Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2005/10/17
The Cily of Niagara Fal i Canada PRAYER: Alderman Joyce Morocco COUNCIL MEETING October 17, 2005 ADOPTION OF MINUTES: Council Minutes of October 3, 2005 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Communities in Bloom Environment Awards 2005 Judy LaMarsh Tribute DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS/ PRESENTATIONS Fran Berry of the Park In the City Committee and Dino Fazio of the Winter Festival of Lights will make a presentation to Council regarding the City and the WFOL entering into Communities in Bloom Winter Lights Competition. Representatives from the Park In The City Committee and the Mayor will present awards to the Environment Award Winners for 2005: Michael Vincent Cuviello and Peter Grandoni, posthumously. Pam Walker will address Council on an upcoming tribute to Judy LaMarsh, which will beheld on October 26 at the Niagara Falls Public Library. Women's Place of South Niagara Tamara Coleman- Lawrie, Development Officer with Women's Place and Tom Snodgrass will outline the kick off for "Week Without Violence a Canadian -wide initiative. Fire Fighter Volunteer Efforts Mark Coons, Captain- Fire Suppression will make a presentation to Council on volunteer efforts of local fire fighters during various global disasters. Heritage Master Plan -AND- 2 Carl Bray of Carl Bray Associates will make a presentation to City council regarding the findings and recommendations contained in the Heritage Master Plan. Memo from the Director of Parks, Recreation Culture re: Heritage Master Plan Executive Summary. ITEM NO. 42 PLANNING MATTERS Public Meeting Zoning By -law Amendment Application AM- 23/2005 Southwest corner of McLeod Road and Alex Avenue Background Material: Recommendation Report: PD- 2005 -79 MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2005 -82 Holding By -law 2. Chief Administrative Officer PD- 2005 -81 Site Plan for Sport Dome on Sinnicks Avenue 3. Chief Administrative Officer PD- 2005 -80 Intent to Designate Loretto 1 a. 3 PLANNING MATTER COMMUNICATION Letter from Pastor Myles Holmes- Pastor Myles Holmes wishes to address Council on statements made at rezoning application and to request Council to reconsider their decision of August 29,2005. 1 b. Letter from Peter Lesdow supporting the Church's request to reconsider their re- zoning application. 1 c. Memo from City Clerk- background information regarding reconsideration motions. 1 d. Memo from Planning and Development memorandum re: site plan for 6846 Frederica Street. MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Resolution Town of Fort Erie in regards to the resolution passed by the Town of Fort Erie about the US Government Passport Initiative. -AND- Office of the Regional Clerk- Resolution passed by the Region of Niagara regarding Security of the Border, Documents Required for Travel. RECOMMENDATION: For the Consideration of Council 2. National Students Against Impaired Driving Day requesting that the City proclaim October 18,2005 as "National Students Against Impaired Driving Day in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Hand Writing Analysis Day requesting that Saturday, October 29 th 2005 be proclaimed as "Hand Writing Analysis Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF "IN CAMERA" ACTIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2005 -47 Cancellation, Reduction or Refund of Taxes Under Section 357 of the Municipal Act. L- 2005 -40 Niagara Falls Hydro Annual Resolutions MW- 2005 -119 Tender No. T12 -2005 New Equipment Purchase R- 2005 -52 2005 Sports Wall of Fame Inductees R- 2005 -53 Ontario Heritage Foundation Award RESOLUTIONS BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2005 -174 A by -law to amend By -law No. 79 -200, to permit a cottage rental dwelling. 2005 -175 A by -law to amend By -law No. 79 -200, to permit a new car agency on the property. 2005 -176 5 A by -law to authorize the execution of a License Agreement with Fallsview Golf Inc. respecting the use of certain space for an advertising display sign on the western and eastern facades of the former CP railway bridge spanning Marineland Parkway, in the City of Niagara Falls. 2005 -177 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17 day of October, 2005. NEW BUSINESS Teresa Fabbro Fwd: Council Agenda Page 1 From: Dean lorfida To: Teresa Fabbro Date: 10/6/2005 4:18:10 PM Subject: Fwd: Council Agenda "Sue Forcier" <sforcier ©niagarafalls.ca> 9/27/2005 1:40 PM Winter Festival of Lights The Park in the City Committee would like to do a deputation on October 17, 2005 regarding the City and WFOL entering into Communities in Bloom Winter Lights Competition. Please let me know if this can be done, so I can make the arrangements with WFOL and our Committee. Kind Regards, Sue Forcier Community Development Coordinator City of Niagara Falls Tel: 905 356 -7521 ext.4330 Fax: 905 356 -7404 E -mail: sforcier (a)city.niagarafalls.on.ca Teresa Fabbro Fwd: Council Meeting in October Page 1 From: Dean lorfida To: Teresa Fabbro Date: 10/6/2005 4:17:49 PM Subject: Fwd: Council Meeting in October "Sue Forcier" sforcier ©city.niagarafalls.on.ca> 9/19/2005 3:36 PM Hi Dean: We have picked our Environment Award Winners for 2005 Peter Grandoni Michael Vincent Cuviello Let me know the date you would like to award these winners...so I could inform the Mayor's Office Thanks, Sue August 29, 2005 Mr. Dean lorfida City of Niagara Falls P. O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Dean: RE: Tribute to Honour Niagara Falls' Judy LaMarsh Opportunity to Appear at City Council Monday October 17 I am writing this letter, on behalf of the J. V. LaMarsh Committee, to ask if our Chair, Pam Walker, may address City Council on Monday October 17 2005 at which time she would outline the plans for a tribute to Judy LaMarsh. On October 26 2005 at 7:00 pm at the Niagara Falls Public Library (LaMarsh Room), Ms. LaMarsh's friends, colleagues and those whose lives Judy touched are invited to share memories and stories. Organizers are now asking those interested to contribute memorabilia and short stories, which may be highlighted during the evening. Ms. Walker will outline the purpose and details of the event. Thank you for your consideration. Sincerely, Janie Palmer On behalf of the J. V. LaMarsh Committee Niagara Falls Remembers the Real Judy LaMarsh Queen's Counsel, Professor, Author, Broadcaster, Politician, October 26, 2005, 7:00 pm LaMarsh Room Niagara Falls Public Library A Public Tribute featuring "Judy Stories" and other Personal Memorabilia Become a part of this unique tribute: Submit your "Judy Stories" by September 15th Maximum 400 words each EMAIL: Judy.stories @vaxxine.com FAX: Attn: "Judy Stories" (905) 374 -6456 WRITE: c/o RyaII, Walker Law Offices, P.O. Box 816, Niagara Falls, ON L2E 6V6 IN PERSON: Checkout Counter, Niagara Falls Public Library Selected stories will be used in exhibit and become part of public record Dean lorfida Women's Place of South Niagara Inc. age From: "Women's Place of South Niagara Inc." <womensplace@bellnet.ca> To: "N.F. City Clerk" diorfida @city.niagarafalls.on.ca> Date: 10/5/2005 12:36:43 PM Subject: Women's Place of South Niagara Inc. Hi Dean, Wondering if there is room to be put on the agenda for Monday, Oct. 17th. It would be regarding the kick off the Week Without Violence, a Canadian wide initiative for violence prevention. WPSN is again participating in a variety of activities throughout the week. I am attaching a media release for that week. A couple of items are being firmed up however our major event and many school speaks and the partnership with Buffalo NY is a go for the walk again, and we do have many guest speakers such as NRP Chief Wendy Southall. Let me know what you think? Thanks, Tamara Coleman- Lawrie Development Officer Women's Place of South Niagara Inc. P: (905) 353 -0361 F: (905) 353 -9647 womensplace @bellnet.ca Dean lorfida media release 2005.doc Page 1 Women's Place of South Niagara Inc. kicks off 2005 "Week Without Violence" Wednesday, September 21, 2005 For Immediate Release Southern Niagara Region, ON; September 21, 2005 October 16 to October 22n 2005 marks the week that Women's Place of South Niagara (WPSN) and other agencies across Canada lead a nationwide effort to end domestic violence everywhere. The Week Without Violence (WWV) campaign is Canada's largest violence prevention initiative and WPSN is enthused to offer a week full of informative presentations, events and speaks to our communities in an effort to help people live safe, violence free lives at work, school, home and play. THE WPSN MAJOR EVENT planned for the week is "The 2" Annual Peace Bridge Walk" in recognition of National Domestic Violence Awareness Month in the USA and the WWV in Canada. The Peace Bridge Walk will take place on Friday, October 21 2005. At 11:15am, an assembly will be held at the entrance and at 11:45am, WPSN and our community supporters will walk to the middle of the Peace Bridge in Fort Erie to end domestic violence, one step at a time. We will be met by our counterparts from Haven House, a shelter in Buffalo NY and continue with an event luncheon at Happy Jack's in Fort Erie with guest speakers Niagara Regional Police Chief Wendy Southall and the Director of the Family Justice Centre in Buffalo. Other events for the week include informative speaks to our local high schools regarding dating violence and internet violence trends, community displays, a Niagara Falls Big Brothers Big Sisters Teen Group session, and Child Find Ontario Seminars and FREE Fingerprinting. As 1 Dean Iorfida media release 2005.doc Page 2 well, Kim Craitor MPP will kick off a "No Penalty Week" with the Niagara Falls Minor Hockey Association. Further details on these events will follow. "I am truly enthused that Haven House as well as their partner agencies along with Women's Place of South Niagara's community partners will continue to commemorate the international movement and initiatives of ending violence everywhere stated Ruthann Brown, Executive Director of WPSN. For more information or to reserve your spot in the walk please contact, Tamara Coleman- Lawrie Development Officer Women's Place of South Niagara Inc. P: (905) 353 -0361 F: (905) 353 -9647 womensplacea,bellnet.ca 30 2 Teresa Fabbro Deputation Request Paae 1 From: Dean Iorfida To: Teresa Fabbro Date: 10/7/2005 3:49:16 PM Subject: Deputation Request Teresa: I received a call from Mark Coons, Captain from Fire Suppression. Alderman loannoni had asked him to make a deputation request to bring Council up to date on the volunteer efforts of various firefighters during recent disasters in Grenada and the southern United States. Please add it for the 17th. Thanks Dean Community Services Department Parks, Recreation Culture Inter Department Memorandum TO: Members of City Council DATE: October 17, 2005 FROM: Adele Kon Director of Parks, Recreation Culture Ext. 4507 RE: Heritage Master Plan Carl Bray of Carl Bray Associates will present a brief overview of the findings and recommendations contained in the Heritage Master Plan. A copy of the Executive Summary is attached. Copies of the full report are available upon request. Attachment S: \Council \Council 2005 \memo Heritage Master Plan Oct 17.wpd The City of Niagara Falls Ca Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services EXECUTIVE SUMMARY 1 A. The need for a plan Heritage means many different things. To some, it is an over fondness for the past, at the expense of constructive change. To others, it is a legacy of shared experience, as evidenced in tangible remains and intangible memories. In- creasingly, heritage is being seen as a recognition of history's value in our cul- ture, an acceptance of the past as an integral part of everyday life and as a guide to the future. Heritage resources, then, can include not just the build- ings, monuments and museum artefacts that normally get recognized but also a full range of other resources such as landscapes, archaeological sites, and sites associated with a person, event or activity. This rich treasury of objects and memories is an essential part of a community's sense of place. It is also a source of great interest to visitors. Heritage can thus build community and support economic growth. Heritage resources in Niagara Falls are too seldom given their due and there is immense potential for interpreting and enhancing resources of all types. Nia- gara Falls is unusual in having an internationally famous natural feature that alone has generated a distinct popular culture. Add to this the considerable ar- chaeological, built and cultural landscape features of the city and the inter- pretive scope vastly increases. The important aspect of these often hidden re- sources is their potential to revive and sustain economic activity via community and tourism development. The City of Niagara Falls recognizes the need to manage and promote her- itage. The Heritage Master Plan is an ambitious attempt to move heritage out of the shadows and into the spotlight. The Plan does so in two ways: by pro- viding a policy framework for the conservation of the City's heritage resources and by examining ways in which development of those resources can produce economic benefits. In the text that follows, the study team, in consultation with the project steer- ing committee and a variety of other interested parties, has addressed the study terms of reference. There are four main sections: an overview of heritage resources; a review of heritage activity; an assessment of the economic devel- opment potential of heritage; and final recommendations and an action plan. EXECUTIVE SUMMARY Heritage can thus bu ld comm31unity and support economic growth. 