The Corporation of the City of St. Catharines GENERAL COMMITTEE AGENDA Regular, Monday, January 30, 2017 Council Chambers, City Hall
His Worship Mayor Walter Sendzik takes the Chair and opens the meeting following Item Number 9 on the Council Agenda Page
1. Call for Reports to be Brought Forward from Consent
2. Motion to Move Reports on Consent
3. Discussion Reports
3 - 5 3.1 Planning and Building Services, Planning Services Brock District Plan
6 - 8 3.2 Planning and Building Services, Planning Services Amendment to Delegation By-law 2004-277 - Development Agreements
9 - 19 3.3 Legal and Clerks Services, Office of the City Clerk Municipal Election Modernization Changes
4. Consent Reports
20 4.1 Financial Management Services, Accounting and Payroll Borrowing Authority
21 - 23 4.2 Transportation and Environmental Services, Operations Macbeth Boulevard - Installation of School Related Parking Prohibitions
24 - 28 4.3 Transportation and Environmental Services, Operations Review of School Crossing Guard Locations - Fall 2016
29 - 30 4.4 Transportation and Environmental Services, Engineering and Construction P11-130 Montebello Park Pergola, Fencing and Walkway
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31 - 46 4.5 Parks, Recreation and Culture Services, Programs and Cultural Services St. Catharines Cultural Investment Program - Final 2016 Recommendations
47 4.6 Legal and Clerks Services, Office of the City Clerk Year-end Report – Code of Conduct Complaints
48 - 63 4.7 Legal and Clerks Services, Office of the City Clerk Council Correspondence
5. Report Requests and Directions for Staff
5.1 Traffic Study for Crossing Guard - Park Avenue and Seymour Avenue At the meeting of January 16, 2017, Councillor Haywood provided notice that he would request the following report: That Council direct staff to complete a traffic study for a crossing guard at Park Avenue and Seymour Avenue.
6. In-Camera Session (General Committee) Council will meet In-Camera for the following purposes: a proposed or pending acquisition or disposition of land by the municipality or local board, Realty File No. 11-71 labour relations or employee negotiations personal matters about an identifiable individual, including municipal or local board employees litigation, or potential litigation, including matters before administrative tribunals, affecting the municipality or local board advice that is subject to solicitor-client privilege, including communications necessary for that purpose
7. Adjournment
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Corporate Report Report from Planning and Building Services, Planning Services
Date of Report: November 3, 2016 Date of Meeting: January 30, 2017
Report Number: PBS-023-2017 File: 60.33.180
Subject: Brock District Plan
Recommendation That Council receive the report from Planning and Building Services for information purposes. FORTHWITH Summary Regional Council has endorsed the findings of the Brock District Plan which was initiated by the Region and prepared by the Planning Partnership. The District Plan provides a land use and policy strategy for the lands around Brock University to support the establishment of a growth node in this location. The direction and recommendations of the District Plan align with the City’s existing land use policies. Background Niagara Region retained the consulting firm The Planning Partnership to prepare a district plan for the lands around Brock University, including lands in both the City of St Catharines and the City of Thorold. The District Plan is intended to provide a land use framework and development strategy that will assist this area in acting as a node for future growth.
Regional Council, at their meeting of October 6, 2016, endorsed the Brock District Plan and directed Regional Staff to initiate a Regional Official Plan Amendment to implement the recommendations of the District Plan. Regional Council also authorized the establishment of a Brock District Technical Advisory Committee to coordinate the implementation of the District Plan and requested participation from the City. Report Niagara Region’s Planning and Development Services Department retained The Planning Partnership to prepare a District Plan for the lands around Brock University’s main campus, generally including the lands above the Niagara Escarpment and west of Highway 406 in both St Catharines and Thorold. The Brock District Plan provides a framework for the planning, design and development of this area which has been identified as growth node. The District Plan envisions an evolution of this area into more
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complete mixed use community, including higher density housing and employment, with a focus on Brock University as a catalyst for growth.
The recommendations of the District Plan generally build upon the existing land use planning framework in the area. For lands within St Catharines, this means the redevelopment and intensification of lands primarily for medium density mixed use construction and employment uses (including the university). The District Plan also reflects Brock University’s recently updated campus master plan which envisions ongoing intensification of the main campus and the redevelopment of the plaza lands on the east side of Glenridge Avenue. The Brock District Plan document can be viewed here:
The District Plan provides design guidance for new construction and public spaces, including the creation of more pedestrian-friendly streets and the establishment of gateways to the district. The envisioned streetscape, landscape and active transportation improvements will require collaboration between the district’s key stakeholders and land owners, including the City of St Catharines, City of Thorold, Niagara Region, Brock University, and the Ministry of Transportation. It is envisioned that this coordination would occur through the new Brock District Technical Advisory Committee.
City planning staff have reviewed the Brock District Plan and are satisfied that its recommendations are generally consistent with the City’s existing land use policies and design objectives described in the Garden City Plan. The developable lands within the study area are already zoned for Major Institutional, Medium Density Mixed Use and Medium Density Residential land uses. The District Plan will be implemented through an amendment to the Region’s Official Plan where the vision, principles and key directions will set the overarching framework for implementation to the policy, zoning and special studies required through the City of St. Catharines and the City of Thorold. Staff will work with the Region as they prepare the Regional Official Plan Amendment which will result in a refinement of existing land use policies or the establishment of additional design standards. Financial Implications Not applicable.
Relationship to Strategic Plan Not applicable. Conclusion The Brock District Plan provides a policy framework and development strategy that is intended to facilitate the transition of this area into a key growth node. The vision, principles and key directions or the District Plan are generally consistent with the City’s
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existing land use policies. Staff will continue to work with the Region as they develop related implementation tools, including the Regional Official Plan Amendment and any subsequent studies.
Prepared by: Submitted and Approved by: Scott Ritchie, MCIP, RPP James N. Riddell, M.PL., MCIP, RPP Urban Design Planner Director, Planning and Building Services
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Corporate Report Report from Planning and Building Services, Planning Services
Date of Report: December 29, 2016 Date of Meeting: January 30, 2017
Report Number: PBS-030-2017 File: 60.51.1 Vol. 2
Subject: Amendment to Delegation By-law 2004-277 - Development Agreements
Recommendation That Council approve an amendment to the City’s Delegation By-law 2004-277, to authorize the Director of Planning and Building Services to approve and execute Development Agreements under section 45 of the Planning Act, without the passage of Council approved by-laws for each Development Agreement. FORTHWITH Summary Development Agreements under Section 45 (Committee of Adjustment) of the Planning Act are often required as a condition of development approval as a condition of severing lands. Development Agreements are similar to Site Plan Agreements and are intended to address details of site development via an agreement registered on title. The Director of Planning and Building Services was granted authority to approve Site Plans, including the authority to execute Site Plan Agreements, in December of 2012. Since Development Agreements are very similar to Site Plan Agreements, staff is recommending Council grant approval authority for Development Agreements, including the execution of Development Agreements, to the Director of Planning and Building Services and to amend the Delegation By-law accordingly. Report On December 17, 2012, Council granted approval to the Director of Planning and Building Services for site plan approval including the authority to execute a site plan agreement without a further by-law to Council. This delegated authority results in a time savings in the site plan approval process since final approval is no longer tied to a Council schedule. The inclusion of Development Agreements as a delegated authority is now being sought to realize time savings in the Development Agreement approval process.
The inclusion of Development Agreements under section 45 (Committee of Adjustment) of the Planning Act is unclear in the existing Delegation By-law and staff is seeking that clarity to streamline the development approvals process for applications subject to a Section 45 Development Agreement.
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Development Agreements are similar to Site Plan Agreements, in that they regulate the development of a site through an agreement registered on title. Development Agreements under section 45 of the Planning Act are agreements that are conditions of consent to sever land, under the jurisdiction of the Committee of Adjustment. Development Agreements are used to implement conditions of development where site plan approval is not applicable.
At the time that site plan approval was approved as a delegated authority to the Director of Planning and Building Services (December 17, 2012), it was an oversight to have not included Section 45 Development Agreements. Development Agreements under section 45 of the Planning Act are increasingly used to ensure new development fits within an established neighbourhood, particularly as a condition of consent to sever land. Development Agreements typically ensure development meets minimum City standards including but not limited to, servicing, drainage, fencing and landscaping, tree preservation, elevation plans for new buildings, design elements and similar details of development.
Staff’s efforts at continuous improvement suggest the delegation of the approval for Section 45 Development Agreements to the Director of Planning and Building Services is a natural extension of the delegated authority for site plan approval granted by Council in 2012. Staff recommends that Council delegate this authority to the Director of Planning and Building Services as a logical extension of the authority already delegated for site plan approval.
Public Notice No public consultation is required under the Planning Act to delegate authority to the Director of Planning and Building Services for Section 45 Development Agreements. Notwithstanding, staff expect the delegation of this approval authority to the Director will be met with enthusiasm since it will save time in the overall approvals process. Financial Implications There are no financial implication for the City. Any costs associated with entering into a Development Agreement are at the expense of the owner and applicant.
