The URL can be used to link to this page

11/22/2016 ADDITIONS TO COUNCIL, TUESDAY, NOVEMBER 22, 2016 Reports 1. Lundy's Lane Streetscape Master Plan power point presentation 2. Winter Maintenance Operation power point presentation Consent Agenda 1. CD-2016-03 - Integrity Commissioner a) Email from Sylvia Muste b) Information from City Clerk re: Legislative changes Communication 1. Ontario Ombudsman copy of full report 2. Downtown BIA - Filling in vacancies on the BIA Board RECOMMENDATION: For the Approval of Council 11/22/2016 Lundy's Lane Streetscape Master Plan Council Meeting November 22, 2016 Lundy Lane Niagararalls NIAA.ALA IAI1, Introduction An Initiative of the Lundy's Lane BIA Seeking a unified aesthetic theme and design guidelines to bring Lundy's Lane to a similar standard as other tourism focused BIA's in the City of Niagara Falls. Lundy's Lane Streetscape Master Plan Nov. 22,2016 City of Niagara Falls Council Meeting 2 1 11/22/2016 Introduction Consultation: • Lundy's Lane BIA • City of Niagara Falls (Municipal Works, Operations, Planning, Transportation and Transit) • Niagara Region (Planning and Public Works) Lundy's Lane Streetscape Master Plan Nov. 22,2016 City of Niagara Falls Council Meeting s Introduction: Organizing Principles Study Area: Main Street to Garner Road • Length of road is approximately 6km • Character changes along the streetscape, street is evolving • Master Plan focusses on key areas along the street Lundy's Lane Streetscape Master Plan Nov,22,2016 City of Niagara Falls Council Meeting a 2 11/22/2016 Theming: Reference history and existing features on the Lane 1111 ;' • ' •�1 ,' , ,e' LAI 1,,Iiiit , r . ...iirer r . .:!,,,.. .. :. ..1,,,. . . . .. b' •..; _ ,. ,,....„,_00.... . 1..0 �.. . ,, I i,,. .r. Lane Streetscape Master Plan Nov.22,2016 City of Niagara Falls Council Meeting 5 Theming: Street Furniture -, ,:o A !rit -1,-1-7 __„,_., L, --n—, .... .. _ .., ..„....,„„....„ ....,..„ i ,. . . ....,,,,„.. !'..SAN .a ._ -. i ;fill _ i, - „I` 'Ia. - �it1re a i'A Lundy's Lane Streetscape Master Plan Nov. 22,2016 City of Niagara Falls Council Meeting 6 3 11/22/2016 Theming: Intersection Improvements $fi ' + Ri'�{ •r .; l i-_4 Seasonal floral displays � a sy.' Larger decorative street �, z y,J ^ name signs, x y Banners and hanging .,'4 :,i...z. ,,4; : Baskets 1 : -1 fi Utility box wraps r' Seasonal Lighting 71ii Displays Upgrades to Lighting Lundy's Lane Streetscape Master Plan Nov.22, 2016 City of Niagara Falls Council Meeting Phasing Priority areas did not in all cases coordinate with time frames required for approvals and other initiatives in the area Three Phases were developed Nov. 22,2016 Lundy's Lane Streetscape Master Plan $ City of Niagara Falls Council Meeting 4 11/22/2016 Phasing Phase 1 Relatively free of constraints with respect to anticipated construction and approvals. Proposed Design commencing 2017. Proposed Implementation commencing 2018. • Drummond Road Medians • Kalar Road Intersection • Garner Road Medians/Entrance Signage • Street Tree Planting • Light Standard Upgrades Montrose to Kalar • Light Standard Upgrades Drummond to Highland • Update Light Pole Bases Kalar to Garner Lundy's Lane Streetscape Master Plan Nov. 22, 2016 City of Niagara Falls Council Meeting 9 Phase 1 — Garner Road Gateway and Entrance Feature �^ yy Lundy's Lane Streetscape Master Plan Nov.22,2016 City of Niagara Falls Council Meeting 10 5 11/22/2016 Phasing Phase 2 Longer time frame due to required approvals from the Region, OPG and/or other agencies. Proposed Design commencing 2018. Proposed Implementation commencing 2019. • Main Street to Drummond Road • Parkette at Canal • Trail Heads at Canal • Push Button Crosswalk at New Fire Station Lundy's Lane Streetscape Master Plan Nov.22,2016 City of Niagara Falls Council Meeting 11 Phase 2 — Creation of Public Space at OPG Canal Reinforces other City Initiatives: • Improve Gary Hendershot& Millennium Trail Connections- ,,..141611111M . 111111111111111L • Parking • Improved Street Frontage Lundy's Lane Streetscape Master Plan Nov. 22,2016 City of Niagara Falls Council Meeting 12 6 11/22/2016 Phasing Phase 3 Require the longest time frame, dependent on road work being undertaken by the Region. Proposed Implementation beyond 2020. • Highland Avenue Intersection • Montrose Medians and Banner Poles • Dorchester Road Medians • Lighting Upgrades Highland to Montrose • OPG Canal Overpass, Bridge Improvements • Montrose Road Street Tree Planting, Banner Poles, Intersection Lighting Upgrades • Gateway Feature at Main Street Intersection • QEW Overpass including medians Lundy's Lane Streetscape Master Plan Nov.22,2016 City of Niagara Falls Council Meeting 13 Phase 3 — Montrose Road Intersection Improvements _.,'l • Banner Poles `""`\��\,..�� • Lighting ------- 140b$'of Upgrades os •, ��‘��'`�' t��n�,�, • Street Furniture Road . I Planting \0000. . • Lighting Lundy's Upgrades Lane \� • Tree Planting toward QEW Lundy's Lane Streetscape Master Plan Nov. 22,2016 City of Niagara Falls Council Meeting 14 7 11/22/2016 Phasing BUDGET Phase 1 $1,547,412 Phase 2 $2,034,414 Phase 3 $2,105,046 TOTAL $5,686,873 Lundy's Lane Streetscape Master Plan Nov.22,2016 City of Niagara Falls Council Meeting is 8 11/22/2016 Winter Maintenance ki- TI . ‘ Oera % -, , . . - '' _. kyy .. ....-..NL:/... ...,.. .. ... .i. .t-- . ., . , 1M► .,.., ,........ ....../‘ , . p E Ari November 22,2016 Niagara C1NAI)A �� ',',,?=,;11:0114**IfittI**S4rf— -N_-,:':4'Ai 1 1.7:::.:!---,-. 7a I '' '''''' 4- 7........t.4,' ,-ek, . 1‘ 1.."s; ,,, A,..,.4 i I.jii ,,__;., ,,,,, , .. „ c , I ,t.,.... „..4.4„4 „.,:_ktiskk:...ti?, ,...__, _. ck74...., ,,,1, 1 ,...,.f., I,,,..k,_ .,:,..1..44;:$441, 4;7,4,_,''.44.1,*;;`''i-Ail!gn*„.,,, „.,.4„,._„Ip-'' i � stn-14-1,‘:,: '� n ' .,'; ‘,".;',-'2--- "`.>'x..... ' '�G.1 .Q res`. ' ,s3,t - .,..,„,..r.47i,,,;.',A-f".**-.:V-iit(Ae:r_ I. ' -ruttrvilf4tAt :1'-'""att'' ----'''''' "''''.-: -e. tretiges,1,-,,--xre.„ . ..,....„:„.e.,,,,,arl.t.,;„e.:_i„.:*:4 ...,.„,, _..,..4„,,,i,,,.,t4 .., .i......,„ , ,, ,, .,,,,,„„A ,,,,,,.,.,,,,., ,,..., ..... _.„. .... ,i ,4,.., .,.. .,...„, vt...4.44.4,,r_ .. ,,„ ,,1._,W7rt.7,- :-'4:---S.;71..,,.'=1-7--,;...-J....t.,"-:,......r.. -,...,,..orwatt.„..„16 #' `" €. ms's ' t 1 11/22/2016 Budget Breakdown 1 • e •e 1.1 - 'fir"S m E, Services .....,.. _... - ._ _- Forestry Street Lighting Services $749678 1.2M Road •Roadway Roads ■Roadway-Winter Parks $5.2 M Sidewalk $2.6M •Sidewalks Winter $595,130 •Sidewalks Winter Roads—Winter U Parks $3.2 M Forestry Sidewalk Street Lighting $736,096 Total Budget Approx.: $14.3 million k . Winter Maintenance By the Numbers fzge0Open-abort t 14, � l L F dpi { R § s c4 53„r," a ' ttlie • _ F I� 2 11/22/2016 Wyd . p _ ., .., , _ t* , __ inter re ..:ara Ion -. ;.. .. .,„....„:„..„, ,„,,..,,i,,,,.,..„.„,„0,7,„.. ., -ii• -•,:,-1.77:774,-,r,,Z RtILV.fq*,7C.P.,:ti,`;,-ct fici-le-kr-:,i,4it,'":;tt!,::-,1,-,,,:7:i ,v.,,,.... ;.1 I ..,, , ' -'4' ,i.,.:i r:. : .- , birm, -,, - rr+- kw -+sem _ '..._ . .,- x Route maps reviewed to address any - changes, additions or ongoing construction , Winter Pre 0 aration :44°4-01..i . . Coordination meetings with supervisory staff, o•erators and contractors Training opportunities for new staff i E M t , �, n s _ 3 11/22/2016 Winter Pre aration 1'174 n .. .. . . ... ..,,,..f.,5...:......,,,i,!,,r,. . 1 ,„ a=. :� , tet"i,:i x ?i'S > " t , E -K.;f ift- -f4/ .' l J 1, r /f l t1 J off, 1( / yf i. �fi. , r..i/.. F` 1d']ir '1 'i ( r!I.T'''', " 1 , Snow Fence Installation . . Winter Pre 114 aaon ,.. . , ..., / .. 400 ..,.... ,_: , - ,-V . v .. . ... _ .. . . . ..,, ... , tH:' it 1 411 . a- .----2--. -,........... 1 l''' 1 q. i ,. .. .. a ........„ Equipment Preparation 4 11/22/2016 . inter Pre . aration . . .• h il ti1k.t F Anti-Icing (Pro Melt) �- � tik Winter P e ara ntil- •. . . „ , „,, . .:. , . _ • . • . . _‘. __ • „,-__ • ..,:„,,,, . . . •...