3 B. Challenges and Opportunities Our study identified the following key issues that a Master Plan must address: Heritage conservation isn't a priority There is little co- ordination of heritage activity Heritage activity is hampered by a lack of resources The potential for development of heritage resources and heritage tourism is not recognized locally C. Why Heritage has Great Potential for Economic and Community Development This study presents arguments supporting the idea that Niagara Falls has the heritage resources needed to attract new visitors and improve quality of life for local residents. In case readers remain unconvinced, however, the following is a distillation of recent market and cultural trends in North America. The points made are, we feel, further proof that there is great potential for her- itage -based development in Niagara Falls. First, some tourism market trends of particular relevance: HISTORIC /CULTURAL TRAVELLERS REPRESENT A HUGE, GROWING AND LUCRATIVE MARKET IN NORTH AMERICA 81% of US adults who took at least one trip of 50 miles or more, one way, away from home in 2002 included at least one historic or cultural activity this represents 56% of the US adult population Four in ten adults who traveled in the last year visited a designated historic site Historic and cultural travellers are affluent and well educated, more likely to use paid lodging than the average traveler and will often extend their trip specifically to participate in historic or cultural activities Historic /cultural travellers spend more money on historic /cultural trips compared to the average US trip (US$623 vs US$457 excluding transportation costs) For 30% of historic /cultural travellers their destination choice was influenced by a specific historic or cultural event or activity Historic travellers are more likely than average trip in US to take a 4 NIAGARA FALLS HERITAGE MASTER PLAN vacation for 7 nights or more, by air, staying in a hotel The TAMS ageing analysis prepared by the Ministry of Tourism and Recreation indicated the historic /cultural traveler market will be a strong growth market over the next 25 years UNIFORMITY IS HAPPENING WITH TOURISM ATTRACTIONS IN MANY MAJOR URBAN DESTINATIONS RESULTING IN HOMOGENEOUS VISITOR EXPERIENCES Major urban destinations in North America have been pursuing the same "A- list" of attractions for some years now, including the following: Convention centre in 70s and 80s to Convention Centre expansion in 80s and 90s Casino Atrium -style convention hotel Aquarium Festival retail /entertainment district Domed stadium /arena with major league franchises These assets, although important, will not enhance a city's competitive posi- tion on their own. Today the more successful cities are focusing on unique in- digenous attractions and attributes to complement the big tourism infrastruc- ture. Heritage is one of the key attributes that can create a competitive difference for an urban destination. AUTHENTICITY IS INCREASINGLY IMPORTANT IN TODAY'S TOURISM MARKETPLACE Two major pieces of tourism market research in the US clearly point out the growing demand for authentic experiences. Thirteen years of research by the firm American LIVES Inc revealed that 26% of the US adults (50 million adults) have changed their world views, values and way of life their culture in short. This group of Americans have been dubbed the Cultural Creatives, and they represent a growing proportion of the US population. One of the key characteristics of this market segment is they are looking for authenticity, and they are rejecting things that are felt to be "plastic, fake, or imitation." These people are very interested in arts and culture, and they will begin to exert a growing influence on American society. EXECUTIVE SUMMARY 5 6 Another major piece of tourism research completed in 2002 by the Travel In- dustry Association of America, sponsored by National Geographic Traveler, characterizes over one third of the US traveling public as "Geotourists Geo- tourists are well traveled, affluent, well educated people who are very con- cerned with preserving a destination's geographic character. Geographic char- acter includes the entire combination of natural and human attributes that make one place distinct from another, including heritage. These tourists have a strong interest in learning about the history of the areas they visit, and vis- iting historic and archaeological sites. These two bodies of research clearly point out the large and growing propor- tion of the American traveling public who are seeking authentic experiences including heritage. These statistics are believed to be similar in Canada and likely in Europe as well. Niagara Falls tourism is largely based on the international iconic awareness and attraction of the falls. Currant visitation is large (12 million person visits) but the economic impact is comparatively small because of the short visitor stays (average of $116 per person visit). Niagara Falls has strong heritage po- tential but requires more product development and interpretation. Heritage product could play a significant role in diversifying the tourist experience in Niagara Falls, broadening the appeal to new market segments and presenting an enhanced experience for existing visitors. Heritage tourism could help to extend visitor length of stay and the economic impact of tourism. Heritage is one of the indigenous assets upon which Niagara Falls should capitalize. Some cultural trends also have particular application to Niagara Falls: OLDER URBAN AREAS ARE EXPERIENCING A RENAISSANCE ACROSS CANADA. Canadians are becoming a nation of city- dwellers, with over 50% of citizens living in metropolitan areas After years of neglect in favour of suburban expansion, older downtown areas are becoming the focus of intense real estate development activity Driving this trend is an increasing desire amongst people of all demographic groups to live in or close to central areas The most desirable areas are mature downtown neighbourhoods, former industrial areas, and traditional commercial cores NIAGARA FALLS HERITAGE MASTER PLAN In these areas, heritage buildings often fetch the highest prices, and heritage districts the highest property values Quality of life and community character are key selling points: components contributing to these values are a mix of land uses, older buildings, mature landscapes, and vibrant local culture THE PRESENCE OF SUCH AREAS IS ESSENTIAL TO ATTRACTING NEW FORMS OF ECONOMIC DEVELOPMENT AND NEW RESIDENTS. WI The loss of primary industry, major corporations, and government jobs has left many cities in limbo: those that are recovering are able to attract new business and new citizens by offering a diverse urban lifestyle Studies referenced in this report note the rise of a group in North American society termed the Cultural Creatives: these people not only form the core of the heritage tourism industry, they are the driving force behind the knowledge -based industries that are replacing traditional economic elements in cities across the continent Essential to these people is an authentic setting, vibrant local arts and culture, learning institutions, and a socially conscious community Furthermore, the leading cities are those that score high on what author Richard Florida has termed the tolerance index and the creative index: in other words, they build on their physical and technical infrastructure levels of talent and tolerance that attract creative people, the very people needed to stimulate and enhance local economies and communities AS IN A NATURAL ECOSYSTEM, DIVERSITY IS STRENGTH: CITIES THAT RELY ON A SINGLE INDUSTRY OR ON INFLEXIBLE MODES OF OPERATION ARE VULNERABLE TO LARGER SCALE ECONOMIC AND SOCIAL CHANGE. Waiting for traditional industries to return, focusing on the current dominant industry, resisting innovation, and not paying attention to community development are typical responses of cities that have little growth potential and are prone to economic decline Mixed use, innovative and diverse economies along with multi cultural, tolerant and cohesive communities are the mainstays of growth today Municipalities alone cannot effect significant change; they must work in partnership with their citizens, with other public agencies, and with the private sector EXECUTIVE SUMMARY 7 Although it may seem counter intuitive, the international Slow Cities movement is gaining momentum; its objectives are to focus local economic activity on goods and services produced locally, to celebrate authenticity and quality in local communities, and to replace haste and progress" with appreciation of everyday life The related Slow Foods movement is becoming popular in many parts of Canada: it too emphasizes locally grown and prepared foods, local recipes, linking consumers to producers, and savouring the results IN SUCH PROGRESSIVE, GROWING CITIES, HERITAGE CONSERVATION IS BECOMING AN ESSENTIAL ELEMENT OF MUNICIPAL. POLICY. a As noted by author Anthony Tung, the 20th century was arguably the most destructive in the history of mankind in terms of the loss of material evidence of human life (buildings, landscapes, entire communities) o Halting this trend and re- investing in heritage settings not only makes the most of a city's unique aspects, it also creates civic pride and leads to a multiplier effect of investment by the private sector in both heritage and non heritage properties (as shown in the example of Victoria, BC) Making heritage the city's "brand" is becoming increasingly common and demonstrably successful (e.g. Saint John's, Quebec City, Victoria) a Using heritage as a competitive advantage over rival cities is also becoming more common (as in the case of Montreal) B Heritage areas are valued by both visitors and residents alike; they can be important gathering places for strangers and local people These disparate but related points show how other places less blessed than Ni- agara Falls are making progress in an evolving economy and society. There must be a realization that change is necessary: in Niagara Falls, this means a shift away from a sole concentration on mass tourism towards a diversified economy and a revitalized local culture. Economic development and commu- nity development are both needed. The Falls has been the mainstay for too long, and there is much more to the city than that single natural wonder. Moreover, even in two centuries of focusing on tourism, Niagara Falls has al- ways managed to re- invent itself in response to changing tastes and markets. There is no reason to believe that its citizens have lost that knack now. 8 NIAGARA FALLS HERITAGE MASTER PLAN D. A New Role for Heritage In response to this potential, the Master Plan lays out a new future for heritage activity in Niagara Falls. There are five main objectives which guide the action plan: 1. Better information on heritage resources 2. Improved conservation and interpretation of heritage resources 3. A strengthened management framework 4. Development and promotion of heritage tourism products 5. Enhanced community support E. Guiding Principles for Implementation The new Plan establishes six basic principles for achieving these objectives, via an Action Plan: 1. Focus on the local community 2. Set modest goals 3. Strengthen existing heritage groups 4. Create an organizational framework 5. Find a central home for heritage activity 6. Make partnerships work F. Action Plan These objectives and their component actions provide detailed responses to the strategies outlined for each of the four subject areas in this Master Plan. Now it is necessary to set these objectives and actions within a timeline so that effort can be focused on the most pressing items and the most immediate con- cerns. The following action plan steps are arranged under Master Plan princi- ples (outlined above) and in two time periods: the first five years, and the next five years. Using these principles as a guide, the Action Plan outlines the steps required for success. The Action Plan is divided into two phases: components that should be implemented quickly (in the first five years) and those that follow soon after (in years 5 -10). EXECUTIVE SUMMARY 9 YEARS 1 -5 FOCUS ON THE LOCAL COMMUNITY /SET MODEST GOALS Focus on War of 1812 bi- centennial Develop a series of theme -based events leading up to 2012 Use Lundy's Lane Battlefield as a pilot project: designate it as a Heritage Conservation District and implement the Battlefield Master Plan Define heritage in clear terms that the general public can understand Produce interpretive material to educate residents and visitors about the city's heritage resources Produce self guided tours of the city and region, exploring the suggested themes and storylines Continue to update and expand the City's inventory of historic buildings and landscapes include a broader range of heritage resources improve the inventory template Create Heritage Conservation Districts throughout the city focus on the city's component communities prepare design guidelines for downtown streetscapes Continue to designate individual buildings and landscapes dedicate staff time to work with the Municipal Heritage Committee on designation Foster a "heritage- friendly" development process by implementing the heritage- related policies recommended in the Downtown Community Improvement Plan, especially Commercial Building Loan and Facade Grant Municipal Downtown Leadership Strategy CREATE AN ORGANIZATIONAL FRAMEWORK/STRENGTHEN EXISTING HERITAGE GROUPS Create heritage staff positions Heritage planner Cultural services co- ordinator Support the Museum Board's initiative to co- ordinate activities of volunteer heritage groups Work with the Art Gallery Board on the feasibility of making the Gallery a municipal operation Support the public library and museum's efforts to acquire, store and 10 NIAGARA FALLS HERITAGE MASTER PLAN record heritage resources Relocate the municipal archival records to the City Clerk's office Prepare a strategic plan for the Parks, Recreation and Culture Department Secure marketing funds for heritage products Provide adequate funding for existing heritage activity (e.g. museums) FIND A CENTRAL HOME FOR HERITAGE ACTIVITY /MAKE PARTNERSHIPS WORK Consider consolidating both museums and the art gallery in a central location Conduct a feasibility analysis that also identifies and assesses preferred sites If feasible, consolidate the two existing museums into a new central location and provide a new interpretive focus for each After the move, find alternative uses for the former museum buildings Direct Niagara Falls Tourism to work with relevant City Departments to co- ordinate heritage marketing YEARS 5 10 FOCUS ON THE LOCAL COMMUNITY /SET MODEST GOALS Monitor the effects of heritage tourism activity on local quality of life and the local economy Foster an informed debate on local and regional heritage Make heritage relevant to everyday life: organize tours, collect history, sponsor awards CREATE AN ORGANIZATIONAL FRAMEWORK/STRENGTHEN EXISTING HERITAGE GROUPS E Support existing Boards with dedicated City staff time and budget w Move volunteer groups to a more solid operational model, via business plans Consider creating a community foundation for heritage conservation and interpretation Develop an interpretive master plan for the City Consider other types of heritage resources for designation Train interpretive guides a Consider establishing an international centre for tourism studies EXECUTIVE SUMMARY 11 FIND A CENTRAL HOME FOR HERITAGE ACTIVITY /MAKE PARTNERSHIPS WORK Prepare a partnership strategy for heritage tourism development Create a heritage portal on the library's website Help other regional and bi national partners develop a regional visitor orientation and interpretive centre IN Encourage skills development in heritage trades and technologies Support the initiative to create a regional archive G. What Next? The Master Plan recommends a strengthened role for the City. By acting as a catalyst for heritage activity, in concert with other public agencies, volunteer groups, and the private sector, the municipality can accomplish the aims pro- posed in this study. The individual roles are spelled out below: The City can best contribute by committing funding and staff to heritage activity. It can act as a co- ordinator and enabler: helping volunteer groups become better organized and putting them on a business footing; consoli- dating and promoting existing cultural institutions; and smoothing the de- velopment control process for new construction on heritage properties. Through a "heritage- first" process, the City can show leadership by reha- bilitating municipally -owned heritage properties for public use. It can fund improvements to public infrastructure, implement the municipal elements of the proposed Master Plan, and help market heritage generally. Moreover, it can use its planning and development policies to foster community improvements that enhance local pride while conserving heritage resources. Other public agencies can become partners with the City in a variety of her- itage- supportive ways. They can co- ordinate their development plans, help provide heritage tourism product and marketing, and foster collective ef- forts to establish a regional centre for visitor orientation and interpretation. Current initiatives such as Doors Open Niagara and the Bi- National Tourism Alliance are confident steps in this direction. 