Relationship to Strategic Plan The Strategic Plan includes direction under Economic Sustainability for encouraging private investment in the community. By streamlining planning approval processes and reducing overall approval timelines, benefits are accrued to the development community. By delegating approval authority for Section 45 Development Agreements to the Director of Planning and Building Services, time savings are passed on to developers. Conclusion Staff considers the delegation of approval authority for Development Agreements to the Director of Planning and Building Services to be an action that reduces approval
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timelines for Development Agreements. The scope of Development Agreements is very similar to Site Plan Agreements, which is already a delegated approval authority. Notification Should Council approve this recommendation, staff will notify the development community as part of the next discussion forum with the development community.
Prepared and Submitted by: Judy Pihach, MCIP, RPP Manager of Planning Services
Approved by: James N. Riddell, M.PL. MCIP, RPP Director of Planning and Building Services
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Corporate Report Report from Legal and Clerks Services, Office of the City Clerk
Date of Report: November 30, 2016 Date of Meeting: January 30, 2017
Report Number: LCS-002-2017 File: 10.50.99
Subject: Municipal Election Modernization Changes
Recommendation That Council receive Report LCS-340-2016, Municipal Election Modernization Changes, for information only. FORTHWITH Summary This report provides Council with an overview of the changes governing the legislation for conducting the municipal and school board elections for 2018. Background The Municipal Elections Act (MEA) is the governing legislation for conducting the municipal and school board elections. The Ministry of Municipal Affairs have done an extensive consultation with the public as well as a comprehensive review of the MEA and introduced Bill 181, the Municipal Elections Modernization Act (MEMA) in April 2016. Further regulations related to aspects of the MEMA, including ranked ballot elections were passed on September 16, 2016. Some changes to the MEA came into force and effect on June 7, 2016, and the remainder will be in force on April 1, 2018.
On December 16, 2016, the province passed a budget bill (Bill 70) which included the provision that the head of every regional council (Chair) shall be elected by a general vote. In addition, a current bill (Bill 68) which has not yet passed proposes to change the date of the first meeting of Council and other changes to the contribution limits.
The Area Clerks will be meeting with the Regional Clerk in the future to discuss “who does what” with respect to candidate campaign information and candidate financials, etc. More information will follow. Report The revisions to the MEA significantly change the way the municipalities will conduct the municipal and school board elections in Ontario, and it will have an impact on both electors and candidates. This report provides information (to date) on the changes to
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the MEA, the impacts of the changes and an analysis for the next steps in the preparation for the 2018 Municipal and School Board Election.
Attached as Appendix 1 is a chart for Council’s information that outlines the changes along with the actions required. Following are the key changes. Election Advertising Beginning in 2018, candidates will be required to include information on their election advertising in order to make it clear who is responsible for the message provided under the new Section 88.3 of the MEA. This will apply to all advertising regardless of format or method. Candidates, or those advertising on their behalf, will need to provide broadcasters and publishers with information including the name of the candidate, name of the individual or organization taking out the advertisement, as well as, address and telephone number of the individual interacting with the broadcaster or publisher on behalf of the candidate. The broadcaster or publisher is then responsible for retaining this information along with a copy of the ad and invoice for a period of four years and making this information available to the public for inspection in that time period. Third Party Advertising The MEA now includes a framework for the registration and financial filing of third party advertisers. A third party advertisement is a message in any medium (billboard, newspaper, radio, etc.) that supports or opposes a candidate or a "yes" or "no" vote on a question on the ballot. Individuals, corporations and unions can register as third party advertisers and make contributions to third party advertisers.
Third party advertisers will need to register with the municipality where they want to advertise. If they want to advertise in more than one municipality, they have to register in each municipality. Registration allows a third party advertiser to promote or oppose any candidate. Third party advertising must be done independently of candidates, who are not able to direct a third party advertiser.
Candidates are not able to register as third party advertisers. Most campaign finance rules that apply to candidates will also apply to third party advertisers. Third party advertisers will have spending limits, and there will be contribution limits for those wishing to contribute to a third party advertiser. Corporations and unions will be permitted to make contributions to third party advertisers, but will not be permitted to make contributions to candidates. Election Accessibility Plan and Post-Election Reporting The MEA will require the Clerk to prepare an Elections Accessibility Plan and make it available to the public before voting day. The MEA has also been amended to require that the Clerk prepare a report within 90 days following the election that identifies recommendations for the removal and prevention of barriers that affect electors and candidates with disabilities and make this report available to the public, rather than submitting it to Council.
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Shortened Campaign Period, New Nomination Day Under the previous MEA, nominations opened on the first business day of the election year, typically January 2, and closed at 2:00 pm on Nomination Day, which was the second Friday in September of the election year (in 2014, Nomination Day was September 12). The MEA now provides that nominations open on May 1 of the election year and close at 2:00 pm on Nomination Day, now the fourth Friday of July (July 27, 2018).
The MEA requires that nominations for Council members (not school board) must be endorsed by at least 25 persons. Requirements include: • The person endorsing a nomination must be eligible to vote in an election if it were held on the day the person made the endorsement • The person may endorse more than one nomination • Endorsements will be in the form of a prescribed declaration • The nominee may file for a different office on the same council (thereby withdrawing the previous nomination) without pursuing further endorsements.
Filing and Reporting of Financial Statements In order to increase accountability relative to campaign financing, the MEA includes a new requirement for the Clerk to review and report on campaign contributions made to candidates running for a position on City Council. The report would identify any candidates who appeared to exceed the campaign contribution limits. The same type of report would also be created for registered third party contributors.
The Secretary of a school board would be responsible for compiling this report for candidates running for School Board Trustee. These reports would be referred to the Compliance Audit Committee to determine if any further action will be taken. Another new requirement under the MEA is for the Clerk to identify in a report the candidates and third parties who have failed to comply with the requirement to file a financial statement and who are prohibited from running or registering in the next election as a result.
Recount Policies In previous municipal elections, a recount could only be conducted under the following limited circumstances: • Where the counting of ballots resulted in a tie vote; • Where a municipality/local board or Minister of Municipal Affairs and Housing has passed a resolution to order a recount; and • Where an electors’ request for a recount has been granted by the Superior Court of Justice.
The MEA now provides the Clerk with the authority to adopt a policy by May 1 of the election year to define circumstances under which a recount would be conducted other than those listed above. The Clerk now has the authority to hold a recount in accordance with the new recount policy.
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Ranked Ballot Elections Traditionally, elections in Ontario have been conducted using the first past the post system, whereby the candidate receiving the highest number of votes is declared the winner.
The amended legislation now provides Council the opportunity to introduce a ranked ballot voting system. More detailed information concerning ranked ballots and other alternative methods of voting will be provided to Council in a future report. Financial Implications None at this time. Conclusion These changes represent a substantial difference in the way municipalities will be conducting their elections. The key to success will be in the planning, communication and education to the public.
The new legislation represents many changes that will impact staffing and planning for the election as many new policies will be required and existing procedures and election materials will need to be updated to reflect these changes.
Prepared by: Bonnie Nistico-Dunk City Clerk
Submitted & Approved by: Heather Salter Interim Director of Legal and Clerks Services/City Solicitor
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1 Comprehensive Changes to the Municipal Elections Act (MEA)
Change to MEA Action Required
Municipalities and school boards need to Review the current policies on use establish policies regarding use of municipal / of corporate resources board resources during a campaign Council and boards may adopt by laws to Develop a recount policy based on establish policies prior to the election setting out Bill 181 conditions for recounts to be conducted by the clerk. Clerks rather than Council determine dates and Include in Clerk’s Election times for advance voting, reduced voting hours Procedures in certain institutions and early opening on voting day Advance voting cannot begin more than 30 days Include in Clerk’s Election prior to voting day Procedures Authority for Clerk to provide for electronic filing Include in Clerk’s Election for financial statements Procedures Electors prohibited from taking photographs or Public Awareness campaign at video of their marked ballot voting locations Certain election documents can be submitted Include in Clerk’s Election electronically to the Clerk. Certain notices can Procedures be sent by the clerk electronically Original signatures still required on candidate Include in Clerk’s Election nomination forms, third party advertiser Procedures and Candidate registration forms and proxy appointment forms. nomination packages.
Election Calendar and Filing Deadlines
Change to MEA Action Required
Opening of candidate nomination period Shorter nomination period needs to changed from January 1 to May 1 of a regular be promoted through public election year. awareness campaign, include in candidate nomination packages Nomination day (last day to file candidate Public Awareness and include in nomination papers with the Clerk) changed from candidate nomination packages second Friday in September to fourth Friday in July. Deadline for a by-law to be adopted by council Prior to adopting a by-law, 10 days to submit a question to the electors under noticed of intention to pass a by-law section 8 of the MEA changed to March 1 from is required to be given to the public. May 1
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Budget implications to include a question on the ballot, as the municipality may need to conduct a campaign/education for elections regarding the question on the ballot
Deadline to pass by-laws to authorize the use of Include in Clerk’s Election alternative voting and vote count equipment Procedures changed to May 1 in the year before the election Deadline for Clerk to have election procedures, Report to Council required. forms, alternate voting and vote counting equipment in place, changed to December 31 in Budget implications included in the year before the election. candidate nomination package.
Public education.