„....-4.••• . `,: ..„, ft" ,e Fiberglass Snow Markers 5 11/22/2016 0,411‘. . Mist Area ajg .. . 0 . _ f-..,'A.-;'-A,ThTd-.,"-,-!v•-•,,,-..--Z,-,... .-.'w:,-*.: '-. ' -,:: ,7,.-W.;':,-'-',-,x,.-,-,.:,,,...0--.-z.1:1,. ,.-' '' :.---- ° •' --- , ,--''';t.V.,-.-,-,4.i,,,-'. .;., ,-.L.,,v;,..:,...""4,14;;‘,0_,.„-'',.-':,, ,),,- . ,i ' V r 4.41... .i , , . . • . •.,-,--.. -.1-.- . ..-.. ...... .....-..,' _, . 17 ..; ,-,:rtfy-.4.--*Iamii-;;4161.1 ...-.A-,4:iik-61-,.-4-iNvik-,--,...,---, -....40,-,,:2",'',-----irr': -2 - - :'' • ., '- 'la.' ' ' ':- ,x--4'.44M-554A,-....174...V.MtiVila-..-1',;.Sk-nr-it-.;,P4-4,1,,,N,.. ...— -- . , . ,,,,• - , —",-1.• -...,,,. ,.• 114;, , ... - ';'•,,.:' - 11 ' - 4' •• .:. . v" "•..i V' , k , . k -. •)'. r ,-. .%'—' ', k .. .44-.., ... „. „.. ,.., ;. •. . .,`, Lc - At -.;zok : g ', .f It .,.:'•''.t--„CQ ..,:'!'',' . ',,-... -. .- .,. ..:.;‘, . , ' . '' ',':tt'i.',4 ----f -it'-, ,'i:t--., -,..-4 tv.. --4'.,:-.:t,.,.,,.--t-- . - •:!- . - 1 . , -..- '. '1* -t'''',-0:--t,,,_•• '--.---4:.„6:.•..,z,1 .,....." . . , tt4:21., \ta .. . . '- i 011ik Freezing Mist Sign Location ** .... , sisialwortmossaissill '.- m""""iiii I'M.001111 4=11 mrniiimasamft-min 111011111.1111111111111.1P is Num us . II INA 1111b*v .Apiimia 1=1111 .,:411111111:Miiiiii impwalm on umons• II I 11111111111111111Mblammomilli 1ierlin. 44 -- : 1111111!!? 6 11/22/2016 w* ter in Program Provincial Regulations on Deployment 's ,;,'k`s"n.:` ..+.F,...v•zss=:;11,1:,1;;C:4?*;,,'::::144,;:11-74}4" Minimum Maintenance Standards �1 Snow Accumulation(Ont Reg.239/02/10 �x Sys§ Gass a Highway Depth Time M,,`'uhf hf,A}":. i. '* Ski. Class 2 5 cm 6 hours x Dorchester Rd,Katar Rd, 7: Portage Rd,Morrison St, s ,"-,,,,A-0 Ferry St. " 's ��' 14 '� Class 3 8 cm 12 hours 4 r '' Riatl St.Morrison St. " .. Valley Way,Beaverdam k. $ Rd. Class 4 8 cm 16 hours " e, Residential Subdivisions ' Class 5 10 cm 24 hours ',�; ' Cut de Sacs,dead ends, tj v minter Operations * # t d► November to April P(''!:-.:1; ' , , a t4a y' .,fi * «:r t # .r.."''. l r 1 a j t „ ,,)-1,-1.1 :,4,... .-l - v , 1 �' i; a . td0, "aL'A't 6 ; p3 .n y �k f 2- 3 '44z F-,k' A"e. '� Y 'F '�. � a "�gd 0. i t �z »� 5 t �w -, #*` .r+ �. tom ; kir ;r‘-'• d: '.. -. ^�14. ( r {. � , P ” 4 i .)t . t rh V 5C is �x ` s --7 : ' ' :- f , 3k � j 5 Aa t ,-7n1:.-- 4t. ) Yt . -, # r .k* 5 7 11/22/2016 Oak iliji V di . . . • arious Weather Portals ,. ,. ,..,_ _,_,_,,,_,„„,,,,,,-„,,,_,-,,:,5.,,,:: ,.. a" x^ .�,- a,a'am"" sem. Z a tr,,nwc ¢Illhr GHGTA SeycreweUherMelt Zone • * 1 ka--- ',1 - , glit.1:-.: 1 i ,-44... - ,, . ., . ,.. i _ , . . ...._ ., - — - . _ _,.„.. . „ .1111101rpr 1 The � Weather o Network Y• theweathernetwork.com >a. o; ; a ;% 1.3 ..66x.``-F` 's ;„ c' g.. ,y � , , , ,.t`A ^. 2" t "a 'r, to Sd R Expecting a Protocol & ProcedureSTORM? Precipitation» 2.5 cm 8 cm 8 cm 8 cm When a winter storm la.. blows into town, it's everybody's Forecasting Patrol Data AntLldng steno sandman Sidewalk/ PlottingPost Storm responsibility to Arterial Begins as Municipal Parking lot Operations Patrols! do their part. Roads Roads Maintenance Service Concerns Operational on•Duly Deployment Scraping! Deployment Immediate Plowing is This chart will help Supervisory Stiff of all salting all cat out of rated in you remember what Staff willoperators operations operations contracts priority services to expect monitor Starr to begin on all Staff to plow balers sequence when the snow multiple lay anti-icing arterial Municipal with snow weather merial on roads,i.e. roads accumulation i.Urban starts to fall. sites for a material Baseline lo Ban or 2.Rural consistent ads Provi tial more ro3.Residential forecast minimum to plan maintenance operations standards Continuous Continuous 8 hours 12 howl Snow: 24 bows to Priority 24 to 4$ prior to or wRil 12-241auco completion of removal: hours storm stem cods lu: err storm ,224 n•umw 0-16 hours 12..44 hn•Rural Time to clear snow accumulation 44ra.Ar.... 8 11/22/2016 Full c Eventf Critical to determine staff hours for the initial event and subsequent clean up. Pre-Event /Anti Icing. Public Notification Main Line/Arterial Road Plowing & Salting. Sidewalk Winter Operations. snow Removal `il Sca 1(3 r ; t ,, vast .a � �'v ass z t v � � � .t� r�: '. °t v^��`� 4 . �z3��`` ,� �.� � � �� ,�.�E �. �` �,� ¢,,,», z ,�� xr.y.. W'`�� „s,�.3�...N'`t.a'�c ,,�.,.�i .,:".,�,..»'�• c�, ,r...„ <s�ti,��.`��x s=.`u''€.,�.n.>,�&�'*a .4.":� � :_z='� � ^$29,. Ym fr< , �r zx , ,. v ---- tY....„'.,'"4".„;°'''''''-'7,- 'a:. - g,. A 0 3 '� a � � .. '' ._.....;� ,.,.., �� ... ::T:.t 9 11/22/2016 Communication l'1,::::'-' , _. --..;:;,''' tl'I Record incoming calls through Cartegraph Monitor vehicle activity through the GPS installed in each radio Notification to the Public -:•Hot Line for Plow Updates ❖Email Notice to Council ❖Website Notification/ Alert ❖Social Media wa _ inter MaintenancelkAs .. .,. , ,,,,,,.I , 7,'trt Tr ts-4 ,4).„.,..,,,,,t, , ,.. . . .. . , i„rff. , , . , , ,,_ , r,„__,....., , „,,,,.--,-, .,,, ,T . ...,„„: t z e. III N 111 , ' i ... i 4:* 1 I i ¢ i . ,x 1-, - ' I _f o * in . s IS 1 ,,,I1,10.1.:**t x /' 10 11/22"/2016 hi - Ex i a t i 0 ns . • p u ,,,,,,,, 'r-'''''30-'''''''-`44:4:--5"'''''' ' Ta Pect '" � - a j s""'' ` rte,'-.: •;. '3'`',,,,,,,,r„-t-,3",.. .---,t.,,, . c il'i ',ric e �.I < 1- r - `K.,x :.,�3" -44:11',-,";-: 3 �; „.,,, (car 3 � :-,z,,,Liz,,,,,-,,, . s s1,1„ ‘:","—„i',,,,, u r ? v 2- ,„, , - ,...,,----- , 4 . .7,`,-4,4e, '1:114.''''' � tt � '4,4 y am ,. ' �� a' '� w, _„...,,,,,,:,,,,. t 9 1,k.'-'4-, !.i.,"`;;‘: "d V417.,:?f,',—el-,.,-.'t:''4''w t',,. '• 14, 9 �.j+ inx€ "aT« I » >'S x"Sa.-.. "U�p 5 a��.7. �, ':.'wt1,4 _ .ice. X e, " _.. Osill es .,k,„_, .„,......5,. I I e n g "}3 ¢ �a�xaA'+ ..-k-,,,-'- s e .�'xa. .'1w�� ' ` ` l I l gni 7�� E.f k t ` ) ��. N. • atm'uy. � r -'`','"'34--AY �m�; ... a `..,,: a "1�`a # C..: ti. " w is "+'.' riy s 5 $` t 'g �, r is12 sa y? '' . f' r �" ��,�yy F y Nei � ! � ,[� l: L i fi ''" i �6 4»a f� � ! 'mob$ ��{�' .. . S .i ,IgYl' . n.. ,,..- 3, i.'�e+ Js:b £.n rEu``. r#',L' 11 11/22/2016 Challenges 4 �1, g5p�pg ... . ....,„, ,,,, ,„,„,,,.„.„,„,.., 1 y' .... ,...___. ... t TTT rk y..i �WAS--: W.S^. '{ �. a yp •,. .�:;+� +a a Sidewalk Snow Plowing Challenges gi.,-A M.9 .. 'r M . . ,...41k„._ ,,,:),,,, . , , . - ..:10 - , ,..1 ,,,,, 7 ' ' r l > 400,0. T i0 , i I. ..* •, ' 4 . • Parked Vehicles . lirrt.'";S 12 11/22/2016 Challenges ;.; • _ ; :,. I 1 ._ik :1111., *. ,_ City Sidewalk Depositing .= a . Chaflenges ;.. .... , , ., ‘...#010 , .,. ,.„. - _ „ .,. „:„. -,„„,,, a, . ._ _____ r...._ .. ...,. , . . _‘...._ v _ ,...... ...„, . . . , .. ,..,.....,..,.,. 4,,,,,,. . rt- ..... ,., ,.d _,,,,titite -. fir`" x Curb Faced Sidewalk ''.0 13 11/22/2016 tWeitin'14,,-,,,,,t!:-.-„, - , ,.-,,,--4,-, „ , , - , ,-,_;„„, -,--4.„,,,,,,,4----,q,1.-, ..r,taisst.L..<7.,, ,,-_,-,,,,, Challenges :11.....).:. i1 i:4 .1*, 1► g' :=IS , ., A r e � �' k Vir �.tist we '.D *il b..i.t.74.14,11,2 II: liii ! Portage Road Walkway ; 4 , w pook Challenges awl, war ,:-::,,,--::7::iflt-Uttiv:i„--Lt l z -,::,..1,7-1-:,„,,,,,t,-,-.. .i CInnovation• l E ' R { 111111 Snow Removal - Parking Stalls -01 Queen Street r.,.=".,'' L `x.. w„*k �.`i. .=v....."` .. ..:'^r�)"�'''"'.V9' � .3 .«,S'; , .r •YCx _"d°T.s. 14 11/22/2016 4Challenges .. . , .,...„.,.. . . ,.... ,, ., :. . ,..,. 1 .....,..., ,,..„...i, 1 , . ...„. ,.„,,, ,--.4agb,..'""---.77"'-'7"' -,.....•:.-n-,T''.--- , ' .,.-;:•-11 T# pis "v.- ,,si i,�z�5`Yi• ,.`d .i, h „,p� c,71,-.1.- -1.:,71.,:,-.,... " .'_> ..,*. w., A Maes ro�u, #p'... F ` rte t a Emergency Road Access 4..lb q ...„,,pt. L. .,,,..• Chaflenges lvt 1I') ) Ili ,CL,I itM L. ,,,,,•. .-,,,,4,--,„ AI 7 a',,7? S ' 4 A J .84 ...„..... ... „:„ . . f �� f r � .