12 NIAGARA FALLS HERITAGE MASTER PLAN Volunteer groups can continue their efforts to conserve, interpret and pro- mote heritage resources. They can take on an enhanced role through train- ing by the City in preparing inventories, sponsoring events and collecting historical information. The groups should work towards common goals and objectives, in co- operation with City staff. The private sector can demonstrate leadership through sponsoring studies and improvements to older commercial areas, by renovating older struc- tures for new uses, and by fostering skills training for heritage tradespeople. It can work in partnership with the City and volunteer groups to resolve common issues. Most of all, it can grasp the many opportunities to develop heritage tourism product and begin to generate the economic benefits such development can bring. Overall, the Heritage Master Plan advocates strategies to overcome a poten- tially negative situation and, instead, to foster a new appreciation of heritage and a new spirit of co- operation between the City and other stakeholders. The City can begin by getting its own house in order, then by showing leadership in promoting heritage activity of all kinds. The aim is to set in motion an im- proved process for managing heritage resources, one that is collaborative, in- novative, economically sound, and which emphasizes the unique character of the City's component communities. The aim is to set in motion an improved process for .managing heritage resources, o.ne that is collaborative, innovative, economically sound, and which emphasizes the unique character of the city's component communities. EXECUTIVE SUMMARY 13 The City of I Niagara Falls Canad His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department PD- 2005 -79 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E mail: planning @city.niagarafalls.on.ca October 17, 2005 Re: PD- 2005/79, Zoning By -law Amendment Application AM- 23/2005, Southwest Corner of McLeod Road Alex Avenue Applicant: TAGC Holdings (Carmen Grisafi) Agent: Michael Allen, Architect Doug Darbyson Director It is recommended that Council approve the application to amend the Zoning By -law to adjust the zone boundary between the hotel and commercial boundary as outlined in this report. TAGC Holdings has requested an amendment to the Zoning By -law for a vacant 2.0 hectare (5.0 acre) site located at the southwest corner of McLeod Road and Alex Avenue, as shown on Schedule 1. Official Plan and Zoning By -law amendments (OPA No. 59 and By -law No. 2005 -55 respectively) were secured earlier this year to permit a 4- storey, 138 room hotel on the east part of the land and a 2,570 square metre (27,700 square foot) commercial development on the west part. The zoning provisions for the commercial development extend behind a portion of the hotel site. Now the applicant is proposing to subdivide the land into two nearly equal parcels, as illustrated on Schedule 2, necessitating a shift in the zoning boundary between the two uses. The consent application (B34/2005/NF) will be heard by the Committee of Adjustment on November 1, 2005. The east part of the land is zoned a site specific General Commercial (GC -696) zone, permitting a hotel only, while the west part of the land is zoned a site specific General Commercial (GC -697) zone, permitting a commercial development only. The GC -696 and GC -697 zones are requested to be amended site specifically to adjust the zone boundary as illustrated on Schedule 2. No other changes are proposed to the regulating zoning provisions (ie., building setbacks, landscaping, etc.). For reference, the current zone boundary is shown on Schedule 3. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 17, 2005 -2- PD- 2005 -79 The development is substantially the same as the proposal considered by Council earlier this year with the following changes: The portion of the site that can be developed in conjunction with the hotel has increased. The portion of the site that can be developed for general commercial purposes has decreased resulting in a reduction in parking available to serve these uses. The combined floor area of the general commercial uses has been reduced to 2,333 square metres (25,118 square feet) to reflect the above noted parking reduction. Surrounding Land Uses Single detached dwellings lie to the south and southeast of the site. A commercial development lies to the west, while vacant commercial lands lie to the east, across Alex Avenue. There are a variety of residential dwellings to the north. Circulation Comments Regional Municipality ofNiagara The proposed rezoning is technical in nature. Regional Planning staff has no objection to the approval of the zoning amendment. Road widening and entranceway matters to be reviewed by Public Works staff. Municipal Works There are adequate services to serve the proposed development. No widenings are required along Alex Avenue. Parks Recreation Culture No objections. A neighbourhood meeting was held by the applicant on October 4, 2005 to explain the proposed amendment to residential property owners adjacent to the land. The only one resident who attended the meeting, a Mr. John Fessler, did not express any concerns. Planning Review The requested shift in the zone boundary is primarily a technical amendment that will result in a more logical separation of the two proposed developments and a logical division of the future parcels. The following is Planning staff's analysis of the application. 1. The proposal complies with the intent and the purpose of the Official Plan. The land is designated Minor Commercial in the Official Plan. Special policies permit the development of a hotel only on the northeast portion of the property. The commercial development on the westerly portion of the lands is permitted to have a maximum floor area of 2,576 square metres (27,700 square feet) and a maximum height of two storeys. Notwithstanding this policy the commercial plaza will now be smaller. Extensive high quality landscaping is required to buffer adjacent residences and provide for a pleasing October 17, 2005 2. The requested zone changes are appropriate. 3 PD 2005 79 streetscape. To avoid an overbuilt commercial market, development of the commercial component is subject to a market impact study, to demonstrate that sufficient demand exists to support these commercial uses without impact to other such developments. The proposed adjustment to the zone boundary conforms to the Official Plan as follows: The adjustment will not change the location of the buildings. These uses still fully comply with heights and floor areas set out in the site specific policies. The only physical change will be that less parking adjoining the residences to the south will be devoted to the future commercial plaza. Landscaping is not impacted by the proposed boundary change. The extensive landscaping originally proposed along the residential properties and along McLeod Road and Alex Avenue is still maintained. The existing GC -696 and GC -697 zoning of the property regulates the size of the respective developments, ensures appropriate building setbacks and landscaping are provided along residential properties and streets, and restricts restaurants to the north half of the commercial development. In addition, a holding (H) symbol has been placed on the westerly parcel. This symbol is not to be lifted until the applicant has satisfactorily demonstrated that there is sufficient market support for this development. The applicant will be seeking to subdivide the land into two nearly equally sized parcels (one for the hotel and one for the commercial development) through a consent application. The proposed zone boundary will follow the future property line established by the consent. Except for provisions to reflect the change in proposed lot lines and the reduction in commercial floor area, all other zoning provisions established in the original site specific by- laws are to remain in place. The boundary adjustment reduces the amount of parking available for the commercial development by about 26 spaces. To compensate for this reduction and to ensure the commercial development fully complies with the parking requirements of Zoning By -law No. 79 -200, the commercial development has been reduced in floor area by about 237 square metres (2,550 square feet). 3. The proposed zone boundary will facilitate a logical property boundary. The original zone boundary, as shown in Schedule 3, sets an irregular the property line between the hotel and commercial uses making it more difficult to locate on the site. Property maintenance disputes between two future property owners may therefore result. However, the proposed zoning boundary would set a linear property boundary in a location along a landscaping strip and is readily physically located by future property owners. With the previous application, there was extensive interest shown by nearby residents. Due to this interest, Council has directed that residents be involved in the site plan process for these two future developments. October 17, 2005 -4- PD- 2005 -79 CONCLUSION: The requested amendment to permit an adjustment in the boundary between the two site specific zones can be supported for the following reasons: 1. The revised proposal is substantially the same as the original proposal approved by Council. 2. This revised proposal meets the intent of all general and site specific Official Plan policies. 3. No substantial changes are proposed to the site specific zoning regulations. 4. The resulting zone boundary will facilitate a future property line that is logical and more conventional. Andrew Bryce Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved b ftaiu. T. Ravenda Executive Director of Corporate Services AB:ko Attach. S:\PDR\2005\PD2005 -79, AM23 -2005, SouthwestcornerMcLeod &Alex.wpd Resp ctfully submitted: John MacDonald Chief Administrative Officer Subject Land Location: Applicant: K:1GIS_ Requests\ 2005\ ScheduleslZoningAM \AM- 23Mapping.apr SCHEDULE 1 LOCATION MAP 11 SO CADHAM ST MCLEOD RD 11 vv. 4, c, tog woo in dal NM Ns MIL INN NOV mIll Z ye-_/IllIm1IN. Amending Zoning By -law No. 79 -200 SW Corner of McLeod Alex Avenue TAGC Holdings AM- 23/2005 1:NTS September 2005 1 e FA S5 1 a l 1 !i 2 1 33 s 2! W w N co 0 0 0 w -J 0 SCHEDULE 3 Niagara Falls The City of Canada Members: Purpose of Holding Provisions Corporate Services Department PD- 2005 -82 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 17, 2005 Re: PD- 2005 -82, Use of Holding Provisions in Zoning By -laws RECOMMENDATION: It is recommended that Council receive and file this report for information purposes. BACKGROUND: On August 29, 2005, a public meeting was held by Council to receive comments on a Zoning By -law amendment application. Staff reported that the applicant would have to investigate design options for a stormwater system in consultation with staff because there were no storm sewers immediately adjacent to the subject site. Although staff was able to support the proposed land use and necessary zone change staff recommended the inclusion of a holding provision in the amending by -law which would only be removed when it was determined that the project could be properly serviced. As a result of the discussion that took place at the public meeting, staff has prepared this information report regarding the use of holding provisions in zoning by -laws. Holding provisions are specialized zoning regulations that enable a municipality to identify the uses that are intended for lands in a zoning by -law, but to delay their actual development until some later time when certain identified conditions are addressed. Using a holding symbol (H) or (h), in conjunction with a specific zone, the municipality can clearly state its commitment to having land developed for the uses permitted by the zone at an appropriate time in the future. Holding provisions are only used when the municipality knows what use or uses it intends to see developed on the land. Otherwise it could apply a zone that precludes all development. Holding provisions are applied to land in the same manner as typical zoning amendments following the provisions of Section 34 of the Planning Act. Usually they are applied when a developer wants to secure a future right to develop land for a particular purpose in advance of an outstanding issue being completely addressed. Often these issues are not known until the public review process is well underway. A municipality cannot use holding provisions unless its Official Plan includes policies relating to their use. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 17, 2005 2 PD- 2005 -82 Reasons for Using Holding Provisions Reasons for using holding provisions vary. Most often they are applied to sites to ensure the adequate provision of municipal services. However they can also be used to ensure: the orderly and compatible development of lands; that mitigating measures (i.e. noise attenuation devices) are provided to reduce the affects of certain features (i.e. highways); that development will not have a negative impact on an environmentally sensitive area or natural feature; the protection of historically significant buildings and structures; the necessary decommissioning and remediation of land prior to development; and the completion of market studies. Removal of Holding Provisions Holding provisions are only removed once the municipality is satisfied that the reason for the provision has been addressed to the approval authority's satisfaction. Usually the approval authority is the municipality or a government agency. Quite often the developer is required to prepare studies and enter into legal agreements before a holding provision is removed. Because the land use (zone) for the affected site would have already been established when the holding provision was applied, the municipality is only required to give notice of its intent to pass a by -law to remove the holding symbol. These notices only need to be sent to the owner(s) of the land affected by the provision and every person or public body that has given the Clerk of the municipality a written request to be notified. If an application to remove the holding symbol is refused or the Council refuses or neglects to make a decision thereon within 90 days, only the applicant may appeal the matter to the Ontario Municipal Board. CONCLUSION: Holding provisions are useful tools when a municipality knows what uses should be allowed on land, but where certain circumstances exist that do not allow the land to be developed immediately. The City has used holding provisions in amending by -laws in the past which have provided developers assurances that their projects could be developed once outstanding issues were addressed. The future use of holding provisions is recommended when deemed appropriate. Prepared by: Ken Mech Manager of Current Planning Recommended by: Doug Darbyson Director of Planning Development KM:gd S:\PDR\2005\PD2005 -82, Use of Holding Provisions.wpd Approved by: T. Ravenda Executive Director of Corporate Services espectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Fali Canada i His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department PD- 2005 -81 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E mail: planning @city.niagarafalls.on.ca October 17, 2005 Re: PD- 2005 -81, Site Plan Agreement SPC- 29/2004, 3710 Sinnicks Avenue Niagara Falls Sports Plex Inc. Status of Outstanding Site Works Required by the Site Plan Agreement RECOMMENDATION: It is recommended that Council receive this report for information purposes. BACKGROUND: Doug Darbyson Director A site plan dated October 1, 2004 was executed between Niagara Falls Sports Plex Inc., Muller Properties Inc. and the City to guide the development of a recreational sports dome on a 0.9 hectare (2.2 acre) site known as 3710 Sinnicks Avenue. The 4,366 square metre (47,000 square foot) dome is to be served by 52 parking spaces. Schedules 1 and 2 illustrate how the site is to be developed. The site plan agreement requires completion of the site works within six months of the substantial completion of the building. The dome was substantially completed and occupied by the end of February and therefore the site works were to be completed by the end of August. Between February and September the City received numerous complaints about the lack of completion of these site works. Many of the complaints revolved around the parking lot which, due to its lack of completion, was forcing some patrons of the dome to park on the surrounding streets. In addition, dust (emanating from the unfinished parking areas) and a lack of fencing and landscaping was a concern. Although staff has been regularly in contact with the owner since the spring in an attempt to have site works completed, the City was unable to take formal actions under the site plan agreement to force the completion of the site works until the end of August. However, with the expiry of the six month grace period, the City has formally notified the applicant that outstanding site works are to be completed immediately. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 17, 2005 2 PD- 2005 -81 As of October 4, the following works have been completed or are well underway: The retaining wall that runs along the north side of the parking area is completed. Grading and definition of the parking lot is substantially complete. The only outstanding work is the paving of the parking area. Underground services appear to be substantially complete. The wood fencing on the north side of the parking area to buffer adjoining residences is almost complete. Outstanding works and anticipated dates of completion are as follows: Paving and curbing of the parking lot (October 14) Completion of grading of the swale north of the parking lot (October 14) Landscaping and sodding including placing of topsoil and tree and shrub planting (October 31) As can be seen in the attached photographs which were taken on October 4, the required site works are well underway. Staff is monitoring the site to ensure required works will be completed. CONCLUSION: It appears that Niagara falls Sport Plex Inc. is in the process of complying with the requirements of their site plan agreement. Prepare Respectfully submitted: An. ew Bryce Planner 2 ended by: Doug Darbyson Director of Planning Development T. Ravenda Executive Director of Corporate Services AB:ko Attach. S:\PDR\2005\PD2005- 81,SPC -29 -2004, 3710 Sinnicks Ave.wpd /r/ John MacDonald Chief Administrative Officer SCHEDULE 1 SCHEDULE 2 Niagara Falls The City of Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: Corporate Services Department PD- 2005 -80 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca October 17, 2005 Re: PD- 2005 -80, Heritage Status of Loretto Academy It is recommended that Council consider giving notice of intention to designate the building and property at 6881 Stanley Avenue under Part IV of the Ontario Heritage Act. BACKGROUND: This report is being prepared to assist Council in determining if Loretto Academy should be designated under Part IV of the Ontario Heritage Act. In June 1861, five sisters from the Loretto Convent in Toronto arrived in Niagara Falls to begin what would later become known as "Loretto Academy". They arrived to a 6 -acre property that contained the Canada House Hotel and set in to renovate the hotel for the upcoming September school year. By 1869, enough funds had been raised so that the sisters were able to build a new building. The former hotel was torn down and a new 3- storey stone edifice with a mansard style roof was erected. Ten years later, a portion of land in front of the convent was sold to Canada Southern Railway and there were then funds available to build a large addition. This became known as the main building with the previous building being known as the north wing. A fire in January 1938 partially destroyed the main building. The north wing was not touched. The sturdy stone walls of the main building were still sound and this allowed for reconstruction, although the original mansard style roof and cupola features were not replaced. Loretto Academy closed its boarding school in 1969, but continued as a day school until 1982 when enrollment grew so large that new location was required and the school moved to St. Paul High School. Loretto buildings have continued to be used until quite recently for retreats and workshops. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 17, 2005 2 PD- 2005 -80 Significance Loretto has been a building of interest to the City due to its significance architecturally, contextually and also due to its affiliation with the social and cultural development of the City. John Joseph Lynch, the original founder suggested that Loretto's proximity to the falls was a place where it would be natural for people to adore God. It has been noted in the Heritage Master Plan (pg. 46) that Niagara Falls is recognized as a Christian spiritual site, especially by the Catholic Church. Loretto Academy is listed on the City's Inventory of Historical Properties which are buildings that the City has determined to have heritage potential and would like to have designated under Part IV of the Ontario Heritage Act. The City puts forth its best efforts to have these buildings preserved, but there are no requirements to preserve these buildings. In 1999, LACAC wrote to Loretto encouraging designation be considered. At the Municipal Heritage Committee meeting held August 24, 2005, the following motion was passed: "That a meeting be requested with representatives from Loretto and Planning staff to provide information on designating the property and to advise of the Committee's concerns about the future of the property." Staff has begun efforts to compile data with the intent of working with the current or future owner(s). The building is considered architecturally to be in the Second Empire style. The north wing was completed in 1870 and the main building in 1879 -1880. The north wing maintains its simplified mansard roof and dormers, heavy roof cornice and large brackets arranged in pairs. The entrance to the north wing has a portico with supporting columns. In 1938, fire destroyed the interior and roof of the main building and its mansard roof and cupola were not replaced. The central section has a long wide verandah. All walls of the building have prominent stone quoins. The basement level is defined by a projecting course of grey stone. In the 1870s, when the building was first erected, the centre entrance was supported by a stone tower set out from the main wall with a four- cornered dome. The mansard roof had roundheaded dormer windows with the lower floors having rounded, two- over -two windows. Matters for Consideration At the Council meeting October 3, 2005, a motion was introduced to give notice of intention to designate. This motion was deferred pending additional information. Development Implications Council asked what impact designation would have on the property in light of the fact that it is listed for sale. The Business Development Division contacted the Real Estate Broker responsible for the listing, however, no response was received. With respect to value, research indicates there will be no loss in value. Further, the Official Plan contains bonusing provisions for height and density in return for conserving heritage buildings. A developer who takes advantage of this policy may recognize a positive gain in value. The effect of designation would depend on the extent of detail in the actual designating by -law. In most Niagara Falls cases, designation applies to the exterior of the building. Interiors of buildings are not generally designated unless there are some outstanding architectural features that are deemed worthy of preserving. Council has the option of designating the whole of the building and property, portions of the building and property or only certain elements of the property. In October 17, 2005 3 PD- 2005 -80 this regard, Council may want to consult with the Municipal Heritage Committee to determine the elements of significance. An additional financial benefit is that an owner of a designated property would be eligible for funding under the Federal government's Commercial Heritage Properties Incentive Fund. This was successfully used in the case of the Welland Mills in Thorold. In addition, staff is providing the following information. Position of Church Staffhas spoken locally to Loretto Academy (Patricia Grant) who referred them to their Provincial Leader in Toronto, Sister Carmen Diston. Staff asked Sister Carmen whether she and others would meet with City staff and the Municipal Heritage Committee to discuss possible heritage designation. She advised that she would have to consult with the Ministry and this decision would depend on Council's action on October 17, 2005. Sister Carmen asked what advantage there was to designation since it had been the Church's experience that designating a property had negative impacts on its market value. Current Heritage Status At the Council meeting, it was stated that Loretto Centre may be recognized at the Provincial level as a heritage property. Upon further investigation, it was learned the Niagara Falls site of Loretto is not on the Provincial inventory. Loretto is listed in the City's inventory of heritage properties. CONCLUSION: In conclusion, the building and property have been identified as having heritage significance to the community because of its architecture, history and association with the cultural/religious development of Niagara Falls and its setting in the City's landscape. Council should consult with the Municipal Heritage Committee (MHC) to discuss the appropriate level of heritage protection. It is inevitable that future planning applications will be brought forward regarding the future development of the site. Under ideal circumstances, a balance would be struck between preservation of significant elements and redevelopment of the site. Pr ared by: Peggy o Assistant Planner Recommended by: Doug Darbyson Director of Planning Development PB:tc S:\PDR\2005\PD2005 -80, Heritage Status of Loretto Academy.wpd Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: ti John MacDonald Chief Administrative Offer Rev Myles Valerie Holmes Senior Pastors Marie Vandenval Worship Discipleship Pastor Tommy Lien Youth Ministries Kim VanderHeide Office Administration Children's Ministries Lynda Martin Academy Principal Pat Del Duca Finance Director 6846 Frederica Street Niagara Falls, Ontario L2G 1E2 Phone 905- 356-0635 Toll Free 1- 866- 275 -5826 Academy 905-356-0635 Fax 905-356-3594 pastor(apmylesholmes.00m www.myleshoimes.com affiliated with PAOC World Harvest Ministerial Fellowship NIAGARA INTERNATIONAL WORSHIP CENTRE To City Clerk: Dean Iorfida Mr. lorfida, Mr. Mayor, Members of City Council Niagara Falls Review Tuesday, September 6th, 2005 Re: Request for Motion to Reconsider Re- zoning Application for Niagara International Worship Centre, Dorchester at Frederica. As the Pastor of a church which has served this city with distinction since 1935, and having called this city home for 21 years, and representing hundreds of individuals who attend Niagara International Worship Centre, I wish to respond to the false and malicious charges made against this church at the Council Meeting of August 29, 2005. Having grown up in rural New Brunswick, with miles of fields and trees between homes, I can understand our neighbors hesitancy in losing their view of the field that some have enjoyed for decades. I can understand the necessary concerns re: sewage and storm water management. However, we take great offense at the false charges that were leveled against the church. I believe the decision to turn down the rezoning application was made at least partially, on the basis of these erroneous allegations, therefore I would ask you to reconsider the motion, and allow us to present our case based upon the facts. Just some of the false statements made were as follows: "Church duped the city and neighbors." "Neighbors feel betrayed by the church." "Church broke promises made to neighbors." "Church acted in bad faith." "Negotiations and meetings were held to come to agreements which the church has broken." "Church broke agreements made with neighbors." "In 2001, the church came knocking on our doors personally saying, "Guys, we've got an opportunity to do something with this piece of property, please don't object." Everyone of these statements are categorically untrue and the figment of someone's imagination. The church did not make any promises, agreements or negotiations with the neighbors. The church, its agent for the application in 2001, or any representative, did not knock on anyone's door asking for any agreement. Page 2 I challenge any citizen, or council member to produce one shred of evidence, one piece of documentation that would even hint that the church made any kind of promise to neighbors regarding the future use of the land. There were also statements made about the church's alleged non compliance with specific site plan agreements regarding 1) fencing 2) containing trash and 3) paving the driveway. 