Eligibility
Change to MEA Action Required
Candidates running for municipal office must be Requirement for at least 25 endorsed by at least 25 persons eligible to vote signatures of electors with in an election for an office within the nomination papers needs to be municipality, if a regular election held on the day promoted. that the person endorses the nomination (not applicable to school board candidates) Include in Clerk’s Election Procedures
Increase public awareness
Include in Candidate nomination package Individuals endorsing a candidate for municipal Requirement to sign a declaration office need to sign a declaration stating they needs to be promoted were eligible to vote in the municipality on the day that they signed the candidate endorsement Include in Clerk’s Election Procedure (not applicable for school board candidates) Increase public awareness
Include in Candidate nomination k
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Voters’ List
Change to MEA Action Required
Clerk now able to determine how applications Requirement for an elector to submit can submitted to amend the voter’s list. an application to amend the voters list in person or in writing can now be expanded to include other formats.
Include in Clerk’s Election Procedures
Process to remove the name of persons who are Include in Clerk’s Election deceased from the voters list has been Procedures simplified.
Clerk now authorized to remove the names of Include in Clerk’s Election persons they know to be deceased. Procedures
Accessibility
Changes to MEA Action Required
Clerk now required to prepare a plan for the Further consultation with the identification, removal and prevention of barriers Accessibility Advisory Committee. that affect voters and candidates with disabilities and make that plan available to the public before voting day. Following the election, a report to be made available to the public within 90 days after the election.
Use of registered mail is no longer required by the MEA.
The requirement for original signatures is now limited to nomination papers, third party registration forms and proxy application forms if applicable.
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Campaign Finances
Changes to MEA Action Required
Corporations and trade unions are prohibited Requires public and candidate from contributing to municipal election awareness. campaigns. This applies to both council and school board elections. Include in candidate nomination package. Candidates do not have to open a bank account Include in candidate nomination if they do not raise or spend money. package.
If a candidate sells items for $25 or less in order Include in candidate nomination to raise campaign funds, the money is package. considered campaign income rather than a contribution. Candidate does not need to issue a receipt, or make sure that the person buying the item is eligible to make campaign contributions.
Anonymous and cash contributions to a Include in candidate nomination candidate cannot exceed $25. package. Contributions over $25 have to be made in a way that links the contributors name and account with the payment or by money order. The nomination fee is no longer deemed to be a Update campaign expense forms campaign expense. A new spending limit for candidates has been Include in candidate nomination established for parties and expressions of package. appreciation after voting day.
Third Party Advertising
Changes to MEA Action Required
The municipal elections act now includes a Will require review and research to framework for third party advertising. The rules determine impact and budget come into effect on April 1, 2018 so that they will implications. be in place for the 2018 municipal election. Include in Clerks Election Third party advertisements are messages in any Procedures medium that supports or opposes a candidate or a yes or no vote on a question on the ballot.
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Individuals, corporations and trade unions can Include in Clerks Election register as third party advertisers and make procedures. contributions to third party advertisers.
Third party advertisers need to register with the municipality where they want to advertise. Include in Clerks Election procedures. Registration allows third party advertisers to promote or oppose any candidate that the electors in the municipality can vote for, council office, school board trustee, and regional chair. The Clerk can certify or reject the registration
Third party advertising must be done Include in Clerks Election independently of candidates. Candidates are Procedures not able to direct a third party advertiser. Increased public awareness Candidates are not able to register as third party advertisers.
Campaigning
Changes to MEA Action Required
Included in the Municipal Elections Act that Include in Candidate Nomination candidates have access to apartment buildings, Package condominiums, non-profit housing co-ops and gated communities between 9 a.m. and 9 p.m. in Increase public awareness order to campaign Candidates and third party advertisers need to Review City’s sign by law regarding identify themselves on campaign advertisements election signs and signs so that is clear who is responsible for each sign and advertisement that appears or is Increase public awareness
broadcast Include in Candidate Nomination Package Candidates must provide publishers / Include in Candidate Nomination broadcasters with the name, business address Package and telephone number which the broadcaster must retain for four years. Increase public awareness
Municipality has greater authority to remove Review City’s sign by law regarding illegally placed campaign signs election signs
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Enforcement
Changes to MEA Action Required
The Candidate nomination fee is only refundable Include in Clerks Election Procedure if the financial statement is filed on time Include in Candidate Nomination Package
Candidates and third party advertisers who fail Include in Clerks Election Procedure to file financial statements have a 30 day grace period to file required forms provided that they Include in Candidate Nomination pay a $500 late filing fee to the municipality Package
Candidates and third party advertisers who have Include in Clerks Election Procedure filed their financial statements and then discover an error, can file a corrected financial statement Include in Candidate Nomination up until the filing deadline Package
Clerk is required to make a public report of Include in Clerks Election Procedure which Candidates filed financial statements and which ones did not Include in Candidate Nomination Package
Clerk is responsible for reviewing contributions Include in Clerks Election Procedure that are reported on the financial statements for council, school board and third party advertisers. Clerk is required to report to the Compliance Audit Committee if it appears that a contributor gave more than the contribution limits allow. Compliance Audit Committee would consider the report and decide whether or not to commence a legal proceeding against the contributor
It is now an offence to give, lend, offer or Include in Candidate Nomination promise someone money or other compensation Package in order to induce a person to run for office, not run for office or withdraw from running for office Increase public awareness
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Compliance Audit Committee
Changes to MEA Action Required
Compliance Audit Committee meetings are Review Compliance Audit Committee’s Required to be open to the public Procedures
Electors can apply for a compliance audit of a third party advertiser’s campaign finances
The Minister has the authority to make a Election budget implications regulation setting out the qualifications for compliance audit committee members
Ranked Ballots
Changes to MEA Action Required
Council have the option to pass a by law by Research and report to May 1, 2017 to use ranked ballots starting for Council. the 2018 Municipal Election Ranked ballot elections allowed for only Election budget implications municipal council elections – not school board elections Clerks Election Procedures Council must consult with the public through a Election budget implications public meeting process prior to adopting a by law to use the ranked ballot system
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AGENDA ITEM 4.1
Corporate Report Report from Financial Management Services, Accounting and Payroll
Date of Report: January 17, 2017 Date of Meeting: January 30, 2017
Report Number: FMS-034-2017 File: 10.57.17
Subject: Borrowing Authority
Recommendation That the City Solicitor be directed to prepare the necessary by-law authorizing the Mayor and City Treasurer to sign the necessary documents and agreements with the financial institution. FORTHWITH Report The City of St Catharines is currently in the process of transferring its banking services to Scotiabank. To date, numerous banking services by-laws have been forwarded to Scotiabank. They also require an additional borrowing by-law. The by-law permits the City the ability to borrow from Scotiabank $20 million on a short-term basis. The City has had this ability with previous banking agreements, but it has never been utilized. Financial Implications There are no financial implications at this time as this report is for the creation of the borrowing by-law only.
Relationship to Strategic Plan The approval of this by-law enhances the economic pillar goal to be an affordable city for young people, families and retired older adults with the change of the City’s financial institution the approval of this borrowing by-law provides access to funds on a short- term basis should it be required.
Prepared/Submitted by: Margaret Kreuk Finance Department
Approved by: Kristine Douglas, CPA, CMA Director of FMS
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Corporate Report Report from Transportation and Environmental Services, Operations
Date of Report: December 9, 2016 Date of Meeting: January 30, 2017
Report Number: TES-010-2017 File: 77.34.99
Subject: Macbeth Boulevard – Installation of School Related Parking Prohibitions
Recommendation That Council approve the installation of an 8:00 a.m. to 4:00 p.m., school days only, parking prohibition on the south side of Macbeth Boulevard from Marsdale Drive to Masterson Drive; and
That the City Solicitor be directed to prepare the necessary by-law. FORTHWITH Background Staff received a request from a resident to investigate concerns with school related parking congesting the street during pick-up and drop-off times related to Oakridge School. The request noted that the presence of school related parking is making it difficult to access / egress their driveways as well as traversing the street. Report Macbeth Boulevard is a local residential street located just south of Oakridge School. Parking is currently permitted on both sides of the street.
A resident has submitted that the relocation of the parking lot at Oakridge School from the north side of the school, off of Oakridge Avenue, to the south side of the school, off of Marsdale Drive, has resulted in an increase of school related traffic on the street.
Staff reviewed the request and did identify school related traffic utilizing the street. Heavy parking utilization of neighbourhood streets in close proximity to schools is quite common. In order to address concerns related to congestion created by this parking, staff propose that parking be prohibited during school hours.
For Macbeth Boulevard, staff are recommending that parking be permitted on one side of the street from 8:00 a.m. to 4:00 p.m. on school days only. Outside of these times, parking will be permitted on both sides of the street. This will result in parking only being available on one side during school pick-up and drop-off times, which should assist in mitigating the concerns related to the congestion created by the school related parking.
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Following the typical process, staff sent a survey to the affected residents to determine if there was support for the proposal. For these types of requests, staff generally defer to the wishes of the residents. If the majority of residents supported the proposal, a favourable recommendation would be sent to Council. If the majority of residents opposed the proposal, the status quo would remain and no further action would be taken.
Staff distributed seventeen (17) surveys and received eight (8) responses: six (6) in favour and two (2) opposed. Given that the majority of residents were in favour, staff are recommending that parking be prohibited on the south side of Macbeth Boulevard from 8:00 a.m. to 4:00 p.m. on school days only.
Staff spoke with the principal of Oakridge School and they had no concerns with the proposal.
