara Falls Nemanja Kuntos Dragan Racic Contact Phone: 289- 407 -2989 Contact Phone: 905 - 228 -0760 E -mail: nemanja.kuntosl @gmail.com dracic2 @cogeco.ca (4/14/2011) Dean lorfida - Re: LLBIA Page 1 From: Dean Iorfida To: EXPRESSIONS ... FLOWERS AND GIFTS; Janice Wing; nshahani @gmail.com; v... Date: 4/14/2011 10:16 AM Subject: Re: LLBIA I appreciate the opportunity to clarify and set the record straight on these issues. My discussion with Veena and Navin was regarding the fact that the Lundy's Lane BIA was having separate general meetings to consider the budget and elect the Board. Usually BIA's deal with both issues at their annual general meeting but there is nothing preventing that the issues be dealt with at separate meetings and there's nothing to the contrary in the LLBIA's constitution. With regard to the budget, the Board formulates a proposed budget for the consideration of the general membership. If not the Board, who would put forward the budget ?? It is also standard for the outgoing board to formulate the budget at the beginning of a new Council term. I could appreciate the consternation if the proposed budget submitted was drastically more than in past budgets; however, it is approx $278K, which is just less than last year's and in keeping with previous budgets. The 2011 -2014 Board will formulate the 2015 budget. I would remind you that budgets are a road map for the coming year. There is no guarantee that all expenditures will occur and the Board certainly has some flexibility in that regard. Also, the 2011 -2014 Board could determine that next year's budget will not need to be as much. If there was such concern over the budget, and I am not sure why there'd be based on the comparable amount from past years, was it raised at the March 31st meeting? There always seems to be a tendency in the Lundy's Lane BIA, by members, to air their grievances outside of the forum to deal with these issues (at the Board or at the general membership meeting). Of course, it would have behooved the BIA to endorse the budget at the second general membership meeting, which had greater attendance. I have no reason to question the veracity of Fran's email on process. I encourage the meeting next week of the Board, old and new, to resolve any of these outstanding issues. Thanks Dean »> "EXPRESSIONS ... FLOWERS AND GIFTS" <expressions@ cogeco.ca> 4/13/2011 6:01 PM »> Hi Navin - I believe that you were in attanmdance at the Board meeting were we had discussion about rescheduling elections and moving forward with a general membership meeting for budget approval. You did not oppose our motion to do this. Proper notice was given as per Constitutional and Ontario BIA guidelines - not 1 but 2 newspaper notices were given! At the time of the Board meting, your argument was with regard to elections and proper notice for them. After much discussion and consideration, the Board voted and a majority agreed to your request that a new election be scheduled. To my recollection, the issue of the budget was never mentioned at this Board meeting or in any of the emails about the election that you had sent out. Why is this an issue now? I believe that you are incorrect about the dates by which budgets and the new Board list need to be (4/14/2011) Dean lorfida - Re: LLBIA Page 2 submitted to Council for approval. Please check your resources on this item. I don't understand your perception that "the out -going (2007 -2010) Board seems to be trying to determine the 2011 LLBIA Operating Budget ". Doesn't every BIA have the same situation? A budget that was prepared by a previous Board for a new Board to administer? In all the years that I have participated in the BIA, this has never been an issue before. With regard to your concerns about the fire alarm going off during the meeting ... I would like to discuss this particular matter further at our next Board meeting. Thank you, Fran Original Message From: N. Shahani To: Janice Wing Cc: Ross Barr ; Veena Shahani ; diorfida@niagarafalls.ca ; EXPRESSIONS ... FLOWERS AND GIFTS Sent: Wednesday, April 13, 2011 4:41 PM Subject: Re: LLBIA Hi Janice, I am carbon copying this e -mail to other "members" as well. I would like to first start off by saying the General Members of Lundy's Lane appreciate your patience and vaueable time in the matters arising. We all know