1) Fencing was completed 2 years ago. 2) Trash has always been contained properly. This is a non issue. 3) The paving of the driveway onto Dorchester has never been a condition of the site plan. This is a simple request to re -zone vacant, excess land. If reasons other than fiction are found to tum down the application that will be respected. However, due to the slanderous accusations made, I request 5 minutes at a Council Meeting to respond, and we would appreciate a retraction by the Council Member who made statements that cannot be substantiated. I do apologize for the extra time this would cost the city and each of your busy schedules. I did not attend theAugust 29th council meeting, nor the meeting in 2001, as I did not expect to have to defend the church against these false statements and innuendo such as "If you can't trust a Church... I assumed the developer would only be responding to specific questions regarding his proposal. l will not make that error again. I would be grateful for an opportunity to defend the good name and reputation of the church, and I would hope that the media will report the facts as accurately as they printed the accusations. Thank you sincerely for your consideration. For the City and the Truth, pastor les Holmes HMH/vg Transmittal From P1r To 176 LA cr-r -r 1-)1,46,A RA FALLS Address: 13 iv r Pco. T3ox 123 *TIN No. of Copies For Approval For Your Use As Requested For Review Remarks (GOLD 'Yc) PIS-- 12 PETER J. LESDOW A R C H I T E C T Date `DePt 1 ZOOS Job No Re Ac-'■ Ze2 /2cx 5 PRQ a A1/44-1:7) )C 5 fl G- kiR7 -4-t vv2c i -te&re D 6$4470 AERKA. 511 ET' Description Dated LETTER, GtX �►-ac a L 5g Pr. 2v05' Approved As Submitted Resubmit Copies for Approval Approved As Noted Returned For Corrections Please return With Your Comments FLEASf_ i-tA,.JE OR I, --1GL, f) 'rt, tJ`' R.5 mgt 1 E Ecr Tb 'RAE E w 4, c"-. i-'t I P CAE 5 RGC.A -6 IGE.i2 11'1H 6710 Drummond Road, Suite 6, Niagara Falls, Ontario, L2G 4P1 Phone: 905.357.1112 Fax: 905.357.1112 Email: plesdow©iaw.on. MEMBERS OF COUNCIL CITY OF NIAGARA FALLS 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Sept.19, 2005 RE: AM- 20/2005, PROPOSED TOWNHOUSE EXISTING CHURCH DORCHESTER ROAD, 6846 FREDERICA STREET Members of Council, PETER J. LESDOW A R C H I T E C T On behalf of Mr. Colaneri and myself, we wish to express our concern with respect to your decision for above application. It was apparent a factor for the decision was based upon past agreements between the Niagara Worship Centre (Church), neighbours and the City, which it was clamed the Church did not honour and acted in bad faith. We were not part of this process; however further discussions with related parties reveal that statements made were untrue. With respect to the Church's honouring there site plan agreement, my review reveals only two small items not completed, which the City has a letter of credit to complete. The first, a stoned area where an asphalt strip is to occur along the south of the existing parking lot, and the second the introduction of four small curbed islands in the existing parking lot. Hardly any reason the church should have received such sharp criticism, considering other site plan agreement breaches in this City. It should also be considered there is 275' -0" of vacant land or buffer from the parking lot to the south property line. How would this condition give any neighbour a reason for concern? The decision of Council, seemed to be based on emotions and untrue claims, and went completely against all of your professional planning staff recommendations. This has caused us to take the application to O.M.B. and based on the evidence should be approved. This will cause both significant costs to the City of Niagara Falls as well ourselves, and time delays for this project for no reason. It has also placed an additional financial burden on the church in that during this time they must pay significant interest charges from borrowed monies on this surplus land. Under these circumstances, we wish you consider the Churches request to reconsider this application. Peter J. Lesdow B.A., B.Arch., O.A.A., M.R.A.I.C. Peter J. Lesdow a r c h i t e c t 6710 Drummond Road, Suite 6, Niagara Falls, Ontario, L2G 4P1 Phone: 905.357.1112 Fax: 905.357.1112 Email: plesdow(0 iaw.on.ca Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Reconsideration The City of Niagara Falls Canada Date: October 17, 2005 Pastor Myles Holmes of the Niagara Worship Centre is seeking a reconsideration on AM- 20/2005, Dorchester Road {East Side) /6846 Frederica Street, Proposed Townhouse Development Existing Church. Council should be aware of a number of salient points: the Standing Rules of Council do not preclude a reconsideration on the item noted above, however, the Planning Act would still require at least 20 days notice (our practice is approximately one month's notice); therefore, if Council was to pass a reconsideration motion, you could not make a decision on the merits of the application until it had been advertised again. Roberts Rules of Order provides a succinct description and benchmark for when a reconsideration motion is appropriate: The purpose of reconsidering a vote is to permit correction of hasty, ill- advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. Council should contemplate a reconsideration based on the above principles, not because of pressure from proponents or parties affected. the practice at a staff level has been not to entertain the re- submission of failed applications unless there has been a substantial change to the application. Council's recorded vote regarding the application from August 29 was the following: ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Morocco that the application be denied. Alderman Campbell Alderman Ioannoni Alderman Pietrangelo Alderman Wing AYE AYE AYE AYE Alderman Diodati Alderman Morocco Alderman Volpatti Acting Mayor Kerrio Working Togetkr to Serve Our Community AYE AYE NAY AYE Motion carried The applicant and potential purchaser always have the recourse of appealing Council's refusal of the re- zoning application to the Ontario Municipal Board, which may be more expeditious. Corporate Services Department Planning and Development Inter- Department Memorandum TO: Dean Iorfida City Clerk FROM: Anamika Dilwaria Planner 2 Ext. 4246 RE: SPC- 32/2000, Niagara Worship Centre 6846 Frederica Street The City of Niagara Falls Canada DATE: October 7, 2005 As requested, please find attached a copy of the site plan compliance letter which was sent to Mr. Rocco Vacca (lawyer for the purchaser) and Mr. William Stirling (trustee for Niagara Worship Centre). The site plan for the above mentioned property was registered on November 30, 2001, however, the site inspection revealed that the site works have not been completed. Should you require any additional information, please feel free to give me a call. AD:gd Attach. c. Doug Darbyson S :\SITEPLAN\SPCFILES\2000\Spc32- 2000\ OutstandingSiteWork- Iorfida.mem.wpd Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Niagara Falls The City of Canada Mr. Rocco Vacca Sullivan Mahoney LLP Barristers Solicitors 4780 Portage Road Niagara Falls, ON L2E 6A8 Dear Mr. Vacca: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca October 7, 2005 Re: Michael Colaneri John Lesdow In Trust p.f. Niagara Worship Centre 6846 Frederica Street, Niagara Falls Part Lot 125, Stamford Doug Darbyson Director Please be advised that the site plan agreement for the above mentioned site plan registered on November 30, 2001 has been fully executed. However, the following deficiencies were revealed during the site inspection: 1. The parking layout for the site does not correspond to the approved site plan. The parking spaces along the northern property line which abuts Frederica Street have not been provided. 2. The parking island has not been landscaped. 3. The southern portion of the parking lot has not been paved. 4. The disabled parking signs tab has not been installed as per City's guidelines. The sign should be permanently installed at the front and centre of the parking stall and mounted at a height of 1.0 metres to 1.5 metres from the ground to the bottom of the sign. 5. The location of disabled parking spaces does not correspond to the approved site plan. 6. The site plan agreement requires garbage to be stored inside the building but the garbage is stored outside and a garbage enclosure has not been provided. 7. Landscaping has not been completed along Frederica Street as shown on the approved site plan. Working Together to Serve Our Community Clerks Finance Human Resources information Systems Legal Planning Development Rocco Vacca Please complete the site works by November 15, 2005. Until these site works are completed we cannot clear site plan compliance. Should you require any additional information, please do not hesitate to contact me. Yours truly, AD:gd c. Doug Darbyson Dean Iorfida Andrew Bryce S:\SITEPLAN\SPCFILES\ 2000\. Spc32 2000\ OutstandingSiteWorks- Vacca.ltr.wpd 2 October 7, 2005 Anamika Dilwaria Planner 2 Ext. 4246 The City of I Niagara Falls Canada Mr. William Stirling Trustee, Niagara Worship Centre 6846 Frederica Street Niagara Falls, ON L2G 1E2 Dear Mr. Stirling: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca October 7, 2005 Re: Niagara Worship Centre 6846 Frederica Street, Niagara Falls Part Lot 125, Stamford Doug Darbyson Director Please be advised that the site plan agreement for the above mentioned site plan registered on November 30, 2001 has been fully executed. However, the following deficiencies were revealed during the site inspection: 1. The parking layout for the site does not correspond to the approved site plan. The parking spaces along the northern property line which abuts Frederica Street have not been provided. 2. The parking island has not been landscaped. 3. The southern portion of the parking lot has not been paved. 4. The disabled parking signs tab has not been installed as per City's guidelines. The sign should be permanently installed at the front and centre of the parking stall and mounted at a height of 1.0 metres to 1.5 metres from the ground to the bottom of the sign. 5. The location of disabled parking spaces does not correspond to the approved site plan. 6. The site plan agreement requires garbage to be stored inside the building but the garbage is stored outside and a garbage enclosure has not been provided. 7. Landscaping has not been completed along Frederica Street as shown on the approved site plan. I would appreciate if the site works are completed by November 15, 2005. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development William Stirling 2 October 7, 2005 Should you require any additional information, please do not hesitate to contact me. AD:gd c. Kevin Robinson S :\SITEPLAN\SPCFILES\2000\Spc32- 2000\ OutstandingSiteWorks Stirling.ltr.wpd Yours truly, Anamika Dilwaria Planner 2 Ext. 4246 09/28/05 08:44 FAX 905 871 4022 TOWN OF FE ADMIN TOWN OF FORT ERIE Wayne R. Redekop, Mayor One Municipal Centre Drive Fort Erie, Ontario L2A 286 Fax: 905-871-4922 lj FACSIMILE To: George W. Bush, President, United States of America (FAX: 202 -456 -2461) The Honourable Paul Martin, Prime Minister of Canada (FAX: 613 941 -6900) Michael Chertoff, Secretary of Homeland Security (FAX: 202 282 -8401) Senator Charles E. Schumer (FAX: 202 -228- 3027) Senator Hillary Rodham Clinton (FAX: 202- 228 -0282) Stephen Brereton, Consul General of Canada (FAX: 716- 852 -4340) Govemor George E. Pataki (FAX: 202-434 7.80) tiO Congresswomen Louise McIntosh Slaughter (FAX: 202- 225 -7822) Congressman Brian M. Higgins (FAX: 202- 226 -0347 Congressman Thomas Reynolds (FAX: 202- 225 -5910) Congressman John McHugh (FAX: 202 -226- 0621) Congressman John E. Sweeney (FAX: 202 225 -6234) Congressman Bart Stupak (FAX: 202 -225- 4744) Peter King, Chairman of Homeland Security Committee, NY (FAX 202 -282 -8401) Frank McKenna, Ambassador, Canadian Embassy, Washington, DC (FAX: 202 -682- 7701) Anthony M. Masiello, Mayor of Buffalo (FAX: 716 851 -4234 Vincenzo V. Anello, Mayor of Niagara Falls (New York) (FAX: 716 286 -4349) c.c Date: SEPTEMBER 27, 2005 Number of pages including cover sheet: 4 Richard Soluri, Mayor of Village of Lewiston (FAX: 716 286-4406) The Honourable Anne McLellan, Minister of Public Safety and Emergency Preparedness (FAX: 613 -952 -2240) The Honourable Pierre Pettigrew, Minister of Foreign Affairs and International Trade (FAX: 613- 996 -9709) Rob Nicholson, MP (FAX: 613 -992 7910)) The Honourable Dalton McGuinty, Premier of Ontario (416 325 137'1) 374 The Honourable Joe Cordiano, Minister of Economic Development and Trade (FAX: 416- 325 -6918) The Honourable Mike Colle, Minister of Citizenship and Immigration (FAX: 416 -314- 4965) Tim Hudak, MPP (FAX: 416 -325 -0998) Kim Craitor, MPP (FAX: 416 325 -0818) Ted SaIci, Mayor of Niagara Falls (Ontario) (FAX: 905 356 9083 Gary Burroughs, Lord Mayor of Niagara- on -the- Lake (FAX: 905 468 -2959) Patrick Gedge, CEO, NETCORP (FAX: 905 -688- 5907) Jim Thibert, General Manager, EDTC (FAX: 905- 871 -1077) W. James Westlake, Chair, Board of Directors, The Canadian Chamber of Commerce (FAX: 613- 238 -7643) Joseph Wilson, Port Director, U.S. Customs and Border Protection (FAX: 716 -646 -3587) Graham Noseworthy, Regional Director General, Fort Erie Region, CBSA (FAX: 905 994 -6360) The Conference Board of Canada (FAX: 613- 526 -4857) John Lopinski, Chairman, PBA (FAX: 716 -884- 2089) Re: US Government Passport Initiative The information contained in this transmission. may be PRIVILEGED and CONFIDENTIAL and is intended for the above -named only. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly PROHIBITED. If you have received this communication in error. please notify us IMMEDIATELY by telephone and return the original message to us at the above address- We will be happy to reimburse you for any expenses incurred. If these is any problem with this transmission, please contact our offices at (905) 871 -1600 as soon as possible 09/28/05 08:45 FAX 905 871 4022 George W. Bush., President United States of America The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 Mailing Address: TOWN OF FE ADMIN Office of the Mayor WAYNE H. REDEKOP The Honourable Paul Martin, Prime Minister of Canada Office of the Prime Minister 80 Wellington Street Ottawa, ON K 1A 0A2 September 27, 2005 File No. 120808 Sent by fax: 1- 202 456 -2461 1- 613- 941 -6900 and original by ordinary mail Honourable and Dear Sirs: Re: US Government Passport Initiative Please be advised the Municipal Council of the Town of Fort Erie at its meeting of September 26, 2005 passed the following resolution regarding the above referenced matter: WHEREAS in December, 2004 U.S. President George W. Bush signed the intelligence Reform and Terrorism Prevention Act of 2004 IRTPA)"; and WHEREAS the IRTPA directed the Secretary of Homeland Security to implement as expeditiously as possible a plan that would require people entering the United States to present "a valid passport or another document" to establish identity and citizenship, including Canadians, and WHEREAS the first phase of the program would apply to air and sea crossings by December 31, 2007, and WHEREAS the public is encouraged to provide comments to the Department of Homeland Security (DHS) by October 31, 2005, including the types of documents which might be used and the economic cost/benefits of such a system, and WHEREAS in 2004, Canada welcomed 34.6 million person -trips from the United States, and WHEREAS The Conference Board of Canada (July, 2005) estimates that from 2005 through 2008, tourism spending by Americans in Canada will decrease by $1.7 billion as a result of this initiative, and WHEREAS the passport initiative will not only affect the tourism industry in Canada and the United States but no economic analysis has been undertaken to study the other sectors of the economy to determine impact, and .../2 The Corporation of the Town of Fort Erie Municipal Centre, 1 Municipal Centre Drive Fort Ede, Ontario, Canada L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone (905) 871 -1600 Fax (905) 871-4022 Wcb -site: www.forterie.on.ca a 002/004 09/28/05 08:45 FAX 905 871 4022 TOWN OF FE ADMIN IJ003 /004 George W. Bush, President, United. States of America Page two The Honourable Paul Martin, Prime Minister of Canada WHEREAS the Canada/US border is the longest undefended border and Canada and U.S. citizens have remained friends for over 135 years, and WHEREAS Canada/US border communities and regions /counties will be most dramatically effected by any passport initiative coming into force and effect since such documentation will require time, effort and money which most people will not pursue thereby staying in their own country, and WHEREAS if Canadians are required to have a passport to enter the United States, an assumption will be made on the part of Americans that they must have one to enter Canada thereby diverting visits to Canada in favour of staying home since they do not have a passport, and WHEREAS it is imperative that the US Govemment in conjunction with its terrorism prevention mandates, address the passport issue in consultation with Canada; NOW THEREFORE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie that it hereby supports and respects the establishment of cost effective policies and programs that enhance both the security of the Canada/US borders and facilitates the cross border passage of people and goods, such as Nexus; and further THAT: The Municipal Council of the Town of Fort Erie hereby opposes an additional requirement of a "passport or another document" in order to cross the Canada /US border into the U.S. effective December 31, 2006, (air, sea) and December 31, 2007, (land) until "another document" that is easily accessible and affordable by all citizens of all ages is completely defined and debated, and further THAT: President George W. Bush be respectfully encouraged to formulate a Cross Border Panel comprised of U.S. and Canadian participants to study the issue and formulate recommendations regarding same, and further THAT: President George W. Bush be respectfully requested to commission an Economic Impact Analysis and Cost/Benefit Analysis of the proposed initiative for all economic sectors in Canada and the United States and the results of same be submitted to the Cross Border Panel for consideration, and further THAT: President George W. Bush be respectfully requested to hold public hearings /consultations in Canada and the United States by the Cross Border Panel before a final decision and implementation schedule is determined, and further THAT: This resolution be provided to President George W. Bush, Prime Minister Paul Martin, and all relevant federal, provincial and municipal govemments seeking their endorsement and that a copy of same be provided to Niagara's Federal and Provincial Members of Parliament and their U.S. counterparts. (CARRIED) ../3 09/28/05 08:45 FAX 905 871 4022 TOWN OF FE ADMIN (j004 /004 George W. Bush, President, United States of America Page three The Honourable Paul Martin, Prime Minister of Canada You can appreciate the consternation the passport initiative has caused in Canada and the United States of America. It is important that an independent Cross Border Panel be appointed to fully exani ne the issue and determine recommendations. If we can be of assistance in this regard, please contact us and we would be honoured to participate. cc: Michael Chertoff, Secretary of Homeland Security (FAX: 202 -282 -8401) Senator Charles E. Schumer (FAX: 202- 228 -3027) Senator Hillary Rodhatn Clinton (FAX; 202 -228 -0282) Stephen 13rereton, Consul General of Canada (FAX: 716 852 -4340) Governor George E. Pataki (FAX: 202- 434 -7100) Congresswomen Louise McIntosh Slaughter (FAX: 202- 225 -7822) Congressman Brian M. Higgins (FAX: 202- 226 -0347 Congressman Thomas Reynolds (FAX: 202 -225 -5910) Congressman John McHugh (FAX: 202- 226 -0621) Congressman John E. Sweeney (FAX: 202 -225 -6234) Congressman Bart Stupak (FAX 202 225 -4744) Peter King, Chairman of Homeland Security Committee, NY (FAX: 202- 282 -8401) Frank McKenna, Ambassador, Canadian Embassy, Washington, DC (FAX: 202-682-7701) Anthony M. Masiello, Mayor of Buffalo (FAX: 716 851 4234 Vincenzo V. Anello, Mayor of Niagara Falls (New York) (FAX: 716 -286 -4349) Richard Soluri, Mayor of Village of Lewiston (FAX: 716- 286 -4406) The Honourable Anne McLellan, Minister of Public Safety and Ernergency Preparedness (FAX: 613 -952- 2240) The Honourable Pierre Pettigrew, Minister of Foreign Affairs and International Trade (FAX: 613 996 -9709) Rob Nicholson, MP (FAX: 613 992 7910)) The Honourable Dalton McGuinty, Premier of Ontario (416- 325 -3777) The Honourable Joe Cordiano, Minister of Economic Development and Trade (FAX: 416 325 -6918) The Honourable Mike Colle, Minister of Citizenship and immigration (FAX: 416 314 -4965) Tim Hudak, MPP (FAX: 416 325 -0998) Kim Craitor, MPP (FAX: 416 325 -0818) Ted Salci, Mayor of Niagara Falls (Ontario) (FAX: 905 356 -9081) Gary Burroughs, Lord Mayor of Niagara -on- the -Lake (FAX: 905- 468 -2959) Patrick Gedge, CEO, NETCORP (FAX: 905 -688 -5907) Jim Thibert, General Manager, EDTC (FAX: 905 -871 1077) W. James Westlake, Chair, Board of Directors, The Canadian Chamber of Commerce (FAX: 613 -238- 7643) Joseph Wilson, Port Director, U.S. Customs and Border Protection (FAX: 716 -646 -3587) Graham Noseworthy, Regional Director General, Fort Erie Region, CBSA (FAX: 905- 994 -6360) The Conference Board of Canada (FAX: 613 -526 -4857) John Lapinski, Chairman, PBA (FAX: 716- 884 -2089) September 26, 2005 Prime Minister Paul Martin Office of the Prime Minister 80 Wellington Street Ottawa, ON K1A 0A2 CL 14 2005, September 22, 2005 Resolution Security of the Border Documents Required for Travel Our File No. R.03.0002 Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905 685 -1571 Toll-free: 1- 800 263 -7215 Fax: 905 685 -4977 www.regional.niagara.on.ca The Council of The Regional Municipality of Niagara, at its meeting of September 22, 2005, passed the following resolution: "WHEREAS in December, 2004, U.S. President Bush signed the "Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) and WHEREAS the IRTPA directed the Secretary of Homeland Security to implement as expeditiously as possible a plan that would require people entering the United States to present "a valid passport or another document" to establish identity and citizenship; and WHEREAS the first phase of the program would apply to air and sea crossings by December 31, 2007; and WHEREAS the public is encouraged to provide comments to the Department of Homeland Security (DHS) by October 31, 2005, including the types of documents which might be used and the economic cost/benefits of such a system; and WHEREAS in 2004, Canada welcomed 34.6 million person -trips from the United States; and WHEREAS The Conference Board of Canada (July, 2005) estimates that from 2005 through 2008, the tourism spending by Americans in Canada will be decreased by $1.7 billion as a result of this initiative; and WHEREAS No economic analysis has been done on the effect on non tourism industries such as manufacturing and services; this is not just a "tourism issue and NOW THEREFORE BE IT RESOLVED THAT the Council of the Regional Municipality of Niagara supports the establishment of cost effective policies and programs that enhance both the security of the border and facilitates the Cross Border passage of people and goods, such as Nexus; and further Page 2... THAT The Council of the Regional Municipality of Niagara does not support the additional requirement of a "passport of another document" in order to cross the U.S. /Canada border effective December 31, 2006, (air, sea) and December 31, 2007, (Land) until "another document" that is easily accessible and affordable by all citizens of all ages is completely defined; and further THAT The Council of the Regional Municipality of Niagara proposes economic impact analysis and cost/benefit analysis of this program be carried out with respect to all economic sectors before a final decision and implementation schedule is determined; and further THAT The Council of the Regional Municipality of Niagara supports official public hearings /consultations be held in all affected countries before a final decision and implementation schedule is determined; and further THAT this resolution be circulated to all Municipal, Provincial and border State Governments and to the State Governments of Florida, California, Arizona, New York, Texas, South Carolina, Georgia, Washington, Mississippi and Hawaii requesting their endorsement, and THAT a copy of this resolution be circulated to Niagara's Federal and Provincial Members of Parliament and to their respective U.S. counterparts. Our Regional Council asks that the Association of Municipalities of Ontario forward this resolution to Municipal governments in Ontario. Thank you for your attention to this very important matter. Yours truly, Pam Gilroy Regional Clerk pam .ailroyaregional.niagara.on.ca cc: Municipal Governments (AMO for distribution) Premiers, Provincial Governments as per attached labels State Governors (as per resolution) as per attached labels Local M.P.P.s and M.P.s and U.S. counterparts as per attached labels Regional Chair and Councillors Patrick Gedge October 6, 2005 Mayor Ted Salci, City of Niagara Falls Request for Proclamation Westlane Students Against Impaired Driving Westlane Secondary School 5960 Pitton Road Niagara Falls, Ontario L2H 1T5 (905) 356 -2401 Dear Mayor Salci, In 1999, Canadian Youth held their first annual day of action against impaired driving. Tuesday, October 18, 2005 is their sixth annual National Students Against Impaired Driving Day across Canada. Youth can play a positive role in our communities and schools by creating educational opportunities, which are fun, informative, and save the lives of friends and peers. Every day, impaired driving kills an average of 4.5 Canadians; that's an average of 1 death every 5 hours (MADD Report Card, 2000). Please encourage youth to take action against impaired driving in this country. We ask that you proclaim Tuesday, October 18, 2005 as National Students Against Impaired Driving Day in the city of Niagara Falls. Sincerely, Sofa Qazi, Jessica Ives, Bryan Hui Student Co- ordinators of NSAID Day at Westlane Secondary School Katheryn Wilson Orla Morgon Staff Advisors, WSAID ZERO HERO ZERO HERO ZERO HERO ZERO HERO ZERO HERO YOU ARE CORDIALLY INVITED TO ATTEND NATIONAL STUDENTS AGAINST IMPAIRED DRIVING DAY ON TUESDAY, OCTOBER 18TH AT WESTLANE SECONDARY SCHOOL To Congratulate THE 2005 ZERO HEROS LUNCHTIME ACTIVITIES (11:00 -12:00 IN THE FOYER) .MAKE A COMMITMENT TO BE A ZERO HERO .SIGN THE ZERO HERO BOARD .ENTER THE FREE DRAW .GET A TATTOO TRY THE VISION IMPAIRMENT GOGGLES AND BECOME A ZERO HERO BY MAKING A COMMITMENT TO BE THE PERSON WHO CHOOSES TO CONSUME NO ALCOHOLIC BEVERAGES PRIOR TO OR DURING AN EVENT IN ORDER TO PROVIDE YOUR FRIENDS AND FAMILY WITH A SAFE RIDE HOME. ZERO HERO ZERO HERO ZERO HERO ZERO HERO ZERO HERO Mayor Ted Salci pa QIIIIAMADI X City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca (905) 356 -7521 Ext. 4201 Fax: (905) 374 -3557 tsalci @city.niagarafalls.on.ca ?EitEA The Ontario Chapter of the International Graphoanalysis Society has been promoting the use of handwriting analysis using the method of Graphoanalysis since 1957; and 1111 TOEillEAa Graphoanalysis is a scientific system of identifying and assessing the character and personality of an individual through a detailed study of handwriting. It cannot distinguish sex, race, religious affiliation, or sexual preference. This allow the Graphoanalyst to provide a detailed and unbiased assessment; and 14EaEmir, the purpose of this day is to alert the public to the importance of handwriting analysis, stress the benefits of hand written communication, promote good penmanship and encourage legible handwriting; and 1; r, NOD 1 1 1 1 Tig Eid EMNRIE, I, Ted Salci, Mayor of the City of Niagara Falls, do hereby proclaim Saturday, October, 29, 2005 as "Hand Writing Analysis Day" in the City of Niagara Falls. LJur it. add Members of Qtounril (*duller 17 2005 COPY Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario Members: BACKGROUND: Prepared by: A. Felicetti Manager of Revenue Recommended by: K.E. Burden Director of Finance Corporate Services Department Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: Fax: E -mail: (905) 356 -7521 (905) 356 -0759 afelicetti @city.niagarafalls.on.ca October 17, 2005 Re: F- 2005 -47 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 RECOMMENDATION: That the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the Applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. Approved by: JfabiAL T. Ravenda Executive Director of Corporate Services Respectfully submitted by: John MacDonald Chief Administrative Officer F 2005 47 Kenneth E. Burden Director Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development Reduction Amount 1 $4,678.811 106'£1.917$ 99'691.