A diagram showing the location of the parking prohibition can be found in Appendix 1. Financial Implications The proposed parking prohibitions will require the installation of No Parking signs at a cost of approximately $200 which will be covered by the Annual Operating Budget (Traffic Safety Devices).
Relationship to Strategic Plan Social Sustainability The recommendations in this report support the Social Sustainability goals of: • Striving for the highest quality of life for all citizens. • Connecting people, places and neighbourhoods.
Prepared by: Steve Bittner Transportation Technologist
Submitted by: Brian Applebee, C.E.T., TOPS Manager of Transportation Services
Approved by: Dan Dillon, P. Eng. Director of Transportation and Environmental Services
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Corporate Report Report from Transportation and Environmental Services, Operations
Date of Report: November 25, 2016 Date of Meeting: January 30, 2017
Report Number: TES-014-2017 File: 68.26.7
Subject: Review of School Crossing Guard Locations – Fall 2016
Recommendation That Council direct staff to remove the school crossing guards at Lake Street at Crescentwood Road, Church Street at King Street and Ontario Street at Ziraldo Road; and
That the City Clerk be directed to prepare the necessary notifications. FORTHWITH Summary Crossing guard reviews are conducted periodically to review if existing locations are necessary or whether crossing guards should be relocated. City staff perform observations, speak with crossing guards and liaise with appropriate school contacts and agencies to evaluate crossing locations. The City has adopted a proactive approach in conjunction with Niagara School Transportation Systems (NSTS) in an effort to anticipate future student walking patterns. The review has resulted in recommendations to relocate three crossing guards to more appropriate locations. Background City staff periodically review the need for school crossing guards at existing locations in light of changing enrolment and school closures. Results of these reviews are then presented to Council for consideration. Report The hiring, training and supervision of school crossing guards at approximately 70 locations across the city is a major undertaking. The annual cost of this program is approximately $700,000. It is therefore imperative that City staff perform periodic reviews to look for efficiencies and prioritize needs. City staff have reviewed several school crossing guard locations through field observations and data from NSTS. The locations evaluated in this report represent crossing locations with low usage numbers or locations at traffic signals.
Lake Street at Crescentwood Drive This crossing location on Lake Street, midway between Linwell Road and Lakeshore Road, once served Orchard Park Public School on Prince Charles Drive (see Appendix 1).
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AGENDA ITEM 4.3
The former Orchard Park school site is now home to L’Ecole Heritage Elementaire (a French language school). As the catchment area for French language schools is large, the majority of students are bussed. NSTS data shows no potential walkers to the school who would cross Lake Street at this location.
Further, no students were observed to cross with the crossing guard at this location except those exiting a school bus, which utilizes its flashing lights and stop sign. As per Highway Traffic Act (HTA) regulations, all traffic is required to stop for the school bus when the lights are flashing and the stop sign is out, meaning that the crossing guard at this location is redundant.
Church Street at King Street This crossing location on Church Street is close to St. Nicholas Catholic elementary school (see Appendix 2). NSTS data shows one potential walker to St. Nicholas who would cross Church Street at this location, however, there are several other potential locations for this student to cross with traffic signals. No students were observed to cross with the crossing guard at this location.
Ontario Street at Ziraldo Road This school crossing is located on Ontario Street, midway between Linwell Road and Lakeport Road (see Appendix 3). NSTS data shows two potential walkers to W. H. Merritt School who would potentially cross Ontario Street at this location, however, there are other crossing opportunities at traffic and pedestrian signals in the area. No students were observed to cross with the crossing guard at this location.
City staff contacted the principals of all affected schools near the crossing locations. The principal of the school nearest the crossing location of Lake Street and Crescentwood Drive had no objections to crossing guard removal. Principals of the schools nearest Church Street at King Street and Ontario Street at Ziraldo Road were contacted with the results of this report but did not offer feedback. Financial Implications The cost of removing signage and pavement markings related to these school crossing locations is approximately $800. This cost will be funded by the annual operating budget (Traffic Safety Devices). Relocation of the crossing guards at these locations will occur prior to the new school term in September 2017, or earlier if other crossing guard locations are established during this school term. The elimination of the three locations will result in a savings of approximately $21,000 per school year.
Notifications District School Board of Niagara, 191 Carlton Street, St. Catharines ON L2R 7P4 Niagara District Catholic School Board, 427 Rice Road, Welland ON L3C 7C1 Niagara School Transportation Services, 12-3350 Merrittville Hwy, Thorold ON L2V 4Y6
Prepared by: Submitted by: Approved by: Peter Leyser Brian Applebee, C.E.T, TOPS Dan Dillon, P. Eng. Transportation Technologist Manager, Transportation Services Director of TES
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AGENDA ITEM 4.3 1
Transportation and Environmental Services, Operations Review... Page 26 of 63 AGENDA ITEM 4.3 2
Transportation and Environmental Services, Operations Review... Page 27 of 63 AGENDA ITEM 4.3 3
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AGENDA ITEM 4.4
Corporate Report Report from Transportation and Environmental Services, Engineering and Construction Date of Report: January 12, 2017 Date of Meeting: January 30, 2017
Report Number: TES-033-2016 File: 18.20.198
Subject: P11-130 Montebello Park Pergola, Fencing and Walkway
Recommendation That Council grant approval to release the Statutory Holdback payment in the total amount of $12,854.16 plus applicable taxes to CSL Group Ltd. with respect to Project No. P11-130 Montebello Park Pergola, Fencing and Walkway, after January 30, 2017, subject to no Statutory Liens having been filed and any outstanding deficiencies having been rectified to the satisfaction of the consultant. FORTHWITH Background Approval of completion and release of holdback payments was delegated to staff by Council at its meeting of May 8, 2004. Exceptions to this delegation deal with those projects whose final costs exceed the awarded contract price.
At its meeting of May 2, 2016, Council awarded Project No. P11-130 Montebello Park Pergola, Fencing and Walkway to the low bidder, CSL Group Ltd., at their bid price of $114,740.00 plus taxes. The project included three components: 1. The replacement of two pergola structures at the entrances of the rose garden, 2. Repainting the existing wrought iron fencing around the rose garden and installing new fence posts, and 3. A new accessible walkway connecting the walkway to the west of the rose garden to the pathway to the east, which is at a lower elevation. Report The Montebello Park Pergola, Fencing and Walkway, Project Number P11-130, was substantially performed on December 7, 2016. The final construction cost of the project of $128,541.56, is $13,801.56 above the contract award amount of $114,740.00, excluding taxes. The Statutory Lien Holdback can be released, in accordance with the Construction Lien Act, 45 days after the date on which a copy of the certificate or declaration of the substantial performance of the contract is published in a construction trade newspaper, subject to a satisfactory Lien check.
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Over the duration of the project, minor and major site conditions resulted in change orders that depleted the general contingency in the contract. Two major site conditions resulted in costly change orders which ultimately exceeded the general contingency.
One change order was the result of the intention to re-use the existing foundation system to support the new pergola structure, closest to Lake Street. However, during excavation, the existing foundations proved to have insufficient frost protection, therefore, new footings and foundations were required.
The other change order resulted from the galvanization process of the existing wrought iron fence panels. Part of this process is dipping the panels in a caustic solution to remove all corrosion, surface residue and other contaminants. Due to the age of the panels, several of the fasteners holding the pickets to the top and bottom rails had fully corroded, therefore, the caustic solution removed the corroded fasteners causing the pickets to dislodge from the rails. Therefore, several of the fence panels were re- assembled and secured by welding each picket back to the top and bottom rail. Financial Implications Staff prepared an updated estimate of $145,740 for the total final project costs, including construction, material testing, inspection, consulting fees and non-refundable taxes. The City Treasurer has confirmed that sufficient funds are available in the project account for P11-130 Montebello Park Pergola, Fencing and Walkway.
Prepared by: Vincent Covatta, M. Arch., B. Tech., O.A.A. Project Supervisor
Submitted by: Christine Adams, P. Eng. Manager of Engineering and Construction
Approved by: Dan Dillon, P. Eng. Director of Transportation and Environmental Services
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AGENDA ITEM 4.5
Corporate Report Report from Parks, Recreation and Culture Services, Programs and Cultural Services
Date of Report: December 29, 2016 Date of Meeting: January 30, 2017
Report Number: PRCS-019-2017 File: 35.65.12
Subject: St. Catharines Cultural Investment Program – Final 2016 Recommendations
Recommendation That Council approve the recommendations for investment through the St. Catharines Cultural Investment Program; and
That staff be directed to make the necessary notifications. FORTHWITH Summary City Council’s approval is being sought for the final round of 2016 funding to be released through the St. Catharines Cultural Investment Program (SCCIP). As per the revised St. Catharines Cultural Investment Policy (Appendix 1), the Arts and Culture Advisory Committee established a SCCIP Review Committee and a Festival Review Committee, reviewed 14 applications to three program streams and finalized recommendations for City Council’s consideration totaling $64,510. Background The St. Catharines Cultural Investment Policy was revised and approved by Council on May 2, 2016. The Policy provides a framework for the St. Catharines Cultural Investment Program (SCCIP) which “is designed to strengthen local arts creation, cultural distribution and engagement in order to improve the spirit and quality of life for its residents. The St. Catharines Cultural Investment Policy aims to serve long term community sustainability by strengthening cultural vitality, economic diversity, environmental awareness and social inclusion. . .”