„.. ...,., Plow Damage z 15 11/22/2016 a: -47,.,,.1';"„;.,--'-...1' Trails W41 1114)) hPik rMiI • Ann '` .. i 3 - ��. t '4-f l$£' \ d. V. �t A ,'\ •• , asaAlf9—ii., ` V• • y vt P .,, - citi:i u�. '' •*_ �. �.an�..int.• ? ii f "'-KK.,.., y ^"2 F 'y12 �l 1/' .,','-',..,..':?,':'!t,,',::.', -97it 'u1: 1 t :',,.1-,:._,'::::„. 4"11401ra ''''''''''''*-N-.-'''"-``."----"qtr‘'.-4.'..''';‘.7k71::t '',..!,,',,,',,,„... i;.:,-,,,...1-i-,'git'lliro:.,:: '..;:-. .?:-!t- ,,, . , .,„. ,...,..„_. . !.. - -- --.-„t.-..,. -,.z".:;.„-....„,.-,„..-4 4'''..itIkkn,LAT-F‘i.:::,i-: -!--il:1-.'..i,iiittt..' ''' r 4,) .. _ \ yam, § qq^,AF (d • .ST i. Off Leash Dog Parkdal . . • .4.„ ..._.z. • , ..•. ,. ,„. , . ,. ......„, _ 7 t - '' - .''' . f ,.,. ♦. •v. ; ' •7-�,4.T 1, `�. 'fir 'Alt,� �,2_ 071 j"!! -. i '. N i II • 1 1 1 Days k - ` 4 _ A 1 . ar . 16 11/22/2016 . .. Ca ,. „,„.„::44,,,‘, Request: ,..w,.. „...„.„,,, ,,,, rteGraph Navigator ,.., 1.-:•!TAICAV:kt•-• di:"'lk.bit Review 2016012075 • ''' ' is Administration Sims INe. Sho I'm'''''''' +*;‘,.'ie:',,tr• cm.,inimmation 18* E ,,,„„,,,dro. is,...v''' sAtt;4^,' Row. IF., '- ''..'N''''f't", LL,„„"'"' II"'". cod. r .„.4,".14-117/1 - I-3 ,i-- I f_, ,,— t---,—, Lk' '•-":,,i. i-, ',suet 114COGSON AV 11.88.8.8 h.,..,,,,r,..,,,,„,„,... 9.8181-81,8 E Ciy F.,,,,due, I ob..,..D.M8. UtsINa p...04.,.., 19( E 6 1564 53 't ra awirmiimi.,.. 15588 WM swe 1HODGSCN 88 *ft F.N.rt. I S. I I 14 i P .1 . FI ""cat*" II- Z_,I ,..... ........... I- 2, r....0 ....o......A.2 110...13.08 . , E,..,,1. f4IINIel, TM:Ldqt, I I 1 . 'ilr.,L: i .8.888 ne,."_j r----- A.on D. I .7... Akti!7 D. , NO" I 1 5-';'''''''''" 1 A'''''N'7". I ‘/Ca"64 11-A—.....w° 1 ., .,•._ #04, GPS/ AVL VehicleMonitoring . . 11111...01. ,*,...;.X.11.1*7"1.,' 'S-A41"711 Vi.;j'`:475keit,..1"1: , - . :‘.1 1 ; ;'.4'''Asiiir;!':ic'W --sr.s.-ts,:issfr- ,,, --, • - , . 1, .. - ' 0 I II ' I'J '1 U, s-fZI..-,‘'Sik` \.,.; ''-'4'74'46-11.!2''''''''''''''''' I ''. •'[ ''. '''-' ' , , .I II slis',: ' ,,,4 0,40*,,,,N11,---- rrst11:45.4‘.--.$4sA f 4 • . 44:4 .„ ., s, '1•,-',' . ' 2--' ';,:•,e; ,. 1,-, ..i,:,,..;4.-;.R.-iii.;,:,:li,:-'''',,,,:t.,-,-F-'t,,1-,fie '.'..--.,,WW4Z-' ti1:12i,'W-''": ,.." .1'..'.1-: - _ ,-, 4.s..!:;1' )Flikt .. ,iP - .7f1. 1 fr :Asi,41.01 ..A ..,'3,-...74; -; il 'Y';:„..4k,:,,,,-4,-..s,4*:. e,I-z...-t 1 ,',, :1- , OV --Lr , ..i,,. '. ',1,44).-itt ',•:,:::;.4,6 4*'''';;Y:-.1; ''.4 : 1 1•''' i ,44'141,1;4'4Wi.,,,Z,' 1,4 , ',, ,,, ' '',,, ,A,4,,• tz'bRiy:eirtiy,"*.47,,AVN.,;:ieZt, '-'"1.' • - ' ' , -''' I *Mrt:424114.,444i7474a,S.;-'1,t7,,,,' 44 . ,, ,:iy. -:1-1,;-v ,- -. v...4,.„ - . , ' '-,‘.. '-'4:* ''- - .--- - '1,-14 '''''' -'-' ,,-4 ,„ -`,...;wl4171 ::::1 , ,..i,i-. ,'.2':'4)044444:irir4Ai': '2iiiM4 .„ ,.....,4;;;,,,'.f:4,:''''AVAtki:IfY.C414':7-ir.k4.4;'%4;i44, -C'4c.;..i:VA 1:44''''' '''. ;:Plii!.! :ilikg;;Fii;k4f1FAftt!-::Z4IPA:'1-.:::V:7!:r1:1441 ,,t , ,40;,?..41t.i.lis4Sit4sss...Ltss,„. 4.-t, 'jz,e1.1iiat-lekj-:,,a4!:41.4-'.:84:8:....,.....-.-•- ''''''.-V1 --%114-'' ., .'.44:47.-All.kin - / , 0!V:Xi:41',%...,-'. ' 17 11/22/2016 ... .. t R D2oemQgin Label AVL Maps Status' D Tracks 6 Print Mide ai Filter IP Files Data�'r l SpGraphs#FI iii .1 Road -c.:zl -.tee 2 Frarer St BCW Palmer Maprtal Park 6 77F907 mh o Mem.,SI ...seen St Neon•SI a y S 43 fsridge St a y Bridge St a0 a:ry;ew Cemetery s WIElm St ri Me>a 5' Waste St 7. 103 Mem,st 1-1,0n St GPSI AVL Full Scile Operation ^ • %•t,-,...,51...--...w. j .»a• • •.. . ....^"c"41 •. Fans B s i i F g • F.,,,....Cemetery ••t ,• • •Si$Ortsye,3t• . •F' j s• 1-.• nni ••r • .... pge Sa.•... • ..• . , • S • 1e9,. ,,,• •••s rz„k,,, .1/3/201012:18:39 PM 9i.. • • . ..• . .,,t103/201i0,12:18:39 .912:North/359 �,• f • M�,m�5' 1 Dry Material:0 W • Wet Mea&:0 Zm W.,. • Grand Temp.0 f �s,•e i l' 13 ,Air Temp:0 • .• Sry• s 1Maer.<I '''''W'et t+y Meterial Type:0 d" Mormon St sa 3• w• ••• • S• • ' Wet Mateettd Type:0 + )kat:Not Paused Tr • 61akt:Off Ztrtt 3 • •C'*315.tt• ,• b Oakes Park .ms• • } . Cra.NorC R • a •• 18 11/22/2016 Technology , 4111111 ,. tr wpm._ v i dir,,. , 9 ,....64) coi �� :.. ... r max .,,* kf,:.,1, RrIgw,oat 1. oad Patrol Dashboard Camera Technology 4 ,-- X 0,7-,,,- #. SURFACE ,• _ d ,, TEMPERATURE 5 . :3 " sYYi .;,..... AIR TEMPERATURE : W + INFORMATION . .,* <. SYSTEM . e `:::::_,L.7.---,- f . -- ' i New technology to measure surface temperature and record actual weather conditions 19 11/22/2016 Technology * . . 1 . . . . , 1. , . , _ ., . . ,. , , .., ,, . , � N " ' I‘ rf Paid Pretreated Road Salt Spring 2017 (April/May} •. . is r t „-4.k„� ,` . :if4 k b ` 1.' b� ,'r t e i2 i t$ 6 c 4`a ' Eiii:iII: e'v .*amu 20 11/22/2016 Snow Buddies Prog ,.. .., , ram . . #♦ t . } *r - Volunteer m • *` .is.� ,y,, ,. Community Supp • oProgrart itr/A �'" :4' Services Niagara � ., Tel: 905-682-38 www.cssn.on.ca00 r ,?f€z Snow Buddies ft ' t,` ` i A y t xy �k rg• . i rya ' a< Questions ?f iit-E',,,,6-- i:ii..4-?,-tritat- ;.ii,i4,4%.4 1-Q Comments ? ,....1,,,,,-..-..„, _:„.,,,,,„„:„,,,,,„„.,,,,,,. .„,,,N,,,,„..„,,,,,„_-„,..„..., „.„,__:-.,,,,-.... . ..„,...,„ i A 1...%tne WA- ;"-.1C-4.1V.W.:::, .r.-, =-N',N.--c,.`N.Nf'-"41 , ". . -.1.L.,0.N.;;NP-.. ='''''-="''', ; AAN "---='' '''v,io'''''''"t"''zi'''''''''''''''-‘-'' ;' ' '1' ' ' ,Nli..,7,,,,,4,,,, Further Information ? ...i 44.4 ,, , ,, 4., 21 Dean Iorfida From: Dean Iorfida Sent: Monday, November 21, 2016 4:49 PM To: 'Sylvia Muste' Cc: CouncilMembers; Cathy Crabbe Subject: RE:Integrity commissioner Attachments: ICNov22.pdf Ms. Muste: Thank you for your well-articulated e-mail. I certainly appreciate the point that it would seem unnecessary for Council to have to incur such a cost and, in fact, that is one of the reasons that many municipalities have not hired Integrity Commissioners, to date, despite the legislation permitting such an appointment since 2007. However, what today's newspaper article did not indicate, is that the Province introduced legislation last week, which will make the requirement of an Integrity Commissioner mandatory. I have attached my report to Council for tomorrow for your information. It also outlines that the hiring of an Integrity Commissioner is recommended by the Ombudsman's Office of Ontario based on the complaints they have received related to Councillor conduct. I can assure you that I will be working with the other area municipal clerks to see if there is a possibility of a (cost) sharing of services. A hard copy of your correspondence will be provided to the Council Members. If you have any questions, feel free to email or contact me directly. Thanks Dean Dean Iorfida, City Clerk City of Niagara Falls 905-356-7521, Ext.4271 905-356-9083 (Fax) From: Sylvia Muste [mailto:smuste0l@gmail.com] Sent: Monday, November 21, 2016 4:15 PM To: Dean Iorfida Subject: Re: Integrity commissioner Dear Mr. Dean Iorfida: I would like to take the opportunity to address Mr. Mayor and council. Mr. Mayor and members of the council, 1 It's shameful I need to address this issue with adults, Mayor and Council to make matters worse. I can expect some of this behavior from children who have not yet learned how to appropriately manage their behavior/ emotions; however to even consider using tax payers dollars to have an integrity commissioner come in to address this matter just demonstrates the inability of those chosen to lead in capable of such a task. What kind of message does this send to our young people in terms of interacting with others appropriately? I would be embarrassed if my colleagues conducted themselves in this manner and would expect my supervisors to address this behavior immediately. We as a community look to the mayor for leadership and I feel he should be able to control his council and not by using tax payers dollars to do something that being public elected officials and professionals should be expected to manage on their own. In addition