just how busy you are. Thank you again for dealing with this matter as it is quickly becoming a very contentious issue. A matter that was already discussed by Veena and Dean on March 24, 2011. I would like bring this matter to your kind attention as it may have been over - looked in Dean's response. In regards to Dean's statement "My intent is to bring forward the LL BIA Board and Budget for approval on April 18th ". It should be noted that the budget had been created sometime in January/February of 2011 by the 2007 -2010 LLBIA Board of Directors. A February AGM was held with no proper notice given to the General Membership. It was agreed upon by way of motion that the membership would not only receive notice via Newspaper, but also through hand delivered flyer's which is reflected in the January, 2011 minutes. The hand - delivered flyer's conveniently, never came to fruition. I have sent a few e-mails in the past referring to this issue. Along with the lack of notice, only two general membership members attending, & a fire alarm sounding conveniently for the second time this year during an important general meeting, a budget was sporadically approved. The agenda for the February AGM only looked for approval of the budget and not at the election of a new board for the 2011 -2014 season, who of course would be the ones to determine the 2011 Budget and have an AGM in order to bring it to the floor for the approval of the General Membership as a whole. From my understanding, what Veena and Dean have already discussed is that a newly elected Board is to be determined first, and then the 2011 budget by which the newly elected Board will operate, shall be determined, which of course has yet to be done as we are unable to meet until the past Board submits the newly elected Board names to council for approval which should have been done sometime at the end of 2010. As it stands, the out -going (2007 -2010) Board seems to be trying to determine the 2011 LLBIA (4/14/2011) Dean lorfida - Re: LLBIA Page 3 Operating Budget. This proposed budget should not be approved by council. Regards, Navin Shahani Ps. Is it possible that Council approve in principle the thirteen (13) elected board members while awaiting the fouteenth (14) name to be determined by the "out- going" chair, who seems to be delaying the process of deciding the four -way tie until the 19th of April during a scheduled "breakfast" board meeting, where she will ask the out -going board to determine the 14th position ( LLBIA constitution outlines on page 7 that to determine a tie at an AGM, a decision is solely for the Chair to make by way of 2nd ballot. Not for the determination of the out -going board as a whole). The reason I am mentioning this is because if council approves the 13 names, it allows for enough time that an AGM can be scheduled (2 weeks prior notice) in order to deliberate a proposed budget before the deadline for submission to Council on April 30th, 2011. (Fran Berry mentioned this deadline in e-mail only this morning which brings to light the delay tactics that are being executed to hinder the new 2011 Board from functioning effectively and efficiently) On Wed, Apr 13, 2011 at 10:13 AM, Janice Wing <ianice wing@ cogeco.ca> wrote: Hi Navin, Thanks for your patience. I am copying Ross on this since he left me a phone message a day or two ago on the same subject. I'm also copying Fran since Dean was happy to accept my offer to give the BIA a push on getting the list he's awaiting. Our Council agendas go to press on Wednesdays, I understand, so the list should be sent to him TODAY!!! (Fran: Just add the name of the 14th person on and send it over to him. If you'd like to confer with me and make a joint decision based on my perspective, I'd be happy to help lift some of the weight off your shoulders.) Here's the guidance from Dean: 'Thanks to Ross for pointing out that section of the constitution, however, bizarre it is! I appreciate the Chair breaking ties at Board meetings. Having that authority at a general membership meeting and determining the election of a Board member, seems to be a powerful authority for the out -going Chair. Nonetheless, it is there and gives Fran the (unenviable) task of picking the 14th member. I think the BIA may want to consider having a run off vote in the future, if that scenario