SCCIP contains six program streams through which arts and cultural organizations can submit requests for funding. To manage the increase in program administration, applications for three of the six programs were released in the spring, and Council approved funding for these programs at their meetings of July 11 and August 22, 2016. Three additional programs were released in August 2016. Applications for the Arts Development Program, Culture Builds Community Program and the Sustaining Festivals Program were accepted at a deadline of October 28, 2016.
At its meeting of August 22, 2016, City Council approved a motion requesting that “the Arts and Culture Advisory Committee be directed to report back on the impact of the revised St. Catharines Cultural Investment Policy.” Report Page 1 of 4 Parks, Recreation and Culture Services, Programs and Cultura... Page 31 of 63
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Report Fourteen applications were received at the October 28, 2016 deadline, through the following programs: # of Applicants Total Request Sustaining Festivals 3 $37,000.00 Arts Development 7 52,539.50 Culture Builds Community 4 21,000.00
Totals: 14 $110,539.50
The Festival Review Committee met to evaluate the Sustaining Festival applications, and the SCCIP Review Committee met to evaluate applications to the other two programs. The evaluation process utilized criteria that was published along with the application materials, which follows the Council-approved SCCIP policy.
The recommendations from both Committees were reviewed and endorsed by the Arts & Culture Advisory Committee at their December meeting. The following investments are being recommended for Council’s approval:
Sustaining Festival Program (for 2017 festivals)
Applicant Request Amount Recommended Niagara Jazz Festival $10,000.00 $ 8,500.00 Niagara VegFest 17,000.00 10,000.00 Pride Niagara 10,000.00 3,000.00
Total Funding Recommended: $21,500.00
Arts Development Program
Applicant Request Amount Recommended Choralis Camerata $4,427.00 $ 4,000.00 Festival of Readers 6,500.00 5,000.00 The Foster Festival 14,000.00 12,000.00 Garden City Productions 1,412.50 1,410.00 Niagara Integrated Film Festival 10,000.00 0 Stolen Theatre 9,000.00 6,100.00 Twitches & Itches Theatre 7,200.00 7,000.00
Total Funding Recommended: $35,510.00
Culture Builds Community Program
Applicant Request Amount Recommended Bravo Niagara! Festival of the Arts $5,000.00 $4,500.00 Club La Salle 10,000.00 0 Adrian D'Avirro and Laurie Sadowski 3,000.00 0 Kevin Hobbs and Laurie Sadowski 3,000.00 3,000.00
Total Funding Recommended: $7,500.00
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AGENDA ITEM 4.5
Transition Year for Festival Program 2016 is a transition year for Festival Program funding. In the course of their research, the Cultural Funding Task Force confirmed that St. Catharines-based festivals have been hampered by previous program timelines which resulted in funding approval partway into the festival season. The local festival season begins in April and may be even earlier in future as the festival community grows, which is likely due to the FirstOntario Performing Arts Centre.
Council’s increase of the 2016 SCCIP budget has allowed the program to accommodate two years of festival funding within one budget year, in order to confirm funding in advance of festival season.
Impact of Revised Policy The Arts & Culture Advisory Committee undertook a preliminary evaluation of the revised SCCIP policy, acknowledging that it is still early to have a full understanding of the policy’s effect. They confirmed the following areas in the policy have been improved: • Vision and Priorities – The vision statement is new, and a positive addition to the policy, and priorities have been updated to reflect Council’s Strategic Plan as well as the Culture Plan 2020. • Six Program Streams – Moving from four program streams to six allows for greater flexibility and the ability of the program to support both established and emerging organizations appropriately. • Conflict of Interest – Clarification around what constitutes conflict of interest for volunteers, and how to manage it, is helpful. • Pre-qualification of new applicants – This exception allows new applicants to apply for funding outside of normal deadlines. The exception was tested four times in 2016, and the result was three emerging organizations and festivals were funded in a timely fashion. Financial Implications Funding recommendations are within the approved 2016 budget of $321,000 for cultural funding. The recommendations within this report will utilize the dollars not yet expended in the 2016 calendar year.
Approved to Date: Festival & Events (2016) 31,000 Sustaining – Core 154,500 Sustaining – Midsized 35,000 Sustaining Festivals 2017 10,000 Arts Development Program 19,000 Culture Days Program 6,990
Subtotal: $256,490
Recommended: $ 64,510
Total 2016 Budget: $321,000
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AGENDA ITEM 4.5
Relationship to Strategic Plan Cultural funding recommended in this report supports three sustainability pillars, as follows: Culture Pillar Goals: • Be a leader in cultural sustainability through increased support for the creative sector. o Actions 9.1 and 10.1 – Implement the Culture Plan. • Support cultural festivals and events that build civic pride, encourage local engagement and attract people to the community.
Economic Pillar goals: • Attract public and private investment, support local businesses and provide excellent customer service to demonstrate we are open for business. • Be an affordable city for young people, families and retired older adults. • Develop partnerships to enhance the economic vitality of the community
Social Pillar goals: • Strive for the highest quality of life for all citizens. • Connect people, places and neighbourhoods. Conclusion The funding recommended within this report will conclude the first year of a re-vamped SCCIP program. Over the course of this year, Council has responded to the recommendations of the Cultural Funding Task Force made in December 2015, and has: • Confirmed that growing and sustaining the cultural sector is important for the future sustainability of our community; • Prioritized the arts, including festivals that celebrate the arts, for the City’s cultural investment programs; • Funded both the 2016 and 2017 festival seasons, thereby eliminating a funding lag previously experienced by local festivals; • Taken a significant step towards the $3.28 per capita, the minimum standards of the City’s comparative municipalities. This year’s funding envelope was $2.43 per capita. Notification PRCS staff will make the necessary notifications to the cultural investment program applicants.
Prepared by: Submitted by: Rebecca Cann Lori Mambella, Acting Manager, Cultural Services Supervisor Programs and Cultural Services
Approved by: Phil Cristi, Acting Director Parks, Recreation and Culture Services
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AGENDA ITEM 4.5 1
INVESTMENT POLICY
May 2, 2016
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CONTENTS Vision Statement ...... 1 Purpose and Priorities ...... 1 Program Streams ...... 1 Sustaining Funding ...... 2 Core Program ...... 2 Midsized Program ...... 2 Festival Program ...... 2 Development Funding ...... 3 Arts Development Program ...... 3 Culture Builds Community Program ...... 3 Culture Days Activity Program ...... 3 Individual Artists Funding ...... 3 Application Process ...... 4 Reporting ...... 4 Evaluation ...... 4 Evaluation Criteria ...... 4 Evaluation Process ...... 5 St. Catharines Cultural Investment Program Review Committee ...... 5 Festival Program Review Committee ...... 5 Eligibility Requirements ...... 6 General Eligibility ...... 6 Ineligible Activities and Organizations ...... 7 Additional Eligibility per Program Stream ...... 7 Sustaining Funding ...... 7 Development Funding ...... 8
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VISION STATEMENT A vibrant arts and culture scene is important to a livable city. St. Catharines’ creative sector is a foundation for community transformation and sustainability: artists and not-for-profit arts organizations are at the heart of this sector.
PURPOSE AND PRIORITIES Stable municipal cultural investment in the arts stimulates growth, innovation and cultural vitality. It ensures a wide range of cultural experiences, activities, events, facilities, programs and services that serve all of St. Catharines’ citizens regardless of age, ethnicity or income. The St. Catharines Cultural Investment Policy is designed to strengthen local arts creation, cultural distribution and engagement in order to improve the spirit and quality of life for its residents.
The St. Catharines Cultural Investment Policy aims to serve long term community sustainability by strengthening cultural vitality, economic diversity, environmental awareness and social inclusion with the following investment priorities:
• cultivate the growth and development of a dynamic and robust creative sector; • support original, made-in-Niagara arts creation; • foster a range of cultural experiences for all of St. Catharines residents, including educational, participatory and audience-based programs; • stimulate innovation and creative enterprise; • celebrate and encourage cultural, social and artistic diversity.
PROGRAM STREAMS The program designed to facilitate this policy will be known as SCCIP – the St. Catharines Cultural Investment Program. Within SCCIP are three (3) program streams which each offer more than one (1) grant. These serve distinct segments of the creative sector and thus strengthen the overall cultural ecosystem within St. Catharines. The program streams and grant types are:
• Sustaining Funding – Grants for core and midsized arts organizations, and festival producers. • Development Funding – Grants for small and emerging arts organizations, and culture-related projects. • Individual Artists Funding – To be developed.
Each program stream has different eligibility and evaluation criteria.
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Sustaining Funding Sustaining funding has three (3) grant programs, designed for established organizations that are Core and Midsized as well as Festival producers. Applicants are eligible for multi-year funding for a maximum of three (3) years, at which time a renewal of funding will be considered.
Core Program Intended for St. Catharines-based, established professional non-profit arts organizations with a mission to develop, create, produce, present and disseminate artistic work in any artistic discipline.
The program is for organizations that have a clear and relevant mission guided by long-term goals and strategies. They have been incorporated for at least five (5) years, have well-established programs and services, developed and delivered with consistency. They are artistically strong with proven impact in the community. There is full-time paid professional leadership (artistic and/or administrative), well-developed administrative structures, stable financial resources and planning, and an active Board of Directors with a clear governance role.