to seek of their own accord the appropriate emotional management skills necessary to conduct in an appropriate manner. We are at a time when our families are struggling, making ends meet, the economy in the city is not strong, affordable housing and food shortages are all areas of which council should be focusing attention, energy and funding on, not behavior of members of council. Give yourselves a reality shake her and do the job you were elected to do. I would be happy to make appropriate referrals to emotional management/regulation for those who find it necessary to conduct city council business this way. Thank you, Sincerely, Sylvia Muste 2 11/22/2016 Government Releases Changes to Municipal Legislation—AMCTO Policy AMCTO Policy Legislative and policy updates from Ontario's largest voluntary association of local government professionals. Find out more at www.amcto.com I @amcto_policy amctopolicy in Municipal Act, Uncategorized ❑ November 17, 2016November 17, 2016 ❑ 1,051 Words Government Releases Changes to Municipal Legislation Yesterday the government tabled Bill 68, Modernizing Ontario's Municipal Legislation Act, which will introduce a series of reforms to the Municipal Act, and Municipal Conflict of Interest Act. While it's too early to assess the overall impact of these changes, we were pleased to see many of AMCTO's recommendations incorporated in the announced changes, including a clear definition of a meeting, new rules around open meetings, a requirement for municipalities to adopt codes of conduct, and a shorter lame duck period amongst others. Some of the key highlights can be found below. You can also find the full text of the legislation can be found here (http://www.ontla.on.ca/bills/bills-files/41 Parliament/Session2/b068.pdf). Codes of Conduct o Codes of Conduct will now be mandatory for all municipalities. As demonstrated in a survey that we conducted in early 2016, most municipalities already have codes of conduct for both council and staff, but we believe that this is nevertheless a positive development https://am ctopol i cy.wordpress.com/2016/11/17/government-rel eases-changes-to-m uni cipal-legislation/ 1/5 11/22/2016 Government Releases Changes to Municipal Legislation—AMCTO Policy CODES OF CONDUCT I Does your municipality have a Code of Conduct? 111 iiiime 1.,, ME MIN 'i AMCTO ... TN(AilIVKinE F%![RT$ Closed, Open & Electronic Meetings o There is going to be a clearer definition of a "Meeting," under the Municipal Act's open meeting provisions: o The new definition requires there to be (1) a quorum of council members; and (2) that those present discuss issues in a way that "materially advances" the business or decision-making of council, for it to be formally considered a "meeting" that should be open to the public o This is similar to the definition that was favoured by AMO and several other municipal stakeholders o There will also be an expanded number of discretionary exemptions where councils can meet in closed session. The new exemptions will include: o When information is supplied in confidence by the federal government, provincial government's or a crown agency/corporation o Certain third party information supplied in confidence o Trade, financial or commercial information that belongs to the municipality and has potential monetary value o Information related to negotiations being conducted by or with the municipality o Under the broader changes to open meetings, there will also be a new requirement for municipalities to report back on how they intend to address a closed-meeting investigation o Councillors will also now be able to participate in meetings electronically, as long as there is an in- person quorum of councillors Integrity Commissioners o All municipalities will also now need to provide their citizens access to an Integrity Commissioner (IC)—either by appointing their own, keeping one on retainer, or working with another municipality through a shared serviced arrangement. We know from the same survey data that while most municipalities have a code of conduct, not as many have Integrity Commissioners https://amctopolicy.wordpress.com/2016/11/17/government-releases-changes-to-municipal-legislation/ 2/5 11/22/2016 Government Releases Changes to Municipal Legislation—AMCTO Policy INIFGRIIY COMMISSIONFH I Has your municipality: 5% AMCTO THE MUPICI?AI IxPEIIS o The role of the Integrity Commissioner will also be changed and expanded in a number of ways, including by: o Expanding their authority to also include the Municipal Conflict of Interest Act (MCIA) o Giving ICs the power to provide advice to councils and local boards about their codes of conduct and MCIA obligations o Giving ICs the power to refer investigations to the courts o Giving ICs the power to initiate investigations into potential MCIA violations or code of conduct breaches o Giving ICs broader responsibility for public education MCIA o The range of penalties for Municipal Conflict of Interest Act (MCIA) violations will be expanded (likely new penalties will include suspensions or fines), giving judges more latitude when dealing with these types of violations o Municipalities will also be required to create a registry that tracks all registered conflicts of interest Fiscal sustainability o Notably the government will not be giving municipalities access to any new revenue tools. At the AMO conference in August the Premier indicated that the government is still open to this conversation but is looking for the municipal sector to make a specific request o The government's current prudent investor standards will be expanded to give municipalities more investment options o The MA will also be changed to allow tax sales to start faster, and be easier to complete o There will be a number of technical changes to property taxation, and we will share more specific information about this as it becomes available Staff-Council Relations o All municipalities will have to have a formal policy on staff-council relations, addressing the formal roles and responsibilities of public servants and members of council AMPs https//am ctopolicy.wordpress.com/2016/11/17/government-releases-changes-to-municipal-legislation/ 3/5 11/22/2016 Government Releases Changes to Municipal Legislation—AMCTO Policy o Municipalities will be given the authority to use AMPs (administrative monetary penalties) for a broader range of offences, beyond simply parking Parental Leave o Councillors will be guaranteed a minimum period of parental leave o This issue was the subject of a private members bill (https://amctopolicy.wordpress.com/2016/10/24/mpps-call-for-paterntal-leave-for-municipal- politicians/) a few weeks ago Regional Council Composition o There are a number of changes to regional council composition, including: o A new requirement for regional governments to review their council composition following every second municipal election (starting after the 2018 election) o Removing the requirement for a minister's regulation when changing the composition of council o In situations where a regional government is unable to reach consensus on a new council composition, the Minister will retain responsibility for imposing a solution o A lower tier council will also be able to temporarily appoint an alternate in situations where the permanent member cannot attend an upper-tier council meeting o In the government's omnibus budget bill, which was also released this week, it was announced (https://amctopolicy.wordpress.com/2016/11/17/regional-chairs-to-be-directly-elected/) that regional chairs will also now be directly elected Municipal Elections o There are a number of changes to the MA that will have an impact on municipal elections, including: o The lame duck period will be shortened, and the start of a new council term will now be