Protect Our Parks

(H) REPORT NO. CDS-116-05 – NIAGARA PARKS COMMISSION MARINA – JOINT STEERING COMMITTEE
Recommendation No. 14
Moved by: Mayor Redekop
THAT: Council authorize the establishment of a Joint Steering Committee with the Niagara Parks Commission to investigate land use and development opportunities with respect to the Niagara Parks Marina and associated lands, and further
THAT: Council authorize the preparation of Terms of Reference for the above noted Steering Committee and that the Terms of Reference be presented to Council for consideration and adoption, and further
THAT: Council authorize notice in order to seek and select citizen appointees to the above noted Steering Committee. (CARRIED)

Support of Fort Erie/Niagara Parkway Marina Proposal
Resolution No. 26
Gorham-Lewis
THAT: The Municipal Council of the Town of Fort Erie hereby supports a public/private partnership for development of the Niagara Parks Marina provided there is a public, open and transparent process regarding any such development. (CARRIED)

The Municipal Corporation of the
Town of Fort Erie
BY-LAW NO. 205-05
BEING A BY-LAW TO ESTABLISH THE
FORT ERIEINIAGARA PARKWAY MARINA STEERING
COMMITTEE
WHEREAS By-law No. 144-99 was passed by the Municipal Council of the Town of Fort Erie on the
16th day of August, 1999 to authorize the entry into a Strategic Alliance Agreement with the Niagara
Parks Commission, and
WHEREAS the purpose of the agreement was to strengthen the shared vision of preserving the natural
beauty of parklands while jointly exploring new ventures, finding the means to implement identified
and future opportunities in tourism, economic, heritage and recreational developments in and along the
Niagara River within the boundaries of the Town of Fort Erie, and
WHEREAS By-law No. 106-200 1 was passed by the Municipal Council of the Town of Fort Erie on
the 18″‘ day of June, 2001 to adopt the Fort Erie Tourism and Leisure Master Plan, and
WHEREAS the said plan makes reference to the Niagara Parks Commission marina located on the
Niagara Parkway in the Town of Fort Erie whereby it presents a considerable opportunity for Fort Erie
to expand the resident and transient boating market by partnering with the Commission to redevelop
and expand the facility, and
WHEREAS Report No. CDS-116-05 was approved at the Council-in-Committee Meeting of
September 19,2005 as follows:
THAT:Council authorize the establishment of a joint Steering Committee with the Niagara Parks Commission to
investigate land use and development opportunities with respect to the Niagara Parks Marina and associated
lands; and
THAT:Council authorize the preparation of Terms of Reference for the above-noted Steering Committee and that
the Terms of Reference be presented to Council for consideration and adoption; and
THAT:Council authorize notice in order to seek and select citizen appointees to the above-noted Steering
Committee, and
WHEREAS Report No. CDS-116-1-05 was approved at the Council-in-Committee Meeting of
November 7,2005 as follows:
THAT:Council adopt the Terms of Reference for the Fort Eriemiagara Parkway Steering Committee attached
as Appendix “2″ to Report No. CDS- 1 16- 1 -05; and
THAT:The EDTC recommends appointees to the Steering Committee as per the Terms of Reference, and
By-law No. 205-05 Page Two
WHEREAS it is deemed desirable to establish the Fort Eriemiagara Parkway: Marina Steering
Committee, its composition thereof and terms of reference as annexed hereto as Schedule “A” to
this by-law;
NOW THEREFORE the Municipal Council of The Corporation of the Town of Fort Erie hereby
enacts as follows:
1. THAT the Fort Eriemiagara Parkway: Marina Steering Committee (hereinafter be referred to
as the “Steering Committee”) be and it is hereby established.
2. THAT the Steering Committee shall be composed of ten (10) members as follows:
Mayor (Ex Officio) Member of Council (1)
Niagara Parks Commission Member (1) EDTC Chairman (1)
Niagara Parks Commission Staff (1) EDTC General Manager (1)
Community Stakeholders (4)
3. THAT the Steering Committee shall have a term of six (6) months f?om the date of passage of
the by-law and any term extensions and appointments may be granted by resolution of Council
and the Niagara Parks Commission.
4. THAT the Terms of Reference for the Steering Committee in the form of Schedule “A”
annexed hereto to this by-law be and they are hereby approved and adopted.
5. THAT pursuant to the provisions of Section 227 of the Municipal Act, 2001 the Clerk of the
Town of Fort Erie is hereby authorized to effect any minor modifications or corrections of an
administrative, numerical, grammatical, semantical or descriptive nature or lund to the by-law
and schedules as may be necessary after the passage of this by-law.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14′~D AY OF
NOVEMBER, 2005.
CLERK
I, Carolyn J. Kett, the Clerk, of The Corporation of the Town of Fort Erie hereby certifies the foregoing to be a true
certified copy of By-law No 205-05 of the said Town. Given under my hand and the seal of the said Corporation this
day of , 200 .
SCHEDULE “A” to BY-LAW NO. 205-05
O N T A R I O
Fort ErielNiagara Parkway:
Marina Steering Committee
TERMS OF REFERENCE
November 2,2005
Fort Erie/
NIAGA RA PARKWAY: MARINA STEERING COMMITTEE
TERMS OF REFERENCE
SECTION 1 NAME & PURPOSE
1.01 The official name shall be the “Fort Erie/Niagara Parkway: Marina Steering
Committee “.
1.02 The purpose of the Steering Committee is to investigate land use potential