Recipients are ineligible for any other SCCIP program stream, with the exception of the Culture Days Activity Program. Capital requirements or festival activities may be considered for additional investment through this program.
Midsized Program Intended for St. Catharines-based, professional non-profit arts organizations that have a mission to develop, create, produce, present and disseminate artistic work in any artistic discipline. They have been incorporated for at least two (2) years, have impactful annual programs or services that are delivered with consistency and are artistically strong. There is paid professional leadership, developing and/or stabilizing administrative structures and financial resources, emerging long-term planning, and an engaged Board of Directors.
Festival Program Intended for professional festivals that generate cultural tourism and/or significant economic impact, and contribute to the cultural vitality and diversity of St. Catharines. The festival has been produced at least two (2) times and offers unique programming which includes a significant component that takes place in St. Catharines. The festival attracts audiences from within and beyond Niagara, and engages local artists and businesses in festival activities. Festival operations are professionally managed with paid staff resources and/or a dedicated volunteer management team. There is evidence of effective marketing and business planning, stabilizing administrative structures and financial resources, grant support from other government sources and an engaged Board of Directors.
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Development Funding Development funding has three (3) grant programs, designed for small and emerging arts organizations and artist ad-hoc groups, non-profit organizations leading culture-related projects and businesses and individuals leading community-engagement activities. Repeat applicants must show evidence of organizational evolution, program innovation, creative partnerships and/or growth in community engagement.
Arts Development Program Intended for emerging arts organizations and artist ad-hoc groups, or arts organizations that work on a project to project basis, as well as for new arts festivals. This program supports a range of cultural activities, art forms, and art practices, with priority given to Niagara-based arts creation and diverse cultural traditions. Applicants will have been active and/or in existence for at least one (1) year. Equipment and small capital costs will be considered under this program if it is demonstrated that this investment will directly serve the priorities of the St. Catharines Cultural Investment Policy.
Culture Builds Community Program Intended to support projects that engage residents through community art experiences, neighbourhood cultural activities and/or experiences that encourage participation, creativity and innovation. The program is open to artists, cultural organizations and other not-for-profit organizations that have the ability to engage residents at a local community level. Projects will culminate in a work of art or a public event. Projects that engage under-served local communities will be given priority.
Culture Days Activity Program Intended for artists, businesses or organizations who wish to run a Culture Days activity in St. Catharines. Activities must respond to the mandate of Culture Days and create public participation in cultural experiences, with the aim of inspiring future involvement in the cultural life of the community. Culture Days is a 3-day national event at the end of September to raise the awareness, accessibility, participation and engagement of Canadians in the arts and cultural life of their communities.
Individual Artists Funding To be developed.
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APPLICATION PROCESS The City of St. Catharines seeks to ensure a transparent and accountable application, selection and reporting process for all eligible applicants. The process shall be relevant to the nature and expectations of the sector, and ensure the City has sufficient information to evaluate applications. All applicants are required to provide completed applications, must sign Terms and Conditions at the time of application, and abide by them if funding is approved.
Cultural Services staff undertake the administration of the program and related communications with SCCIP applicants, clients and Review Committees. Staff are responsible for creating application materials and final report forms and procedures, and have the authority to make changes to program materials at any time, to maximize success of the program. Staff will consult with the Arts and Culture Advisory Committee should changes be deemed of a significant nature.
The City of St. Catharines aims to promote social diversity and inclusiveness in all areas related to SCCIP. This includes providing, to the best of its abilities, barrier-free access to information and services for organizations, ad-hoc groups and collectives applying to SCCIP for funding, and striving to ensure members of the Review Committees reflect the social diversity of the community.
Reporting The City of St. Catharines requires accountability from all organizations and individuals in receipt of public funding. Successful applicants are required to submit a final report in the format provided by the City no more than three (3) months after the completion of their project. Organizations approved for multi-year funding will be required to submit interim reports. Any organization or individual that fails to submit reports within the time allotted will not be eligible for future funding until completed reports are submitted. Where applicable, the 10% of funding held back at time of approval will be forfeited.
EVALUATION
Evaluation Criteria St. Catharines Cultural Investment Program (SCCIP) applicants must demonstrate that they meet the evaluation criteria of the program stream to which they are applying, which fall under the following categories:
• community impact; • cultural interest; • activities and services (Sustaining – Core and Festival Programs only); • organizational competence / project leadership; • marketing and outreach (Festival Program only); • St. Catharines Cultural Investment Policy Purpose and Priorities.
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This criteria will be used by the Review Committees to develop detailed breakdowns of each category, to be approved by the Arts and Culture Advisory Committee, and made publicly available at the time of program application release.
Evaluation Process The City’s Cultural Services staff facilitate the work of the Review Committees, coordinating materials, meetings and minutes. City staff function as liaison between applicants and reviewers. The Review Committees will undertake an evaluation of all applications and work together to make recommendations for funding. These will be presented to the Arts and Culture Advisory Committee for approval, and then presented to City Council for final approval through a Corporate Report from Parks, Recreation and Culture Services.
Members of the Review Committees are subject to the Conflict of Interest section of this policy.
St. Catharines Cultural Investment Program Review Committee The St. Catharines Cultural Investment Program (SCCIP) Review Committee shall be comprised of community members that reflect, as best as possible, a diversity of knowledge, experience and perspective in the areas of arts and culture and, ideally, both professional and community practice. It is a subcommittee of the Arts and Culture Advisory Committee (ACAC), with a minimum of three (3) and a maximum of five (5), ACAC members. To maximize diversity, ACAC may invite up to two (2) additional community members to participate on the Review Committee. The SCCIP Review Committee will evaluate five (5) of the six (6) SCCIP program streams, and make recommendations for funding.
Festival Program Review Committee For the Festival Program only, applications will be reviewed by a Review Committee made up of the following representatives:
• one (1) staff member from the City of St. Catharines’ Tourism Services; • two (2) tourism industry representatives; • two (2) members of the Arts and Culture Advisory Committee.
The Festival Review Committee will make recommendations for funding to City Council through the Arts and Culture Advisory Committee.
Conflict of Interest Review Committee members will abide by Conflict of Interest procedures as outlined herein. As per the Simplified Meeting Procedures for Advisory Committees of Council, all members should disclose any personal financial interest in an application, and should avoid taking part in any discussion of the matter or voting on the related recommendation, if their interest is of a significant and personal nature that could influence their participation.
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A personal financial interest is reasonably assumed significant if the Review Committee member is connected to a SCCIP applicant through:
• board membership; • a contract for services; • rental of facilities or equipment, to or from, an applicant; • a bartering of services/equipment with an applicant; and • if they have occurred within the previous twelve (12) months, or are reasonably anticipated within the next twelve (12) months.
This list is not exhaustive.
It is the responsibility of all Review Committee members to declare their own conflicts of interest. Members will be asked to declare conflicts of interest prior to applications being distributed for review. In the event conflict of interest is declared, a committee member will not review that application, and will remove him/herself from the room during discussion of that application. On return, he or she will refrain from any future discussion related to that applicant or related recommendations.
No Review Committee members will be paid staff of any SCCIP applicant. Should a committee member accept a paid position with any current applicant or active client, he/she will resign from the Review Committee immediately, return all application materials, and respect application information as confidential.
ELIGIBILITY REQUIREMENTS
General Eligibility St. Catharines Cultural Investment Program (SCCIP) funds are available to not-for-profit arts organizations engaged in ongoing creation, production, presentation and dissemination activities related to the performing, visual, literary and media arts.
All applicants must:
• be active in St. Catharines; • provide programming or services that are open to the public and publicized city-wide; • have a diversified revenue base, which can include memberships, significant earned revenue, funding from other levels of government, and support from the private sector through fund-raising activities, donations and sponsorships.
Additional eligibility requirements apply for each grant program. Some programs provide exceptions to General Eligibility.
Arts organizations and artist ad-hoc groups that operate on a not-for-profit basis but are not incorporated, may apply to some programs. First-time applicants that are not incorporated are eligible for a maximum of $3,000 in funding.
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Ineligible Activities and Organizations Some activities are beyond the scope of this program, regardless of their merit. No activities will be funded retroactively.
Grants are not available for:
• civic departments, boards, commissions or advisory committees, City programs or projects (i.e. libraries, community centres); • social service, religious, or sports organizations; • educational institutions (schools, colleges etc.); • club or community centre programs; • conferences, conventions or banquets; • scholarships, prizes and awards; • as donations (including the waiving of fees and charges); • for groups raising funds for non-cultural causes; • for uniforms or personal equipment; • for deficit reduction.
Exceptions Non-cultural organizations that are incorporated and individual artists may be eligible for the Culture Builds Community Program. Businesses and individual artists may be eligible for the Culture Days Activity Program. Projects that are political or religious in nature, or that further related doctrine, are not eligible to apply.
Additional Eligibility per Program Stream
Sustaining Funding
Core Program In addition to the General Eligibility requirements, applicants must:
• be in existence for at least five (5) years, must operate on a year-round basis and be a Federally or Provincially incorporated not-for-profit; • have full-time paid professional artistic, curatorial and/or administrative staff; • have operating revenues of no less than $250,000 per year; • produce a full season of programming as per industry standards; • have significant resources that serve the local arts sector (ie. facility, equipment, and people); • pay principal artistic contributors for their services in accordance with professional industry standards.