presents itself again. With regard to the issue on when the new board can meet, Janice, I provided this response on this issue previously to Fran: Although Council's approval of the Board is usually a rubber stamp, it doesn't have to be. Council did send the matter of the board back to the Downtown in 2004; therefore, the conservative response is that the board should wait until formal approval by Council. A corollary is that with the new Board elected, I do not see any reason for the old Board to meet (4/14/2011) Dean lorfida - Re: LLBIA Page 4 unless there is some minor outstanding business remaining. My intent is to bring forward the LL BIA Board and Budget for approval on April 18th. I also have some other BIA matters from other BIA's." I'd also like to underscore Dean's note that "A corollary is that with the new Board elected, I do not see any reason for the old Board to meet unless there is some minor outstanding business remaining." Thanks again for your patience. janice On 2011- 04 -13, at 12:12 AM, N. Shahani wrote: > Hi Janice, > Hope all is well with you & yours. I was just following up in regards to > the last correspondence we had where by you were waiting for advice > from Dean. Please let me know if he has given any direction as to which > way this matter of a tie is to be handled. We are heading into the summer > season shortly and time is of the essence with reference to the LLBIA's > marketing & beautification initiatives. > Best Regards, > Navin Shahani p MW- 2011 -08 Niagara April 18, 2011 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2011 -08 Downtown Revitalization Project - Phase 2 - Streetscape Queen Street - St. Lawrence Avenue to Erie Avenue Tender Results Contract 2011- 240 -10 RECOMMENDATION 1. The contract be awarded to the lowest bidder Al Asphalt Maintenance Ltd. at the tendered price of $ 989,819.53. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY Niagara Falls City Council previously approved recommendations contained in Report MW- 2009-84 on November 30, 2009 directing staff to proceed with a phased implementation plan for the Downtown (Queen Street) Infrastructure Revitalization Project. On January 25, 2010, City Council approved the recommendation set out in report MW- 2010-01 to award the Downtown Infrastructure Revitalization Phase 1 project to Peter's Excavating Inc. The First Phase has been completed and is currently under the maintenance period. The Second Phase is scheduled to commence between April 26, 2011 and May 27, 2011 and between September 6, 2011 and November 25, 2011. Work will not take place during the summer months in order to minimize the impact on local businesses. This project will include the replacement of the existing sidewalks, curb adjustments, street signage and the addition of new streetscape features such as bollards, street trees and concrete treatments. BACKGROUND The City of Niagara Falls completed extensive streetscaping work on Queen Street back in the early /mid 1980's which included a significant investment on the aboveground infrastructure. These features are now requiring some upgrading and replacement in order to help the local businesses re -brand and revitalize commercial activity in the Downtown Core. The Community Improvement Plan (CIP) recognized that the use of the public April 18, 2011 -2- MW- 2011 -08 spaces in the Downtown BIA would play a large role in returning this area to a successful business district. Staff has worked closely with the Downtown BIA to finalize the design and source the appropriate streetscape features that will be constructed under the second phase of the project. The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iofrida, opened tenders on at 1:30 p.m. Thursday, April 14, 2011 for the above noted contract. Tender documents were picked up by thirteen (13) Contractors and seven (7) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the Contractors. The tenders were checked and the corrected bids are shown in bold and marked with an asterisk ( *). Firm City Tender Price Corrected Bid 1. Al Asphalt Maintenance Ltd. Burlington, ON $989,819.87 *$989,819.53 2. Centennial Construction Niagara -On -The Lake, On $1,092,073.00 3. Stevensville Lawn Service Stevensville, On $1,109,405.00 *$1,109,705.00 4. Alfidome Construction Ltd. Niagara Falss, On $1,156,835.00 5. Steed & Evans Ltd. Thorold, On $1,158,170.00 6. Rankin Construction St. Catharines, ON $1,167,208.00 7. Brennan Paving Ltd. Prot Colborne, On $1,235,272.50 *1,235,262.50 ANALYSIS /RATIONALE The lowest tender was received from Al Asphalt Maintenance Ltd. in the amount of $989,819.53. This contractor has not performed similar type projects for the City. It is for this reason, staff felt it necessary to contact the submitted references. Three (3) references were contacted, one (1) at the Town of Oakville, and two (2) at the City of Hamilton. The projects ranged in value from $335,000 to $950,000 and consisted of an annual utility cut contract, concrete work at a transit facility and a street reconstruction. The street reconstruction project was completed on King Street in downtown Dundas. This project is very similar to the Queen Street project in that there was significant sidewalk and curb work, a local Business Improvement Association (BIA) involved and multiple businesses on the street. References spoke very highly of Al Asphalt Maintenance in terms of their workmanship, safety and traffic control, adherence to the construction schedule and their interaction with the public. Based on the information received from the three (3) references, we are of the opinion that this contractor is capable of successfully undertaking this project. The project is scheduled to be completed by November 25, 2011. April 18, 2011 -3- MW- 2011 -08 FINANCIAL IMPLICATIONS Staff have been working within the $2,278,100 budget allocated for Phase 2 of the overall project. To date the project expenses include: Consultant Fees $10,000 Sound System $74,000 Archways $397,935 Committed to Date $481,935 The award of this contract for the sidewalk and beautification amenities (approximately $990,000) bring the total to $1,471,935. This leaves approximately $806,165 to complete the balance of the project including; • Eastern Gateway Improvements • Streetlighting Rehabilitation • Streetscape Furnishing • Downtown Park Further recommendations on these features will be presented to Council over the course of this Summer. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with Council's strategic priorities; • To enhance economic vitality • To invest in infrastructure • To promote a healthy and safe community LIST OF ATTACHMENTS 1. Downtown Revitalization Phase 2 - Streetscape Queen Street Presentation 2. Tender Summary - Contract 2011 - 240 -10 3. Letter - Downtown Board of Management - March 30, 2011 Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: ‘2AAA" Ken To d, Chief Administrative Officer G. Holman 77:101i CITY OF NIAGARA FALLS Nlr��,ararallN TENDER SUMMARY CONTRACT #2011 - 240 -10 Downtown Infrastructure Revitalization Phase 2 - Streetscape Queen Street - St. Lawrence Avenue to Erie Avenue DATE: April 14, 2011 ENGINEER'S ESTIMATE: 5 950,000.00 CONTRACT TIME: November 25, 2011 TENDER DEPOSIT: $ 50,000.00 ADDENDUMS ISSUED: 1 FIRM TENDER PRICE CORRECTED BID Peter's Excavating Inc. Phone: 905- 991 -1313 3976 Bowen Road Fax: 905 -991 -1603 Stevensville, ON LOS 1S0 Stevensville Lawn Service Phone: 905- 382 -3536 2821 Stevensville Road Fax: 905- 382 -3580 51,109,405.00 51,109,705.00 Stevensville, ON LOS IS0 Curbline Inc. Phone: 905 -562 -7891 2568 Honsberger Avenue Fax: 905 -562 -4774 Jordan Station, ON LOK 1S0 Peninsula Construction Phone: 905- 892 -2661 2055 Kottmeier Road, R.R. #1 Fax: 905- 892 -4692 Fonthill, ON LOS 1 E6 Steed & Evans Ltd. Phone: 905- 227 -2994 3551 Leslie Street Fax: 905- 227 -2793 $1,158,170.00 Thorold, ON L2V 3Y7 Rankin Construction Phone: 905 -684 -1 111 222 Martindale Road Fax: 905- 684 -2260 51,167,208.00 St. Catharines, ON L2R 7A3 Alfidome Construction Ltd. Phone: 905 -371 -1701 1701 Thorold Townline Road, R.R. #2 Fax: 905- 371 -1744 $1,156,835.00 Niagara Falls, ON L2E 6S5 Norjohn Construction Phone: 905- 371 -0809 9101 Brown Road Fax: 905- 371 -9724 Niagara Falls, ON L2E 6S5 Centennial Construction Phone: 905- 708 -0123 353 Townline Road Fax: 905- 708 -0155 51,092,073.00 Niagara -on- the -Lake, ON LOS I JO Sacco Construction Phone: 905- 354 -0461 4530 Drummond Road Fax: 905- 357 -4148 Niagara Falls, ON L2E 6C7 Brennan Paving Ltd. Phone: 905- 835 -8413 198 Welland Street Fax: 905- 835 -8338 $1,235,272.50 $1,235,262.50 Port Colborne, ON L3K 5V7 A -1 Asphalt Maintenance Ltd. Phone: 