with the goal of exploiting significant and complementary development
opportunities with respect to the Marina and associated lands.
1.03 The Steering Committee shall provide advice and recommendations to the
Niagara Parks Commission and the Town of Fort Erie on the marina
development as an economic development tool to support and sustain
current operations as well as the potential to build on this asset by capturing
more of the resident and transient boating market. Decisions and
recommendations of the Steering Committee do not bind in any way the
Niagara Parks Commission or Town of Fort Erie.
1.04 The Steering Committee shall study the Niagara Parkway Marina facility and
associated lands in order to provide recommendations to the Town of Fort
Erie and the Niagara Parks Commission that may result in a shared,
sustainable development vision, which addresses its total potential. This
vision will explore innovative venture partnerships and means to implement
identified and future opportunities in tourism, economic, heritage, recreational
and specialty residential development.
1.05 It is envisioned that the Steering Committee may, in the course of performing
its duties, determine that additional roles and responsibilities are necessary.
So as not to compromise the scope of the assignment, the Committee may
engage in new tasks as required.
SECTION 2 COMPOSITION & MEMBERSHIP OF STEERING COMMITTEE
2.01 The Steering Committee shall be managed by the Fort Erie Economic
Development and Tourism Corporation with representation as follows:
Mayor (Ex Officio)
One Appointed Member of Town of Fort Erie Council
One Appointed Member of Niagara Parks Commission
One Appointed Staff of the Niagara Parks Commission
Chairman of the Fort Erie Economic Development and Tourism Corporation
General Manager, Fort Erie Economic Development and Tourism Corporation
Four at large Appointees recommended by the Fort Erie Economic Development
and Tourism Corporation and approved by the Niagara Parks Commission
Fort Erie/
NIAGARA PARKWAY: MARINA STEERING COMMITTEE
TERMS OF REFERENCE
2.02 The Chair of the Fort Erie Economic Development and Tourism Corporation
shall be the Steering Committee Chair.
2.03 The Vice Chair shall be a Member of the Niagara Parks Commission
2.04 All appointees must be bound to honour the confidentiality required by the Fort
Erie Economic Development and Tourism Corporation in dealing with requesting
and managing a request for business proposals and as a condition of
appointment, all Steering Committee members will be required to sign an
agreement of confidentiality with the Fort Erie Economic Development and
Tourism Corporation binding Steering Committee members to that condition of
performance.
2.05 No member of the steering-committee may have a conflict of interest with
respect to fiduciary or financial gain in any of the proposals submitted or their
advice to the committee and must be able, at all times to declare they have an
absence of financial interest in the project.
2.06 The Appointees at large must be resident taxpayers in the Town of Fort Erie.
2.07 If a Steering Committee Member, including the Chair, Vice-Chair, is absent from
three (3) regularly scheduled meetings, that individual shall forfeit membership
unless the individual has previously obtained a leave of absence from the
Steering Committee.
SECTION 3 REPORTING RELATIONSHIP OF STEERING COMMITTEE
3.01 Upon completion of the project, the Steering Committee shall submit to the
Council of the Town of Fort Erie and the Niagara Parks Commission copies of
all minutes, including reports and strategies as required.
SECTION 4 TERM
4.01 The Steering Committee shall have a term of six months from the date of
passage of the appointment by-law(s). Term extensions and appointments
may be granted by Resolution of Council and the Niagara Parks Commission.
SECTION 5 QUORUM AND MEETINGS
5.01 A majority of the Steering Committee Members shall form a quorum for the
transaction of business. The Members may hold its meetings at such place
or places as it may from time to time determine.
Fort Erie/
NIAGA RA PARKWAY: MARINA STEERING COMMITTEE
TERMS OF REFERENCE
SECTION 6 RECOMMENDATIONS, DECISIONS AND VOTING
6.01 Recommendations and Decisions of the Steering Committee, pursuant to
Subsection 1.03, are to be made on a consensus basis. If a vote is required,
decisions will be based on a majority vote of the Members present, in which
case each member is entitled to one (1) vote. In case of an equality of votes
the Chairman shall cast a vote. The reason for dissenting votes will be
recorded but there will be no record as to who cast the votes, either for or
against.
SECTION 7 DUTIES OF CHAIR AND VICE-CHAIR
7.01 The Chair shall preside at all meetings of the Steering Committee. During the
absence of the Chair, the Vice-Chair shall assume the duties and
responsibilities of the Chair.
SECTION 8 BOOKS AND RECORDS
8.01 The Steering Committee shall ensure that all necessary records of the
Steering Committee or any applicable statute or law are regularly and
properly kept.
8.02 At the conclusion of the term of the Steering Committee the Chair shall
ensure that the Town of Fort Erie and the Niagara Parks Commission
receives all records and documents arising out of the business of the
Steering Committee.
SECTION 9 SUPPORT SERVICES TO THE STEERING COMMITTEE
9.01 In order to achieve ther~ll goals of[lzl the Steering Committee may request
from the Town of Fort Erie andlor the Niagara Parks Commission any
information and support as deemed necessary.