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Midsized Program In addition to the General Eligibility requirements, applicants must:
• be in existence for at least two (2) years and be a Federally or Provincially incorporated not-for-profit; • have ongoing paid professional artistic, curatorial and/or administrative staff; • produce a minimum of three (3) public activities per year; • have operating revenues of no less than $30,000 per year; • pay principal artistic contributors for their services in accordance with professional industry standards.
Festival Program In addition to the General Eligibility requirements, applicants must:
• be in existence for a minimum of two (2) years and be a federally or provincially incorporated not-for-profit organization or; a non-incorporated organization that confirms it operates on a not-for-profit basis; • meet the definition of a festival (see Glossary of Terms) and provide programming or services that are continuous, open and or otherwise accessible to the public; • Have paid staff and/or a contracted festival coordinator and/or a dedicated volunteer management team; • have completed two (2) successful festivals prior to application; • pay principal artistic contributors for their services in accordance with professional industry standards; • have a revenue base of no less than $30,000 and be an applicant for festival funding from other government sources such as Niagara Investment in Culture, Celebrate Ontario or the Department of Canadian Heritage Festival Program.
Eligibility Exception to Festival Program Should a club, community centre, social service, religious or sports organization have a significant festival that substantially engages broader audiences and meets all other program eligibility criteria, they may be eligible to apply. The festival cannot be a fundraiser.
Development Funding Arts Development Program In addition to the General Eligibility requirements, applicants must:
• pay principal artistic contributors for their services in accordance with generally accepted industry standards, and according to the applicant’s practices and associations; • have been in existence for a minimum of twelve (12) months, with evidence of public activity.
Repeat applicants must show evidence of organizational evolution, program innovation, creative partnerships and/or growth in community engagement.
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Culture Builds Community Program In addition to the General Eligibility requirements, applicants must:
• engage people from a local community in St. Catharines; • Pay lead artists for their services in accordance with generally accepted professional arts management standards.
All organizational applicants must have been in existence for a minimum of twelve (12) months, with evidence of public activity.
Eligibility Exceptions for Arts Development and Culture Builds Community Programs • Non-cultural organizations that are registered not-for-profits and meet all other program requirements may apply for the Culture Builds Community Program. • Individual artists leading a community art project that engages the broader community and meets all other program requirements may apply to the Culture Builds Community Program stream. • Arts organizations and artist ad-hoc groups that operate on a not-for-profit basis, but are not registered, may apply to the Arts Development and Culture Builds Community Programs. • Subject to prequalification, first-time applicants that have been in existence for less than a year at the time of the application deadline may be permitted to submit an Arts Development grant application outside of normal program deadlines. Prequalification will require that the applicant demonstrate that they are on a 2-year trajectory to be eligible for sustaining programs. Consultation with City staff will be required and the applicant may also be required to present to the Arts & Culture Advisory Committee. All other program eligibility requirements apply. Prequalification must be granted prior to submitting an application and does not guarantee that the application will be successful.
Culture Days Activity Program Applicants to the Culture Days Activity Program are not required to meet all of the General Eligibility Requirements of SCCIP. Activities must:
• take place in St. Catharines during the Culture Days weekend; • be free and open to the public; • engage the public in hands-on, interactive cultural experiences and encourages continued involvement in local culture; • employ (and pay) local artists and cultural workers; • be distinct from normal activities offered by applicant.
Eligibility Exceptions to Culture Days Activity Grant For-profit businesses are eligible for this program when all other eligibility requirements are met. Business applicants are eligible for artist fee costs only.
9 Parks, Recreation and Culture Services, Programs and Cultura... Page 45 of 63 AGENDA ITEM 4.5
www.stcatharines.ca/sccip [email protected]
Parks, Recreation and Culture Services, Programs and Cultura... Page 46 of 63
AGENDA ITEM 4.6
Corporate Report Report from Legal and Clerks Services, Office of the City Clerk
Date of Report: January 5, 2017 Date of Meeting: January 30, 2017
Report Number: LCS-026-2017 File: 10.3.25
Subject: Year-end Report – Code of Conduct Complaints
Recommendation That Council receive for information the annual report as it relates to the Code of Conduct for Elected Officials (the Code of Conduct). FORTHWITH Background This report is presented to Council annually as per the Code of Conduct:
(6) Should no complaints be received within a calendar year, the Clerk shall report to Council accordingly and no annual report shall be made by the Integrity Commissioner. Report Two formal complaints were filed in the Clerk’s Office in 2016. It was determined that there were no violations against the Code of Conduct.
The Integrity Commissioner that was hired to review and consider both of these complaints responded to Council and the Appellant in both cases. The complaints were satisfactorily resolved. The City of St. Catharines, at that time, did not have its own Integrity Commissioner, therefore, the reports that were filed by the Integrity Commissioner will serve as the requirement within the Code of Conduct for an annual report. These reports are available for Council’s perusal on the City’s web site. Financial Implications The cost for the services of an Integrity Commissioner for 2016 was $4,900.
Prepared by: Submitted & Approved by: Bonnie Nistico-Dunk Heather Salter City Clerk Interim Director of Legal and Clerks Services/City Solicitor
Report Page 1 of 1 Legal and Clerks Services, Office of the City Clerk Year-end... Page 47 of 63
AGENDA ITEM 4.7
Corporate Report Report from Legal and Clerks Services, Office of the City Clerk
Date of Report: January 20, 2017 Date of Meeting: January 30, 2017
Report Number: LCS-032-2017 File: 10.12.1
Subject: Council Correspondence
Recommendation That Council receive and file the items listed within the report; and
That, at the request of Councillor Haywood, Council direct staff to remove from the Outstanding Reports List, the following report requests: (i) Fire and Emergency Management Services to go over every recommendation item found in the Fire Marshall's Report and give an update to Council on those items by the 2nd quarter of 2016, and (ii) Report on reforming the City’s parks grass cutting contract to include more sustainable practices, both environmentally and economically, within the contract; and
That, at the request of Councillor Siscoe, Council direct staff to remove from the Outstanding Reports List, the following report requests: (i) Report on the feasibility of a traffic light at St. Paul Street and James Street; (ii) Report on the implications of regulating the sale of cats and dogs in pet stores; (iii) A comparison report on by-law for regulating keeping of dogs evaluating the section relating to restraint; and (iv) Report on the recent changes to the animal control by-law to see if it can be made less restrictive while maintaining the spirit of what was passed; and
That, at the request of Councillor Britton, Council direct staff to remove from the Outstanding Reports List, report request regarding Emergency Dispatch Services Working Group for the creation of implementation strategy to find the $1 million savings as identified in the IBI Group Study; and
That, at the request of Councillor Harris, Council direct staff to remove from the Outstanding Reports List, report request regarding speeding on Oakmount and Marsdale Drives; and
Further, that Council receive and file additional correspondence distributed for the meeting held January 30, 2017, which is available upon request. FORTHWITH Report The Office of the City Clerk is submitting, for the approval of Council, correspondence received during the period of January 6, 2017, to January 20, 2017.
Report Page 1 of 2 Legal and Clerks Services, Office of the City Clerk Council ... Page 48 of 63
AGENDA ITEM 4.7
Grants to Offset Fees for use of Municipal Facilities and Services 1. Muslim Seniors Circle Niagara; Re: Request to waive cost of monthly hall rental
General Correspondence 2. Niagara VegFest; Re: Request to declare event one of municipal significance (see Council Agenda, January 30, 2016, for Motion) 3. Planning and Building Services; Re: Building Activity Statistics for December 2016 4. Trillium Automobile Dealers Association; Re: Thank you respecting Council’s motion to not support a Vehicle Registration Tax 5. Elizabeth Finnie, Historical Society of St. Catharines; Re: Thank you respecting the consideration of Rodman Hall designation
Reports Requested by Council 6. Outstanding Reports List – updated January 20, 2017
Prepared by: Submitted by: Approved by: Rebecca Alfieri Bonnie Nistico-Dunk Heather Salter Council & Committee Coordinator City Clerk Director/City Solicitor (Interim)
Legal and ClerksReport Services, Page Office2 of 2 of the City Clerk Council ... Page 49 of 63
AGENDA ITEM 4.7
From: Naheed Qureshi Sent: January 13, 2017 3:38 PM Sub-item 1 To: CLERKS Website Division Mailbox Subject: Muslim Seniors Circle Niagara To Mayor and Councils Office, City of St Catharines Hi Applying for the support from City of St. Catharines for our Muslim community Seniors group (MSC-Niagara) we have founded in October 2015. Our community is growing and it is really hard for us with no financial support to keep our seniors group running efficiently the way it is suppose to be. We are trying to find the resources available in the region for every seniors. We are in communication with the Niagara Region also for the assistance and as per their advice trying to engage the City of St.Catharines also for the much needy support for our community. We need a Venue or location for our seniors regular monthly meeting. No kitchen facility required. Currently we meet once every month (2nd Sunday of the month from 1.30pm to 5.30pm) for 4 hours and renting a small place which is quiet challenging and getting harder day by day to keep it going. Number of attendance varies in monthly meeting between 20-35 seniors each month. Activities we are doing in these monthly meetings are as follow: We are organizing a health session for seniors every month by inviting health professional from different health sector of Niagara. Play different games socialize intermingle and share time together and at the end of meeting serve tea coffee with ready to go snacks. For future plan we are planning to organize and add some regular physical activities starting on monthly basis and if resources permit will gradually bring it to weekly basis. Kindly consider our request and give our seniors group much needed assistance here. Rental facility that can fit in as per our need we see on city site online are as such: Russel Ave. community Centre- Large meeting Room Kiwanis Aquatics centre-Irene Room Dunlop Dr. older Adult centre-Small meeting room- Craft room More over we are very flexible If any other location available. Looking forward to hear back soon. In the last many Thanks to the City of St. Catharines for their enormous support at our June 2016 Ramadan Dinner. Sincerely Naheed Qureshi Organizer/Founder MSC-Niagara 905-682-1374
Canadian Council of Muslim Women Secretary, Niagara Chapter Niagara District Council of Women Administrative (Membership) Convener
Legal and Clerks Services, Office of the City Clerk Council ... Page 50 of 63 AGENDASh.IL/, ITEM 4.7 2_ NIAGARA Niagara VegFest 11h Edmund St. RECEIVED St. Catharines, 0 N JA:l O 3 2017 'VctJfest L2R 2E9 CITY CLERK'S OFFICE ::iT. CATHAR:!l!!:S, ONTARIO Sub-item 2 Carol Coull/ Bonnie Nistico-Dunk Office of the City Clerk, City Hall PO Box 3012, 50 Church St. St. Catharines ON L2R 7C2 January 6, 2017
Re: Niagara VegFest 2017
I am writing to request that the Cityof St. Catharines recognize Niagara VegFest an Event of Municipal Significance. June 4th, 2017 marks the 6th installment of this annual event, an event that has been embraced by the local community in a number of different ways.