905- 631 -7308 2233 Harold Road Fax: 905- 631 -5496 $989,819.87 $989,819.53 Burlington, ON L7P 2J6 Peter's Landscaping Phone: 905- 651 -3457 320 South Pelham Road Fax: 905- 732 -5782 Welland, ON L3B 5N8 S \1 Capital and Current Projects \2011 Contracts\2011- 240 -10 Queen Street \Tender Summary wpd 2 • i► i/P Down w . Niagara all Board of Management March 3D, 2011 Mr. Dean lorfida City Clerk City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: The BIA Board of Directors put forth and passed these motions at last night's meeting of March 29th, in regards to the sidewalks, they are as follows: 1. Tony Barranca seconded Dave Govan 'The BIA would like the City to proceed with the tendering of sidewalks' — unanimous — passed 2. Dave Govan seconded Joe Mrkalj 'The BIA would like construction to start at St. Lawrence Avenue heading East to Crysler Avenue as the first block starting preferably an the North side' — unanimous - passed If anything further is required please do not hesitate to contact the office. Sincerely, Toni Williams General Manager Downtown Board of Management Office & Mailing Address Tel: 905- 356 -5444 4660 Queen Street Fax: 905- 356 -5667 Niagara Falls, ON L2E 2L8 bia'a!niagarafallsdowntown.com www.queenstreetn iagarafalls.com Downtown Revitalization Phase 2 — Streetscape Queen Street St. Lawrence Ave. to Erie Ave. Presentation to Niagara Falls City Council April 18, 2011 Existing Conditions • Queen Street has numerous streetscape issues that need to be addressed, • More work is needed than a simple clean- up of the sidewalks, - Majority of sidewalks past the service life • 2 +years old.) Existing Conditions • Some sidewalk areas lilik....„ � ` c. have poor drainage, } .w, . • Deteriorating ; = ,� w`�� `. t interlocking stone. �' m � ` ,;....-1,..,,,....-,.„ � � " . , s�, ' - . . Existing Conditions • Ch have been removed but curbs �" need to be realigned, . - �_ • Site furniture in poor shape and require replacement. - s ;.:-.;....: ,. 1 ,,,,,„i! , ,::.;,..- Existing Conditions • Some trees have roots effecting the sidewalk, r :r • Many trees in poor�,� health. 1 Stakeholder Consultation • A design group of City staff and Downtown BIA members. • Designs were presented at 2010 Springlicious event. • A design charette was undertaken with stakeholders on June 17, 2010. • Additional written stakeholder comments. • Staff met with Downtown merchants on August 12, 2010 for input on priorities. Goals • Through stakeholder consultation goals for the project were developed. They include; — Provide for expanded retail opportunities, — Conducive to street cafes and events, Define the downtown area and establish branding. - Make the downtown a tourist attraction, — Make a great walking experience. Minimize business disruption during construction. No major work during prime tourist season. New Streetscape Design Highlights • Widen concrete sidewalks with banding, • Asphalt roadway is narrowed to 7m, • Flexible parking with mountable curbs and removable bollards, • New trees with soil cells. • Gateway arches, • ''Sound system, • Updated site furniture, • Public art. New Streetscape Cross - Section Y 1 I _ f ,SwIritt I i s IP - --_., 11111111- fF, Of AL _� g �If sa.i 3 O km.y Zone 3 5rt L$! n.smw 3 FI IbS MOON ...a ae..w Concrob r -- ea.n. wwn ie M ____.___ -,] New Streetscape • St. Lawrence Ave. to Crysler Ave. U Z < C I J , 9 C 1M —____-___ _ _ _ _ ____ le - , 1 W ',. , Q Ili K ■ 0 New Streetscape • Crysler Ave. to St.Clair Ave. New Streetscape • St.Clair Ave. to Ontario Ave. ! U W � I i o I E , New Streetscape • Ontario Ave. to Erie Ave. '' 5< 1 I _ = ..... = - 1 , ) , , t ' I _ - - - 1 1 New Streetscape • All new trees & preserved trees receive soil cells .-, 1 / - -.- 1...„, New Streetscape a ■ t New Streetscape Where are we now • Sidewalk, curb, bollard and tree work tender closed for approval, • Sound system installed, • Archway ins in progress, • Public Art RFP has been issued, • Site furniture tender being p repared. New Streetscape Next Steps • Sidewalk, curb, bollard and tree work Apr. to May 2011 and Sept. to Nov. 2011, • Street Furniture July to Nov 2011, • Arch installations Mid- summer 2011, • Public Art — Summer 2011, • Downtown park design, • East and West gateway designs, construction subject to future budget approval. Downtown Revitalization Questions?