$ 91.'1701 :Z$ 1 60'L171.'Z$ 1Z6'8£0'Z$ 199'809$ 1171.'1.68$ ti.•1.£8'l$ 1 $1,797.231 1 $6,392.001 $18,118.8511 1 $3,461.8011 1 $1,432.7011 1 $1,544.7211 110L's17s'9$ 1 00'0$ 1 99'05$ 1 9L'LL17' $1,525.9511 $887.35 199'59$ $67.8211 $828.01 $19,119.56 11 9£'£L£' L$ 00'0$ $1,592.70 $1,211.28 1 1 95 1 7 4 1 9Z'ZL$ 1 00'0$ 1 L17'£3 L 17'£ l$ $13.4711 00 L17'£3 Reason for Application 1 Became Exempt 1 Became Exempt Damaged by fire, demolition or otherwise Ceased to be liable to be taxed at rate it was taxed 1 Ceased to be liable to be taxed at rate it was taxed 1 Ceased to be liable to be taxed at rate it was taxed Gross or manifest clerical error 1 Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise 1 Became Exempt 1 Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise 1 Razed by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise Became Exempt Became Exempt Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Became Exempt Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise 1 Damaged by fire, demolition or otherwise 1 Gross or manifest clerical error 1 Became Exempt 1 Gross or manifest clerical error Gross or manifest clerical error 1 Became Exempt i Became Exempt Became Exempt i Became Exempt Became Exempt Gross or manifest error JeeA opexe £O OZ 1 17002 1700Z £002 p002 900Z 900Z 900Z 900Z 900Z 9002 5002 1700Z 900Z 9002 900z 9002 9002 17ooz 9002 9ooz 17002 900Z 9002 900Z 9002 9002 9ooz 1700Z 9002 £002 17002 9002 9002 900Z 9002 900Z EON Name and Address of Applicant Niagara Life Centre, 4761 Crysler Avenue, Niagara Falls, ON L2E 3V9 Niagara Life Centre, 4761 Crysler Avenue, Niagara Falls, ON L2E 3V9 Jim Pattison Developments Ltd, 4983 Clifton Hill, Niagara Falls, ON L2G 3N5 Suat Yuko Yardimci, 4148 Victoria Avenue, Niagara Falls, ON L2E 4B4 Suat Yuko Yardimci, 4148 Victoria Avenue, Niagara Falls, ON L2E 4B4 Suat Yuko Yardimci, 4148 Victoria Avenue, Niagara Falls, ON L2E 4B4 Tom George Papavasiliou, 4770 Crawford Place, Niagara Falls, ON L2E 1Z2 Louis George Petrakis, 5077 Centre St, Niagara Falls, ON L2G 3N8 The Regional Municipality of Niagara, PO Box 1042, Thorold, ON L2V 4T7 1 Niagara Regional Municipality, PO Box 1042, Thorold, ON L2V 4T7 Helias Enterprises Ltd, 5841 Dunn Street, Niagara Falls, ON L2G 2N6 1820872 Ontario Limited, 120 Woodstream Blvd, Unit 15, Vaughan, ON L4L 7Z1 1032447 Ontario Limited, 4421 Drummond Road, Niagara Falls, ON L2E 6C5 Antonio Marone, c/o 8139 Post Rd, Niagara Falls, ON L2H 2L2 Loblaw Properties Limited, 22 St. Clair Ave East, 2nd Fir Attn: Legal, Toronto, ON M4T 2S5 Midtown Bowling Niagara Limited, 3490 Cardinal Dr, Niagara Falls, ON L2H 2X3 Greater Niagara General Hospital 1 Darran Edith Buckaway, 5747 Temperance Avenue, Niagara Falls, ON L2G 4A7 Niagara Falls City, 4310 Queen Street, Box 1023, Niagara Falls, ON L2E 6X5 Niagara Falls City, 4310 Queen Street, Box 1023, Niagara Falls, ON L2E 6X5 Kristen Elizabeth Feren, 97 Cedarcrest Blvd, East York, ON M4B 2T4 Nancy Theresa Legroulx, 6539 Ash Street, Niagara Falls, ON L2G 2H4 Pascal Kerrie Sylvestre, 6547 Ash Street, Niagara Falls, ON L2G 2H4 Emma Picciariello, 6295 Drummond Road, Niagara Falls, ON L2G 4M8 1 Niagara Falls City, c/o Niagara Falls Boys Girls Club, 6681 Culp St, Niagara Falls, ON L2G 2C5 1 Michael Karen Murphy, 6211 Charnwood Ave, Niagara Falls, ON L2H 2L5 Lawrence Anne Marie Hill, 7652 Jubilee Drive, Niagara Falls, ON L2G 7J6 1 Pinewood Homes (Niagara) Ltd, 2125 Fruitbelt Pky, RR 1, Niagara Falls, ON L2E 6S4 1 527786 Ontario Limited, 1701 Thorold Townline Rd, Niagara Falls, ON L2E 6S5 1 Regional Municipality of Niagara, Attn: Public Works, 2201 St. David's Rd, NFO L2V 4T7 527786 Ontario Limited, RR 1, 1701 Thorold Townline Road, Niagara Falls, ON L2E 6S5 527786 Ontario Limited, RR 1, 1701 Thorold Townline Road, Niagara Falls, ON L2E 6S5 Niagara Regional Municipality, 2201 St. David's Rd, Box 1042, Thorold, ON L2V 4T7 Donald Roger Brown, 7906 Beaverdams Rd, Niagara Falls, ON L2H 1R5 775483 Ontario Limited c/o 547554 Ontario Ltd, 3469 Garner Rd, Niagara Falls, ON L2E 6S4 775483 Ontario Limited c/o 547554 Ontario Ltd, 3469 Garner Rd, Niagara Falls, ON L2E 6S4 775483 Ontario Limited c/o 547554 Ontario Ltd, 3469 Garner Rd, Niagara Falls, ON L2E 6S4 Hodgson Properties Inc, 5580 Kalar Rd, Niagara Falls, ON L2H 3L1 'Iddv 91 2004 -1 2004 -62 2005 -57A 2005 -57B 1 2005 -57 2005 -27 2005 -1 1 2005 -2 2005 -3 2005 -4 1 2005 -5 2004 -84 2005 -28 1 2005 -37 1 2005 -8 1 2005 -39 2005 -29 90£ -9002 11 1 1 2005 -30 017 8217 11 1 1 2005 -42 2005 -31 2005 -36 2005 -9 1 2005 -10 2005 -11 2005 -63 2005 -58 1 91717 -9002 1 1 t' -9ooz 1 1 917 1 Z9 1 179-9002 1 2005 -55 1 2005 -56 V69 9002 11 ASV Reduction Amount V h M 0 LO t0 O 0 CO t0 $2,695.60 ($534.73; $2,209.03 $1,366.46 $2,424.56 $3,731.47 a- a 0 000 fA Y a a CO H O O 69N tO OO V N cc; CA N PO 0) a CA Reason for Application Gross or manifest error Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Gross or manifest error Damaged by fire, demolition or otherwise Gross or manifest error Gross or manifest error Gross or manifest error Gross or manifest error Gross or manifest error Damaged by fire, demolition or otherwise Ceased to be liable to the taxed at rate Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise Became Exempt Damaged by fire, demolition or otherwise Damaged by fire, demolition or otherwise JeeA uogexe 000000 0000000000000 CV CV CSI CV CV CV CV CV CS/ Lt) O N N to 0 N LO at 0 0 N N 10 0 N to 0 N LO 0 N LO 0 N LO 0 N Name and Address of Applicant Hodgson Properties Inc, 5580 Kalar Rd, Niagara Falls, ON L21-I 3L1 Karen Ann DeGiorgio, 8267 Thorold Stone Road, Niagara Falls, ON L2E 6S4 Karen Ann DeGiorgio, 8267 Thorold Stone Road, Niagara Falls, ON L2E 6S4 Nicola Claudia Mary Zitano, 7888 Cathedral Drive, Niagara Falls, ON L2H 2Z3 Rita John Prizen, 4795 Kalar Road, Niagara Falls, ON L2H 1S7 603185 Ontario Ltd, 8444 Lundy's Lane, Niagara Falls, ON L2H 11-14 River Realty Development, PO Box 576 Stn Main, Niagara Falls, ON L2E 6V2 1 Canadian Niagara Power Company Limited, PO Box 1218 Stn Main, Fort Erie, ON L2A 5Y2 Canadian Niagara Power Company Limited, PO Box 1218 Stn Main, Fort Erie, ON L2A 5Y2 Canadian Niagara Power Company Limited, PO Box 1218 Stn Main, Fort Erie, ON L2A 5Y2 1314488 Ontario Limited (Cecil Amadio), PO Box 688, Niagara Falls, ON L2E 6V5 1314488 Ontario Limited (Cecil Amadio), PO Box 688, Niagara Falls, ON L2E 6V5 1314546 Ontario Inc, P.O. Box 2156 Niagara Falls, ON L2E 6Z3 Arlo Jill Vance, 643 Village Green Blvd, Mars PA, USA 16046 138342 Canada Inc, 7885 Stanley Avenue, Niagara Falls, ON L2E 6X8 Marineland of Canada Inc, 7885 Stanley Avenue, Niagara Falls, ON L2E 6X8 Niagara Parks Commission, 6075 Niagara Pkwy, PO Box 150 Niagara Falls, ON L2E 6T2 Clifford Tunmer Kathleen Vandyke Tunmer, 5826 Leonard Ave, Niagara Falls, ON L2G 4R1 Joseph Colautti, 12330 Willodell Rd, Niagara Falls, ON L3B 5N4 .iddV Oa 0 m� C1°00°00°0 N N Lo O N t o O N O CO N L o O N C Q O �10 N N C CO O 0 N (C) L(7 0 N N.. to 0 N t 0 N �Q 0' N N t o 0 N t 00 N t o CV t o 00 CV CO t o CV iii o CA 1:3 w G. c r co r To F- C N L re 1 8 hi Z 15 co CO M e 0) O 0 O H 0 0 0 N LL LO 0 0 N 0) N O U 0 w rAny individual items not approved must be struck out and initialed.] DEAN IORFIDA, CITY CLERK TED SALCI, MAYOR APPROVED this REPORT NO. Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: aren I. Kelly City Solicitor Corporate Services Department L- 2005 -40 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371 -2892 E -mail: kkelly @city.niagarafalls.on.ca October 17, 2005 Re: L- 2005 -40 Niagara Falls Hydro Holding Corporation Niagara Falls Hydro Inc. Niagara Falls Hydro Services Inc. Annual Resolutions Our File No. 2002 -56 That the Mayor, being the shareholder's representative of Niagara Falls Hydro Holding Corporation, Niagara Falls Hydro Inc. and Niagara Falls Hydro Services Inc., be authorized to execute the Annual Resolutions of these three Corporations for the year ended December 31, 2004, as set out in Appendices 1, 2 and 3. Annual Resolutions for each of the three above mentioned Corporations are required pursuant to the Ontario Business Corporations Act. The execution of these Resolutions is an annual requirement of the Mayor, as the shareholder's representative of each of the three Corporations. Recommended by: Respectfully submitted: /77 John MacDonald Chief Administrative Officer Karen Kelly City Solicitor Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 17, 2005 2 L- 2005 -40 Approved by: T. Ravenda Executive Director of Corporate Services KIK/sm Attachments A44/. Resolved that: Annual Resolution of the Shareholder Of Niagara Falls Hydro Holding Corporation 1. Approval of Financial Statements The consolidated and non consolidated financial statements of the Corporation for the financial year ending December 31, 2004 with the report dated April 14, 2005 of the Auditor thereon are hereby acknowledged to have been presented to the shareholder of the Corporation and are hereby approved and adopted. 2. Appointment of the Auditor Crawford, Smith Swallow be and is hereby appointed the Auditor of the Corporation, to hold office until the next annual meeting of the shareholder of the Corporation unless such Auditor is earlier duly removed from office, at a remuneration to be fixed by the Board of Directors and the Board being hereby authorized to fix such remuneration. 3. Confirmation of Acts of Directors and Officers All acts, contracts, by -laws, resolutions, proceedings, appointments, elections and payments enacted, taken, passed, made and done by the directors and officers of the Corporation since Incorporation dated April 1, 2000 to the date hereof are hereby approved, ratified and confirmed. The foregoing resolution is hereby consented to by the signature of the Shareholder's representative as set out in original Shareholder Declaration, Section 6 pursuant to Section 7 signed and dated May 8, 2000. Dated the of 2005 Mayor Ted Salci, City of Niagara Falls w 0 a. Resolved that: Annual Resolution of the Shareholder Of Niagara Falls Hydro Inc. 1. Approval of Financial Statements The financial statements of the Corporation for the financial year ending December 31, 2004 with the report dated April 14, 2005 of the Auditor thereon are hereby acknowledged to have been presented to the shareholder of the Corporation and are hereby approved and adopted. 2. Appointment of the Auditor Crawford, Smith Swallow be and is hereby appointed the Auditor of the Corporation, to hold office until the next annual meeting of the shareholder of the Corporation unless such Auditor is earlier duly removed from office, at a remuneration to be fixed by the Board of Directors and the Board being hereby authorized to fix such remuneration. 3. Confirmation of Acts of Directors and Officers All acts, contracts, by -laws, resolutions, proceedings, appointments, elections and payments enacted, taken, passed, made and done by the directors and officers of the Corporation since Incorporation dated April 1, 2000 to the date hereof are hereby approved, ratified and confirmed. The foregoing resolution is hereby consented to by the signature of the Shareholder's representative as set out in original Shareholder Declaration, Section 6 pursuant to Section 7 signed and dated May 8, 2000. Dated the of 2005 Mayor Ted Salci, City of Niagara Falls aim w 0 0 Resolved that: Annual Resolution of the Shareholder Of Niagara Falls Hydro Services Inc. 1. Approval of Financial Statements W 0 The financial statements of the Corporation for the financial year ending December 31, 2004 with the report dated ApriI14, 2005 of the Auditor thereon are hereby acknowledged to have been presented to the shareholder of the Corporation and are hereby approved and adopted. 2. Appointment of the Auditor Crawford, Smith Swallow be and is hereby appointed the Auditor of the Corporation, to hold office until the next annual meeting of the shareholder of the Corporation unless such Auditor is earlier duly removed from office, at a remuneration to be fixed by the Board of Directors and the Board being hereby authorized to fix such remuneration. 3. Confirmation of Acts of Directors and Officers All acts, contracts, by -laws, resolutions, proceedings, appointments, elections and payments enacted, taken, passed, made and done by the directors and officers of the Corporation since Incorporation dated April 1, 2000 to the date hereof are hereby approved, ratified and confirmed. The foregoing resolution is hereby consented to by the signature of the Shareholder's representative as set out in original Shareholder Declaration, Section 6 pursuant to Section 7 signed and dated May 8, 2000. Dated the of 2005 Mayor Ted Salci, City of Niagara Falls His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Municipal Works The City of 4310 Queen Street Niagara Falls u P.O. Box 1023 Canada Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: munwks @city.niagarafalls.on.ca Members: RECOMMENDATION BACKGROUND Community Services Department MW 2005 119 October 17, 2005 RE: MW- 2005 -119 Tender #T -12 -2005 New Equipment Purchase Ed Dujlovic, P. Eng. Director It is recommended that Tenders for the purchase of New Equipment be awarded to the following bidders: 1) David Chevrolet Corvette Ltd., Welland, Ontario for Section 2 One (1) 10,000 GVW Single Axle Truck with Dual Wheels, Crew Cab Contractors Dump Box Hoist in the amount of $57,491.95; 2) Archer Truck Service Ltd., St. Catharines, Ontario for Section 3 One (1) Truck, Cab Chassis 6.0 CY Minimum Dump Body- Spreader All- Season Combination Equipped with Power Operated Snowplow Wing in the amount of $191,242.19; and 3) Archer Truck Service Ltd., St. Catharines, Ontario for Section 4 One (1) 60,000 GVRW Tandem Truck with Dump Body- Spreader All- Season Combination Equipped with Power Operated Snowplow and Wing in the amount of $249,030.88. Tenders for New Equipment were opened by the Tender Opening Committee on Thursday, September 22, 2005 with the City Clerk in attendance. A summary of bids is attached for Council's information. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Laws MW- 2005 -119 2 October 17, 2005 Section 1 received a sole bid from Sheehan's Truck Centre. After reviewing the specifications it was noted that the truck is not suitable for the intended use. Quotations have recently been reissued to complete this requirement. Section 2 of the Tender received a sole bid which meets specifications from David Chevrolet Corvette Ltd. in the amount of $57,491.95. Section 3 received three (3) bids with the lowest tendered price from Archer Truck Service Ltd. meeting the required specifications in the amount of $191,242.19. Section 4 received four (4) bids. After a complete review of the specifications submitted from the three (3) lowest bidders, St. Catharines Truck Tractor, Eastgate Truck Centre and Archer Truck Services Ltd., we found the bid from Archer Truck Services Ltd. in the amount of $249,030.88 is most suited for the intended use as per the required specifications outlined in Tender #T -12 -2005. Sufficient funds are available in the 2005 budget to cover the purchase of this new equipment. Council's approval of the recommendation and information contained in this report would be appreciated. Operations Superintendent Recommende by: Ed Dujlovic, P.Eng. Director of Municipal Works /gkf attach. H: \REPORTS\2005\M W- 2005- 119NEW EQUIPMENTPURCHASE.wpd Respectfully submitted by: /II ohn MacDonald Chief Administrative Officer O O V E•� c• rl i TA tee ta vi e'e o U a?3 O V A L a, i. a CI V E z U F.O cs W x O M kn uee EIR O 00 00 0 O N Niagara Falls The City of Canada Members: RECOMMENDATION: 1971 -1990 Era: Community Services Department R- 2005 -52 Parks, Recreation Culture Adele Kon 4310 Queen Street Director .0. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: akon @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 17, 2005 Re: R- 2005 -52- 2005 Sports Wall of Fame Inductees It is recommended that Council approve the 2005 Sports Wall of Fame Inductees for the January 15, 2006 Induction Ceremony. 2005 Sports Wall of Fame Inductees: 1900 -1970 Era: Name Category Sport Jewel Steele Athlete Figure Skating Tony Parisi Athlete Hockey Bill Irvine Builder Hockey Harry Oakes Benefactor Battery Sport Shop Midget Baseball Team Ontario Champions, 1954 Team Baseball Name Category Sport Gina Pietrangelo Marotta Athlete Hockey and Soccer Dino M. Serra Athlete Hockey Lucille Hilston Builder Slo -Pitch for Seniors Elizabeth Dempsey Builder Soccer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 17, 2005 2 R- 2005 -52 1991 Present Era: Name Category Sport Vibe Junior Competitive Synchronized Skating Team Team Skating Louise Marie Pietrangelo Athlete Hockey BACKGROUND: For the past sixteen years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. This special recognition is a great honour bestowed on our athletes, builders, teams and sponsors. More than 350 people attend the event each year and the Committee works to gather program sponsors, which cover the cost of the program and the reception. The Sports Wall of Fame Committee reviewed the Nomination Forms submitted and selected the above listed Nominees for Induction to the 2005 Niagara Falls Sports Wall of Fame. Council's support and approval of the selections is respectfully requested. Prepared by: Lori Alb e Community Development Coordinator Recommen Adele Kon Director of Parks, Recreation Culture LA:das Respectfully submitted: 0 1140 ohn MacDonald Chief Administrative Officer S: \Council \Council2005\R 2005 -52- 2005 Sports Wall of Fame Inductees.wpd The City of I Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department R- 2005 -53 Parks, Recreation Culture Adele Kon 4310 Queen Street Director .0. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: akon @city.niagarafalls.on.ca October 17, 2005 Re: R- 2005 -53 Ontario Heritage Foundation Award That Council approve the nomination selected by the Arts Culture Committee for the Heritage Community Recognition Program and that the nomination be forwarded to the Ontario Heritage Foundation. The Heritage Community Recognition Program is in its ninth year and its purpose is to provide an opportunity for municipalities to recognize individuals who have made a significant contribution to local heritage preservation. The program provides five categories for recognition built, cultural, natural, heritage garden conservation and lifetime heritage achievement. The specific guidelines are attached. Nomination forms were sent to all our heritage groups and an advertisement was also placed in the Niagara Falls Review. Nominations were reviewed by members of the Arts Culture Committee and they are requesting that Council support their nomination of Mr. Peter McKenna under the cultural category. Adele Kon Director of Parks, Recreation Culture AK/das Attachment S: \Council \Council 2005 \R 2005 -53 Ontario Heritage Foundation Award.wpd espectfully submitted: hn MacDonald hief Administrative Officer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services The City F of s t Niagara Falls Canada The Ontario Heritage Foundation and the City's Arts Culture Committee wish to give the community the opportunity to recognize individuals who have made significant contributions to local heritage preservation. The following are examples of voluntary activities that qualify. One individual or small group will be recognized in each of the following five categories: BUILT Leadership in the restoration and preservation of heritage structures Significant fundraising to support the restoration of a historic structure Long- standing member of a committee dedicated to preserving heritage structures CULTURAL Long- standing volunteer service to a historical society, museum or historic site Research or writing related to local history Voluntary teaching of local history or traditions Personal collections of local artifacts, heritage photographs or m emorabilia that are shared with the community Volunteer participation in activities or events that protect, preserve or promote First Nations, Metis or Franco Ontarian heritage NATURAL Significant volunteer work at a conservation authority /area or other parkland Outstanding contributions as a volunteer board member of a local natural heritage organization Demonstrated leadership in the protection of natural heritage, for example, endangered species habitats, rare Carolinian forests, wetlands, watercourses and tall grass prairies Significant natural heritage conservation activities by private landowners HERITAGE GARDEN CONSERVATION Heritage Community Recognition Program 2005 Nomination forms can be picked up at: the Parks, Recreation Culture Office at 7565 Lundy's Lane, Niagara Falls, ON. O CI TARN HI i i TAGE FoONitiA1 foN Hands -on volunteer work in preserving, restoring or re- creating a heritage garden based on historical research Significant fundraising to support the preservation, restoration or re- creation of a heritage garden Research or writing related to heritage gardens LIFETIME HERTITAGE ACHIEVEMENT Individual, who, over the course of his/her lifetime (min. 20 years) has made exceptional contributions to built, cultural and/ or natural heritage or heritage garden conservation Nomination forms must be submitted no later than Friday, September 16, 2005 to: The City of Niagara Falls Arts Culture Committee c/o Parks, Recreation Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 905- 356 -7521 Ext. 4330 D a, 1- F CITY OF NIAGARA FALLS By -law No. 2005 A by -law to amend By -law No. 79 -200, to permit a cottage rental dwelling. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by numbering 729, the land on the west side of Ontario Avenue, south of Otter Street, being Lot 51, according to Plan 41, now known as Plan 328, in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated R2 and numbered 729 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 7.7.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated R2 and numbered 729 on the plan Schedule 1 attached hereto, or the use of the existing one family detached dwelling thereon, from being used for the purpose of a cottage rental dwelling. 3. For the purposes of this by -law, "cottage rental dwelling" means a one family detached dwelling that is rented in its entirety to one group of travelers at a time for periods of less than 28 days at one time. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.729 First Reading: Second Reading: Third Reading: None of the provisions of section 7.7.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the west side of Ontario Avenue, south of Otter Street, designated R2 and numbered 729 on Sheet D4 of Schedule "A or the use of the existing one family detached dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance with By -law No. 2005 Passed this seventeenth day of October, 2005. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR October 17, 2005 October 17, 2005 October 17, 2005 SCHEDULE 1 TO BY -LAW No. 2005- Subject Land Amending Zoning By -law No. 79 -200 Description: Lot 51, according to Plan 41 now known as Plan 328, in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Robert James Craig ASSESSMENT 2725 020 002 07200 1:NTS AM- 21/2005 K: \GIS_Requests\ 2005\ Schedules\ZoningAM\AM -21 \mapping.apr September 2005 CITY OF NIAGARA FALLS By -law No. 2005 A by -law to amend By -law No. 79 -200, to permit a new car agency on the property. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheets B5 and B6 of Schedule "A" to By -law No. 79 -200 are amended by numbering 728, the land on the southeast corner of Montrose Road and McLeod Road, being Part of Township Lot 179, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated TC and numbered 728 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 8.6.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated TC and numbered 728 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon, for the purpose of a new car agency. 3. Notwithstanding the provisions of clauses (a), (b), (d) and (e) of section 8.6.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated TC and numbered 728 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) (b) Minimum lot frontage 60 metres Minimum lot area (c) Minimum setback from McLeod Road for all buildings and structures, required aisles and parking spaces and works essential to the development, save and except for landscaped open space (d) Minimum interior side yard setback (e) Minimum exterior side yard setback the whole of the land designated TC and numbered 728 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road and highway widenings 14 metres after any part which may be required to be dedicated for road and highway widening 3 metres 3 metres (f) 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.728 Passed this seventeenth day of October, 2005. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: Minimum landscaped open space (b) October 17, 2005 October 17, 2005 October 17, 2005 2 10% of the lot area, which shall include a 3 metre wide strip, along and beside any road allowance, save and except for any driveways and a 3 metre wide strip, along and beside the east property line (a) None of the provisions of section 8.6.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the southeast corner of Montrose Road and McLeod Road, designated TC and numbered 728 on Sheets B5 and B6 of Schedule "A or the erection or use of any building or structure thereon, for the purpose of a new car agency. Notwithstanding the provisions of clauses (a), (b), (d) and (e) of section 8.6.2 of By -law No. 79 -200, no person shall use the land on the southeast corner of Montrose Road and McLeod Road, designated TC and numbered 728 on Sheets B5 and B6 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2005 SCHEDULE 1 TO BY -LAW No. 2005 Subject Land Description: Applicant: ir KAGIS_ Requests\ 2005\ Schedules \zoningAMCAM- 18 mapping.apr Amending Zoning By -law No. 79 -200 Part of Township Lot 179, in the Former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Inter America Leasing Company Inc. Assessment 272511000205900, 272511000205901, 272511000205902 s 1:NTS AM- 18/2005 August 2005 A by -law to authorize the execution of a Licence Agreement with Fallsview Golf Inc. respecting the use of certain space for an advertising display sign on the western and eastern facades of the former CP railway bridge spanning Marineland Parkway, in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Agreement dated the 17` day of October, 2005, and made between Fallsview Golf Inc. as Licensee and The Corporation of the City of Niagara Falls as City, respecting the use of certain space for an advertising display sign on the western and eastern facades of the former CP railway bridge spanning Marineland Parkway, in the City ofNiagara Falls, subject to the terms and conditions as set out in the Licence Agreement and an excerpt of the first page attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Agreement. Passed this seventeenth day of October, 2005. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 17, 2005 October 17, 2005 October 17, 2005 CITY OF NIAGARA FALLS By -law No. 2005 BETWEEN: 1. Grant SCHEDULE'! and Hereinafter referred to as the "City" FALLSVIEW GOLF INC. Hereinafter referred to as the "Licensee" THIS LICENCE AGREEMENT made this 1 7th day of October THE CORPORATION OF THE CITY OF NIAGARA FALLS 2005. OF THE FIRST PART; OF THE SECOND PART. WHEREAS the Licensee has requested the City's permission to place an advertising display sign on lands owned by the City; AND WHEREAS the Licensee is the owner and operator of certain lands and facilities fronting on Marineland Parkway, in the City of Niagara Falls, in the Regional Municipality of Niagara, known as Thundering Waters Golf Resort; AND WHEREAS the Licensee and the City have agreed to enter into this Licence Agreement (the "Agreement in respect of the Licensee's use of certain space on the lands owned by the City for said advertising display sign; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1.1 The parties hereto acknowledge that the City is the owner of the lands and premises more particularly described in Schedule "A" attached hereto (the "Lands 1.2 The City hereby grants to the Licensee, and the Licensee accepts, a limited, non exclusive right to use the applicable portion of the Lands as designated by the City being the exterior of the western and eastern facades of the former CP railway bridge spanning Marineland Parkway in a north -south direction (the "Site which site is more particularly detailed in a to scale Site Plan referenced in 3.2 below, for the installation and maintenance, at the Licensee's sole cost and expense, of two (2) 53" x 20' signs designed for first party directional advertising purposes only, more specifically to By -law No. 2005 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17 day of October, 2005. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 17 day of October, 2005 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this seventeenth day of October, 2005 DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: October 17, 2005. October 17, 2005. October 17, 2005. CITY OF NIAGARA FALLS