November 15th o A change of the individual contribution limit from$750 to $1,200 (this will place it in-line with the provincial limit) o Imposing new formula-based limits on self-finance campaigns, with a maximum limit of$25,000 Climate Change o The municipal act will now give municipalities explicit authority to deal with climate change. While several municipalities are already doing so, this change will clear up any confusion about their authority in this area Community Hubs o The Minister will also gain the express authority to impose regulations on community hubs. We are told that this provision will not likely be used in the immediate term, but is designed to give the ministry greater flexibility in the future. Misc. o Municipalities will now be required to meet prescribed conditions before establishing small business programs o Municipalities will be given the ability to regulate all signs in their jurisdiction (this will remove any signs that have been grandfathered in) https://am ctopol icy.wordpress.com/2016/11/17/government-releases-changes-to-m unicipal-legislation/ 4/5 11/22/2016 Government Releases Changes to Municipal Legislation—AMCTO Policy For more: AMCTO Municipal Act Submission (https://amctopolicy.files.wordpress.com/2015/08/amcto-municipal- act-submission.pdf) About these ads(https://wordpress.com/about-these-ads/) Create a free website or blog at WordPress.com. Menu https://amctopolicy.wordpress.com/2016/11/17/government-releases-changes-to-municipal-legislation/ 5/5 Ombudsman Investigation into the closed meeting held by the City of Niagara Falls on February 10, 2015 Paul Dube Ombudsman of Ontario November 2016 Complaint 1 In July 2016, our Office received a complaint about a meeting held by council for the City of Niagara Falls on February 10, 2015. The complaint alleged that council violated the Municipal Act, 2001 when it voted in closed session to commit $10 million towards a proposed partnership with a post-secondary institution. The complainant also indicated that this matter was not included on the meeting agenda and that council did not report back in open session following the vote. Ombudsman jurisdiction 2 Under the Municipal Act, all meetings of council, local boards, and committees of council must be open to the public, unless they fall within prescribed exceptions. 3 As of January 1, 2008, the Act gives citizens the right to request an investigation into whether a municipality has properly closed a meeting to the public. Municipalities may appoint their own investigator or use the services of the Ontario Ombudsman. The Act designates the Ombudsman as the default investigator for municipalities that have not appointed their own. 4 The Ombudsman is the closed meeting investigator for the City of Niagara Falls. 5 When investigating closed meeting complaints, we consider whether the open meeting requirements of the Act and the municipality's procedure by- law have been observed. Investigative process 6 On August 8, 2016, we advised council for the City of Niagara Falls of our intent to investigate this complaint. 7 Members of the Open Meeting Law Enforcement Team (OMLET) reviewed the city's procedure by-law and relevant portions of the Act, as well as the meeting notice, minutes, contemporaneous notes made during the meeting, and other related materials. They also reviewed media stories related to the February 10, 2015 meeting and various letters sent 2 City of Niagara Falls i mbuds an November2016 ONTARIO by the Mayor and city staff in support of the proposed partnership. They interviewed all nine members of council, as well as the Clerk and Chief Administrative Officer. 8 We received full co-operation in this matter. Council procedure 9 Rule 2 of the city's procedure by-law' provides that regular council meetings are held at 6:00 p.m. on the dates set out in a schedule to the by-law, unless otherwise provided by special resolution of council. Under Rule 3, notice of special meetings is to be provided to each member of council at least 48 hours in advance of the meeting, with a list of all items to be dealt with at the meeting. The by-law does not provide for public notice of regular or special council meetings. 10 However, according to the city's website, council meetings are held on Tuesday nights and start at 5:00 p.m. in council chambers.2 The city's website states that: Council may have a Closed Meeting preceding the Council meeting, between 4 and 5:00 p.m., in compliance with s. 239(2) of the Municipal Act. More information on closed meetings can be found on our Closed Meetings of Council page. Resolutions to go into a Closed Meeting are viewable through the Agenda's [sic] & Minutes link. 11 A yearly meeting calendar is provided on the city's website, with a notice that the schedule is subject to change. The website states that council agendas are made available on the city's website by the Thursday prior to each meeting. 12 In three previous reports, our Office has identified issues with the city's procedure by-law and recommended that the notice provisions be updated to comply with section 238(2.1) of the Municipal Act and to accurately 1 City of Niagara Falls, by-law no. 89-155, A by-law to provide for the Standing Rules of the Council(19 June 1989), online:<https://www.niagarafalls.ca/pdf/by-laws/procedural-by-law.pdf>. 2"Council Meeting Schedule", City of Niagara Falls, online:<https://www.niagarafalls.ca/city- hall/council/schedule.aspx>. 3 OD City of Niagara Falls Ombudsman November2016 ONTARIO reflect the city's practices.3 Specifically, we recommended that the by-law be amended to: • require notice to the public of regular and special council meetings; • require public posting of agendas for the open and closed sessions of regular and special meetings; and • reflect council's practice of meeting at 5:00 p.m. for regular council meetings. 13 Council for the City of Niagara Falls should amend its procedure by-law to implement our Office's previous recommendations regarding public notice, posting of agendas, and timing of council meetings. February 10, 2015 council meeting 14 On February 10, 2015, 4:00 p.m., council for the City of Niagara Falls met for a regular meeting in Committee Room 1. After calling the meeting to order in open session, council immediately resolved to move into closed session to consider a matter: that falls under the subject matter of 239(c) a proposed acquisition or disposition of lands and 239(f), advice that is subject to solicitor- client [sic], related to 4320 bridge [sic] Street, 4327 Bridge Street and 4601 Park Street. 15 The agenda described the closed session's subject matter in the same way. Each of these addresses corresponds to a city-owned property in downtown Niagara Falls. 3 Ombudsman of Ontario, Investigation into whether Council for the City of Niagara Falls held an illegal meeting on October 8, 2013(February 2015) at para 62, online: <https://www.ombudsman.on.ca/Resources/Reports/City-of-Niagara-Falls-(2).aspx>; Ombudsman of Ontario, Investigation into whether Council for the City of Niagara Falls held an illegal closed meeting on April 28, 2015(November 2015) at para 42, online: <https://www.ombudsman.on.ca/Resources/Reports/City-of-Niagara-Falls-(3).aspx>;and Ombudsman of Ontario, Investigation into whether Council for the City of Niagara Falls held illegal closed meetings between July 2011 and August 2013 with respect to Marineland(February 2015) at para 49, online:<https://www.ombudsman.on.ca/Resources/Reports/City-of-Niagara- Fal is----Park-Protest-.aspx> 4 ... City of Niagara Falls Ombudsman November2016 ONTARIO 16 Although council now audio records its open and closed meetings, the February 10, 2015 meeting occurred before this practice was implemented. Council's discussion 17 Once in closed session, the city's Chief Administrative Officer (CAO) reminded council that one of its strategic priorities was to find a post- secondary institution looking to establish a campus in downtown Niagara Falls. The CAO explained that in furtherance of this goal, the city was in contact with a specific post-secondary institution that wished to partner with the city and another private partner to submit an application for federal development funding. 