Over the past five years, our festival has brought thousands of people to downtown St. Catharines. Attendance from a firstyear of 1,300 has grown to over 5,000. The event, as it continues to grow and attract more visitors, is now a fixtureamong high quality events that bring people to St. Catharines. Many of these visitors to the festivalcome fromthe Niagara region, but we also have a number of people travel from other parts of Ontario and the United States to attend the festival. While they are in town for the festival they also often spend time exploring other tourist attractions in the Niagara region.
Niagara VegFest works with local businesses, educational institutions, and community groups. We have partnerships with local businesses like Fiddler's Pour House, Rise Above, Beechwood Doughnuts, Rescue Dogs, Small Batch Co., The Vegan Hippie Chick, Mahtay Cafe, Merchant Ale House, and many more. We also host a Community Care food drive at the festival. Last year featured a live music stage sponsored by the Niagara Jazz Festival.
Niagara VegFest celebrates the many benefits of a plant-based (i.e. vegan) lifestyle, and showcases the many innovative businesses and organizations that cater to this lifestyle in the Niagara region. For too long there has been a misconception that in order to findthese kinds of options one must travel to Toronto - one of our main goals is to demonstrate to people that this simply is not the case! Further, as Niagara is of Canada's premiere growing regions, we couldn't imagine a better place to situate a festival like this.
Niagara VegFest is a fullday event that includes a vendor/exhibitor hall, a roster of internationally-renowned speakers, workshops, delicious food,and activities forkids.
In 2017 Niagara VegFest will take place on Sunday, June 4th at Market Square (91 King Street) in St. Catharines. The festivalbegins at 11am and closes at 6pm on that day.
If you have any questions or require any further information fromus, please do not hesitate to get in touch with us. DISTRIBUTION Thank you, Orig i al to: . !}} _ , Lo. y,.-n Copy sent to: L rie Morrison Mayor.----- Director, Niagara VegFest CAO:----·---- 11hEdmund Street St. Catharines, ON L2R 2E9 Department: (905) 359-8513 [email protected]
Legal and Clerks Services, Office of the City Clerk Council ... Page 51 of 63 AGENDA ITEM 4.7 The Corporation of the PO Box 3012, 50 Church Street City of St. Catharines St. Catharines, ON L2R 7C2 Tel: 905.688.5600 | Fax: 905.682.3631Sub-item 3 www.stcatharines.ca TTY: 905.688.4TTY (4889)
Planning and Building Services Building and Development
To: His Worship the Mayor and Members of Council
Building Activity Statistics for the Month of December 2016
Month Number Number of Number Number of Estimated Number of Demolition of Sign Plumbing Value of of New Building Permits Permits Only Construction Dwelling Permits Permits Units
January 54 3 16 8 $32,989,160 129
February 64 13 17 16 $6,521,440 12
March 55 5 32 30 $4,955,476 9
April 85 7 33 13 $17,226,378 74
May 68 7 17 19 $6,736,375 11
June 94 9 26 21 $14,975,969 16
July 71 10 26 29 $4,423,792 14
August 79 12 21 12 $9,388,184 30
September 67 11 13 21 $23,123,855 16
October 64 9 34 17 $26,306,550 7
November 63 3 39 16 $7,799,165 20
December 60 11 24 24 $13,412,025 43
TOTAL 824 100 298 226 $167,858,369 381
Legal and Clerks Services, Office of the City Clerk Council ... Page 52 of 63 AGENDA ITEM 4.7 Major Building Projects Over $250,000: Month of December 2016 (excluding single and two-family dwelling units) Construct a 9-unit Apartment Building Construct a Foundation Only for 37 unit Sub-item 3 63 Vine Street, South Condominium Building – Yates Street $1,500,000 Residences 77 Yates Street $1,200,000 Construct an Addition to Medical Clinic Construct a Mercantile Addition For Multi-Unit Plaza 271 Merritt Street 574 Carlton Street $850,000 $1,000,000 Construct a 4-unit Row House Construct an Automatic Car Wash (Units 5 – 8) Building 60 Canterbury Drive 75 Niagara Street $760,000 $625,000 Construct a 6-Bay Coin Wash Building Construct a 3-unit Row House 75 Niagara Street (Units 9 – 11) $625,000 60 Canterbury Drive $570,000 Construct a 4-unit Row House Alter Interior and Construct a New Front 17 Jacob Common Entrance Façade for Gerrie Electric $532,000 32 Dunkirk Road $300,000
Comparative Building Activity Statistics for the Month of December 2015
Month Number Number of Number Number Estimated Number of Demolition of Sign of Value of of New Building Permits Permits Plumbing Construction Dwelling Permits Only Units Permits
January 32 3 22 16 $4,396,120 5
February 39 0 9 10 $6,837,528 13
March 67 3 26 23 $6,923,665 12
April 74 7 51 14 $8,664,790 30
May 77 16 34 18 $12,107,065 18
June 97 11 28 17 $8,303,890 17
July 84 10 34 28 $5,539,674 13
August 81 12 37 20 $11,382,073 36
September 79 7 27 22 $20,279,770 22
Legal and Clerks Services, Office of the City Clerk Council ... Page 53 of 63 AGENDA ITEM 4.7
Month Number Number of Number Number Estimated Number of Demolition of Sign of Value of of Sub-itemNew 3 Building Permits Permits Plumbing Construction Dwelling Permits Only Units Permits
October 68 5 30 29 $6,262,965 18
November 65 6 39 21 $11,586,142 21
December 54 9 35 17 $11,857,033 19
TOTAL 817 89 372 235 $114,140,715 224
Brian Thiessen, M.A.A.T.O., C.B.C.O. Manager of Plans Examination
Legal and Clerks Services, Office of the City Clerk Council ... Page 54 of 63 AGENDA ITEM 4.7
Sub-item 4 DISTRIBUTION Serving the Interests of Ontario New Car OriQ>tfj;I to: 0 and Truck Dealerships for over 1 DD years. - RECEIVED Copy sent to: JA;l OJ 2C17 Mayor: ____ C!TY CLERK'S OFFICE CAO: ___ - ST. CATHAR!NES, CNTA?.!O e January 5, 2017 Departm nt:
St. Catharines City Council 50 Church St., PO Box 3012, St. Catharines, ON L2R 7C2
Dear St. Catharines City Council:
On behalf of the Trillium Automobile Dealers Association, representing over 1,000 new car dealers across Ontario, I'm writing to express my deep gratitude for Council's unanimous vote on April 4, 2016 not to support a municipal Vehicle Registration Tax.
As you know, the Ministry of Municipal Affairs and Housing was reviewing the Municipal Act and giving serious consideration to extending additional taxing power to Ontario's municipalities - including a municipal Vehicle Registration Tax. We estimate that such a tax would cost Ontario drivers over $600 million every year just because they need the family car.
On November 16, 2016, Municipal Affairs Minister Bill Mauro introduced Bill68, Modernizing Ontario's Municipal Legislation Act, 2016 - the result of the Ministry's year long consultation on the Municipal Act. Bill 68 contains no new powers for municipalities to implement a vehicle registration tax.
There is no doubt your unanimous vote played a key role in defeating this unnecessary tax on the family car. On behalf of Ontario's new car dealers, thank you for your support.
In closing, please accept my best wishes. 1u. 15 l'J. C'o.( Je,. lc,(S II\ 5 - Ca ''" Frank Notte 11&ptti