18 The CAO indicated that, if the project were to proceed, the city would be expected to contribute up to $10 million to the project and that this amount could include the value of land, services, or other in-kind contributions. During this explanation, the Mayor and Director of Business Development indicated that, because of the program's application deadline, council needed to provide direction to staff that evening about whether to proceed with the partnership. 19 After providing this background, the CAO discussed various city-owned properties in downtown Niagara Falls that could be affected by the proposed partnership. Although the recollection of councillors varied somewhat due to the passage of time, the majority of those we interviewed advised that council's discussion was cursory and high level. They indicated that council discussed the general possibility that the city may have to sell or give specific city properties to the post-secondary institution if the downtown campus development were to proceed. In addition, those we interviewed advised that council briefly considered whether it would be willing to contemplate expropriating a specific property to facilitate the development. These recollections are supported by contemporaneous notes from the meeting, which indicated that council would be provided with details about these properties once the funding application was further along. 20 During these discussions, council did not discuss the value of any of the properties, nor the imminent possibility of disposing of them. Rather, the CAO was seeking guidance about whether council would consider selling the city-owned properties and/or expropriating the private property if the funding application were approved at a future date. 5 City of Niagara Falls 0, i busman November2016 ONTARIO 21 In the course of the meeting, several councillors requested specific information about the post-secondary institution (e.g. its name), draft business plans, impact studies, and return on investment calculations. They indicated that this information would help them make an informed decision about whether to proceed with the proposed partnership. In response, the CAO and Mayor indicated that the post-secondary institution had asked for secrecy to protect its strategic business position. Regarding the other requested documents, councillors were told it was too early in the process for that type of analysis. However, they were assured that if the partnership were to proceed and the application was granted, this type of information would come before council before council was asked to make any final decision. 22 Following this explanation, council proceeded to discuss what type of direction staff was seeking. Some councillors were initially concerned that they were being asked to vote to commit $10 million without having any details about the development proposal. However, after further discussion, staff clarified that they were not asking council to commit $10 million during the closed session. Rather, they said they were seeking council's direction to tell the post-secondary institution to proceed with the development funding application. City staff told council that, in the future, it would have a chance to review the specific terms of the development proposal in open session before deciding whether to commit $10 million to the project. 23 One councillor was concerned about this explanation and continued to believe that council was being asked to commit $10 million during the closed session. In response, staff reiterated the type of direction they were seeking and told council that it would not be obligated to commit any money if it was not satisfied with the ultimate proposal. Following this explanation, council passed a resolution to: [d]irect staff to indicate to the post-secondary institution, Council's interest in partnering on the funding proposal. 24 With one exception, all councillors and staff members told our Office that that they believed this resolution directed staff to contact the post- secondary institution and proceed with the funding application. However, one councillor felt that despite the wording of the resolution, every councillor understood they were voting to commit $10 million to the development proposal. 6 Ca) City of Niagara Falls Ombudsman November2016 ONTARIO 25 Some individuals told our Office that council specifically discussed whether the subject matter of the meeting was appropriate for in camera consideration. They indicated that, in response, the Clerk told council that it was entitled to discuss property matters during the closed session. In retrospect, however, the Clerk advised our Office that he does not believe the discussion fell within the "acquisition or disposition of land" closed meeting exception. He indicated that the properties were only discussed in a general way and that the majority of council's discussion instead related to the development proposal and whether council was being asked to commit$10 million in closed session. Return to open session and report back 26 At 5:00 p.m., council resolved to return to open session. Once in open session, council passed a public resolution directing staff to proceed with the funding application and to investigate possible partnerships related to that program. In their interviews, councillors indicated that this resolution was intended to provide the public with general information about the direction that council had previously provided in camera. 27 The council meeting adjourned at 8:10 p.m. The Mayor's February 12, 2015 letter 28 During the course of this investigation, our Office was provided with a letter signed by the Mayor and addressed to the development funding program discussed during the February meeting. The letter has been referenced and quoted from in several media reports regarding the February 10, 2015 meeting.4 The letter was dated February 12, 2015 — two days after the council meeting — and stated in part that: On behalf of the Council of the City of Niagara Falls, I am pleased to provide the City's endorsement and full support for [the development funding application]. The Niagara Falls City Council has committed $10 million to the project over the 4 year period as a partner in this initiative consisting of $8.5 million in financial 4 For instance: Ray Spiteri, "Council misled over Ryerson plan: loannoni", Niagara Falls Review (27 June 2016), online:<http://www.niagarafallsreview.ca/2016/06/27/council-misled-over- ryerson-plan-loannoni>. 7 (9) City of Niagara Falls Ombudsman November 2016 ONTARIO support and $1.5 million of in-kind contributions as further detailed in the proposal. [emphasis added] 29 When asked about the apparent contradiction between the letter and council's direction to staff, the Mayor said that the letter was intended to be persuasive and that it did not reflect council's decision during the meeting. He said that the development funding program would not have taken the application seriously if the letter did not say that council had committed $10 million to the proposal. The Mayor indicated that he had written similar letters when applying for other types of development funding, and that in each of those instances, council understood that it was not committing any money during the application stage. Analysis Closed meeting exceptions "Acquisition or disposition of land"—s.239(2)(c) 30 Council relied on the "acquisition or disposition of land" exception in section 239(2)(c) to discuss whether the city wished to apply for development funding in partnership with an unnamed post-secondary institution. 31 The acquisition or disposition of land exception allows council to discuss the sale, lease, or purchase of land within a closed session, with the primary purpose being to protect the municipality's bargaining position in property negotiations. 5 32 Previously, our Office analyzed the scope of this exception in the context of a very similar closed meeting held by council for the City of Niagara Falls.6 In that meeting, council discussed a consultant's report related to the possibility of establishing a downtown campus in partnership with a post-secondary institution. During the meeting, council referenced certain 5 Letter from Ombudsman of Ontario to Town of Ajax(28 March 2014), online: <http://www.ombudsman.on.ca/Files/sitemedia/Documents/Ajax-Closing-Letter---May-23-13-- final.pdf>. 6 Ombudsman of Ontario, Investigation into whether Council for the City of Niagara Falls held an illegal meeting on October 8, 2013(February 2015) at para 62, online: <https://www.ombudsman.on.ca/Resou rces/Reports/City-of-Niagara-Falls-(2).aspx>; 8 0_, City of Niagara Falls Ombudsman November 2016 ONTARIO city-owned and private properties that could be affected if a downtown campus were to be established. However, the discussions did not address how the properties were to be appraised or sold, and there was no discussion about putting specific properties on the market. 33 In our Office's February 2015 report, we determined that council's discussion did not fall within the "acquisition or disposition of land" exception, or any exception, to the Act's open meeting requirements. Our Office based this conclusion on the fact that: council did not discuss the acquisition or disposition of city lands with a view to protecting the city's bargaining position in property negotiations.' 34 Unfortunately, this finding was shared with council for the City of Niagara Falls after the February 10, 2015 meeting had already occurred.8 Accordingly, council was unaware of the report's conclusions when it once again relied on the "acquisition or disposition of land exception" to discuss matters related to the proposed downtown development. 35 During the February 10, 2015 in camera meeting, council discussed whether it wished to pursue development funding in partnership with an unnamed post-secondary institution. As part of that discussion, council was told that the city may have to contribute $10 million to the project and that certain city-owned properties may be included as part of that contribution. In addition, council briefly discussed the possibility of expropriating a certain piece of private property if the development were to proceed. These discussions were high level and general because council did not have any details about the post-secondary institution and did not know whether the funding proposal would be granted. Council did not have appraisal information for the properties, was taking no practical steps to sell them, and was not engaged in negotiations to dispose of the properties. Accordingly, council was not entitled to rely on the "acquisition or disposition of land" exception to close its discussion to the public. "Advice subject to solicitor-client privilege"—s.239(2)(f) 36 Council's resolution to proceed in camera also cited the closed meeting lbid at para 44. 8 The Ombudsman's report was on the March 10, 2015 council agenda, online: <https://docs.niagarafalls.ca/weblink/o/doc/735474/Pagel.aspx>. 9 � -� City of Niagara Falls Ombudsman November2016 ONTARIO exception for "advice subject to solicitor-client privilege" under section 239(2)(f) of the Act. This exception can only be used when advice from a solicitor or related communication actually exists for council's consideration. Communication will only be found to be subject to solicitor- client privilege if it is: (a) between a client and his or her solicitor, where the solicitor is acting in a professional capacity; (b) made in relation to the seeking or receiving of legal advice; and (c) intended to be confidential.9 37 While the City Solicitor was present during the February 10, 2015 meeting, those with the best recollection of the meeting said that he did not provide any legal advice or participate in the discussion. When asked why this exception was included in the resolution to proceed in camera, the Clerk indicated that he often cites it because he knows the City Solicitor will be present and that legal advice may be provided. 38 In this case, however, the solicitor did not communicate legal advice to council during the February 10, 2015 meeting. Consequently, council was not entitled to rely on the "advice subject to solicitor-client privilege" exception. Sensitive business information and competitive interests 39 During the course of our investigation, many of those we interviewed said they felt it was important that council be able to protect its competitive interests by discussing the development funding application in closed session. They also indicated that the post-secondary institution specifically asked the city to keep the proposal confidential because the institution's development strategy was sensitive business information. 9 Solosky v the Queen, [1980] 1 SCR 821 at 837. 10 City of Niagara Falls Ombudsman November2016 ONTARIO 40 As our Office has previously noted, the Municipal Act does not contain a general closed meeting exception that allows a municipality to proceed in camera for the purpose of protecting its competitive interest or sensitive business information. The Ministry of Municipal Affairs is currently conducting a legislation review that includes a review of the Municipal Act. While the Ministry is no longer accepting comments about the Act, the City of Niagara Falls may consider raising this matter should draft legislation be introduced. Procedural matters Notice of council's discussion 41 We received a complaint that the February 10, 2015 meeting agenda did not contain notice of council's intended discussion. The complainant felt that the description provided on the meeting agenda was insufficient because it said council would be discussing a matter: that falls under the subject matter of 239(c) a proposed acquisition or disposition of lands and 239(f), advice that is subject to solicitor- client [sic], related to 4320 bridge [sic] Street, 4327 Bridge Street and 4601 Park Street. 42 Each property listed in this resolution was briefly discussed by council during the in camera meeting. 43 As noted in our Office's May 2016 report regarding a closed meeting in Norfolk County, the Act does not specify the content of the meeting notice that must be given to the public.10 However, section 238(2.1) of the Act requires that a municipality provide for public notice of its meetings in its procedure by-law. There is no provision in the Act that requires a municipality to provide advance notice of the individual matters that will be discussed in closed session. 44 In accordance with its regular practice, the city provided notice of the February 10, 2015 meeting on its annual meeting calendar. In addition, the agenda was posted on the city's website the Thursday prior to the 10 Ombudsman of Ontario, Investigation into the closed meeting held by Norfolk County's council- in-committee on December 1,2015(May 2016) at para 40, online: <https://www.ombudsman.on.ca/Resources/Reports/Norfolk-County.aspx>. 11 City of Niagara Falls Ombudsman November2016 ONTARIO meeting. While the city's procedure by-law does not currently reflect these notice practices and should be updated, the Act does not require that council provide additional information about the specific matters it intends to discuss in camera. Council's direction to staff—s.239(6) 45 We also received a complaint that council improperly voted in camera to commit $10 million towards the proposed partnership with the post- secondary institution. 46 Under section 239(6) of the Act, council may only vote in closed session if: (a) Subsection (2) or (3) [the Act's closed meeting exceptions] permits or requires the meeting to be closed to the public; and (b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board. 47 As noted in our October 2015 report regarding a closed meeting in the Municipality of Brighton, this exception allows a council to preserve the confidential nature of the closed meeting while nonetheless giving effect to council's decisions through directions to staff." 48 During the February 10, 2015 closed session, council voted to a pass a resolution: [directing] staff to indicate to the post-secondary institution, Council's interest in partnering on the funding proposal. 49 Given our finding that the subject matter of the meeting did not fall within any of the enumerated exceptions contained in the Municipal Act, council was not permitted to vote on any resolution, including this direction to staff, in closed session. " Ombudsman of Ontario, Investigation into the Municipality of Brighton's alleged violation of the Municipal Act, 2001 (October 2015) at para 34, online: <https://www.ombudsman.on.ca/Resources/Reports/Municipality-of-Brighton-(2015).aspx>. 12 1 City of Niagara Falls Ombudsman November2016 ONTARIO Report back following closed session 50 We received a further complaint that council failed to report back publicly following its in camera discussion on February 10, 2015. 51 Numerous closed meeting investigators, including our Office, have recommended that municipalities adopt the best practice of reporting back.12 In a 2009 report regarding closed meetings in the County of Essex, Local Authority Services recommended that councils "report...in a general way, what happened at the closed session".13 Similarly, Douglas R. Wallace noted in his 2009 investigation into closed meetings in the City of Ottawa that council should report in open session the fact that council had met in camera, the matters which were considered, and that no votes were taken other than to give directions to staff or to deal with procedural matters.14 52 The open meeting minutes from February 10, 2015 indicate that, following the in camera discussion, council passed a resolution in open session authorizing staff to take certain actions related to the development funding application. In their interviews, councillors indicated that this resolution was intended to provide the public with information about the direction that council had provided to staff in camera. Accordingly, our review indicates that council reported back in a general way about what occurred in the closed session. Opinion 53 Council for the City of Niagara Falls contravened the Municipal Act, 2001 on February 10, 2015, when it went in camera to discuss whether the city should partner with a post-secondary institution to apply for development funding. 12 Ombudsman of Ontario, Investigation into whether council for the Municipality of Magnetawan held illegal closed meetings(June 2015) at para 54, online: <http://www.ombudsman.on.ca/Files/sitemedia/files/Final Report-Magnetawan_2015.pdf>. 13 Local Authority Services, A Report to the corporation of the County of Essex(September 2009) at 17, online:<http://www.agavel.com/wp- content/uploads/2013/09/Essex_County_Report_Sep_18_Final.doc>. 14 Douglas R Wallace, Report to the council of the City of Ottawa, online:<http://ottawa.ca/en/city- hall/accountability-and-transparency/accountability-framework/december-19-2008-jan uary-6- 2009>. 13 City of Niagara Falls Ombudsman November2016 ONTARIO 54 During the meeting, council discussed the financial contribution that would be expected from the city if the project were to proceed, as well as various properties where the development could be located. These discussions were preliminary and high level because council had limited details about the proposal and did not know whether the funding application would be accepted. Council did not consider how the properties were to be appraised or sold, and the city was not engaged in negotiations to dispose of the properties. This meeting did not fall within the "acquisition or disposition of land" exception, or any exception, to the Municipal Acts open meeting requirements. Further, because the meeting was not permitted to be closed to the public under the Municipal Act, council was not entitled to vote in closed session on a resolution directing staff to proceed with the partnership. Recommendations 55 I make the following recommendations to assist the city in fulfilling its obligations under the Act and enhancing the transparency of its meetings. Recommendation 1 All members of council for the City of Niagara Falls should be vigilant in adhering to their individual and collective obligation to ensure that council complies with its responsibilities under the Municipal Act, 2001 and its own procedure by-law. Recommendation 2 Council for the City of Niagara Falls should ensure that no subject is discussed in closed session unless it clearly comes within one of the statutory exceptions to the open meeting requirements. Recommendation 3 Council for the City of Niagara Falls should ensure that its in camera votes comply with section 239(6) of the Municipal Act, 2001. 14 '� City of Niagara Falls Ombudsman November2016 ONTARIO Recommendation 4 Council for the City of Niagara Falls should amend its procedure by-law to implement our Office's previous recommendations regarding public notice, posting of agendas, and timing of council meetings. Report 56 Council for the City of Niagara Falls was given the opportunity to review a preliminary version of this report and provide comments to our Office. No comments were received. 57 My report should be shared with council for the City of Niagara Falls and made available to the public as soon as possible, and no later than the next council meeting. 411" - Paul Dube Ontario Ombudsman 15 City of Niagara Falls Ombudsman November2016 ONTARIO `5h°4 tOrek• 4342 Queen Street, Suite 102 Niagara Falls, Ontario L2E 717 MEW p NIAGARA FALLS DOWNTOWN MI:905-356-5444 Z BOARD OF MANAGEMENT bia@niagarafallsdowntown.com BUSINESS IMPROVEMENT ASSOCIATION www.niagarafallsdowntown.com FILLING IN DIRECTOR VACANCIES DOWNTOWN BIA His Worship Mayor Diodati &Members of the Municipal Council City of Niagara Falls, Ontario Dear Mayor Diodati and City Councillors: RE: FILLING IN DIRECTOR VACANCIES IN DOWNTOWN BIA BOARD As of October 31,2016 we have two director vacancies on the Downtown Board of Management. The vacancies came from the following directors no longer having an active business on the street: Sarah Fenn Christopher Dabrowski According to the tally of the votes from the BIA election that took place on October 27th, 2014 the following are the candidates next in line: Steve Ichelson, VP Operations Avison Young(taking the place of Robin Morse who is no longer with the company) Joe Mrkalj, Owner/Operator Grand Central Bar&Grill We are asking council to appoint Steve Ichelson and Joe Mrkalj as the replacements for Sarah Fenn and Chris Dabrowski As per By-Law No. 98-247 Section 6 where it states: "Where a vacancy occurs for any cause,the Council shall appoint a person qualified as set out in section 4 to be a member who shall hold office for the remainder of the term for which his predecessor was appointed" Thank you for your assistance, Julio Batres-Gavidia Chair, Downtown of Board Management Letter to Council re: FILLING 1N BIA DIRECTOR VACANCIES Page 1 of 1