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2007/04/16COUNCIL MEETING Monday, April 16, 2007 Order of Business and Agenda Package PRAYER: Councillor Thomson COUNCIL MEETING April 16, 2007 ADOPTION OF MINUTES: Council Minutes of April 2, 2007 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS/ PRESENTATIONS Recognizing Employee Excellence Awards The following City employees will be honoured under various categories of the City's Recognizing Employee Excellence program: Mike Halle Fire Fighter, Fire Services Leadership Luigi Fragale Carpenter, Construction, Municipal Works Innovation Serge Felicetti Business Development Leadership Jim Jessop Fire Prevention Officer, Fire Services Leadership Colin Seymour Plumber, Water, Service Centre Customer Service William Clark Senior Zoning Administrator, Planning Development Team Participation Heart Niagara Karen Stearne, Executive Director, will address Council on Heart Niagara's new partners, location and what they have to offer to our community. Public Meeting Zoning By -law Amendment Application, AM- 43/2006 9268 Lundy's Lane Applicant: Kenneth Moore Agent: Chris Cristelli Proposed Cottage Rental Dwelling Background Material: Recommendation Report: PD- 2007 -24 -and- Correspondence from Regional Niagara Public Health Department Correspondence from Regional Planning Development Department Correspondence from Ted Charlotte Kudlac and Rick Donna Mino Correspondence from Donna Bongers Correspondence from Chris Cristelli Correspondence from Brian Sinclair Public Meeting Zoning By -law Amendment Application, AM- 03/2007 5057 River Road Applicant: Robert Craig and Lesley Ann Dickson Proposed Cottage Rental Dwelling Background Material: Recommendation Report: PD- 2007 -22 -and- -2- PLANNING MATTERS PUBLIC MEETINGS Correspondence from Regional Niagara Planning Development Correspondence from Robert James Craig Public Meeting Zoning By -law Amendment Application, AM- 04/2007 4339 Bampfield Street Applicant: Robert Craig and Lesley Ann Dickson Proposed Cottage Rental Dwelling Background Material: Recommendation Report: PD- 2007 -23 -and- -3- Correspondence from Regional Niagara Planning Development Correspondence from Robert James Craig MAYOR'S REPORTS. ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Falls Lions Club Request to Proclaim the week of May 28, 2007 as "Niagara Falls Lions Club RECOMMENDATION: For the Approval of Council. 2. All Saints Church Request that the property be designated under the Ontario Heritage Act. RECOMMENDATION: Refer to the Municipal Heritage Committee and Staff come back with a report. 3. Downtown Board of Management Request that the 2007 -2010 Board of Management and 2007 budget be approved. RECOMMENDATION: For the Approval of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. 4 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, 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, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. BDD- 2007 -02 Aces and Aces 2007 Celebrity Golf Classic CD- 2007 -08 Notice of Default Financial Statements 2006 Municipal Elections L- 2007 -18 Permanently Close Union Avenue MW- 2007 -27 New Sidewalk Contract MW- 2007 -31 Tender #2007 -09 2007 Crack Sealing MW- 2007 -35 Grassy Brook West Area Detailed Design Consultant Fee Amendment BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -79 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Standing Prohibited) 2007 -80 A by -law to establish Parts 1 and 18 on Reference Plan 59R -6428 as a public highway, to be known as and to form part of Church's Lane 5 2007 -81 A by -law to authorize the execution of an Agreement with Norjohn Contracting and Paving Limited, respecting the 2007 City Wide Asphalt Patching Contract 2007 -82 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA #70) 2007 -83 A by -law to permanently close part of a highway (Union Ave) 2007 -84 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of April, 2007 NEW BUSINESS Recognizing Employee Excellence A program that recognizes excellence in performance and encourages excellence in the future. Recognizing Employee Excellence Recognizing Employee Excellence gives you the opportunity to recognize the actions of your coworkers, to improve our workplace and enhance our community. As employees of the City of Niagara Falls we are committed to providing the highest quality of services to all citizens of our City. This program lets us honour those who exemplify that commitment. What Determines Excellence? Exceptional performance on a consistent basis with minimal guidance. Results achieved are highly visible, measurable and significantly contribute to the success of the division. Demonstrates and models desired competencies very effectively for others. Results achieved are far superior to goals set. Objectives are exceeded or achieved at the highest level. Who Is Eligible? Every employee of the City of Niagara Falls who goes beyond the expectations of their job and demonstrates excellence in one area or project is eligible to be nominated! Nominations can be made for individuals or teams and must fall under the five Recognition Categories. Nominating an Employee All nominations require two nominators. Nomination forms can be found on the Bulletin Board System and the City's web site. Employees and /or members of the public can nominate a City employee. Send the completed form to Human Resources in a sealed envelope marked "Employee Excellence Nomination Rewarding Excellence All nominations will be reviewed and rewards determined by senior management. Employees will receive a letter of acknowledgement from the Chief Administrative Officer as well as a lump -sum payment. The employee may be given the option of converting all or part of their performance lump -sum payment to equivalent time off with pay. If the employee elects to take time off with pay, the time off must be taken prior to the end of the calendar year in which it was awarded, and cannot be carried over to the following year. Recognition Categories Leadership Employees who demonstrate an extraordinary level of effort or skill, and a dedication to enhancing programs, service delivery or work environment. Leaders encourage team work to achieve corporate goals and continually strive to improve communications, motivation, morale and a sense of commitment to the City and its customers. Champions the vision of the City, with language and actions that demonstrate enthusiasm. Leads through involvement and by example. Customer Service Employees who provide an exemplary level of customer service over and above their normal, day to day duties and responsibilities. Ensures excellent customer satisfaction (internal or external) through the development of programs and initiatives that address customer needs. Team Participation Employees whose dedication or outstanding contributions improve the quality of life and /or work within our City, or who willingly and enthusiastically volunteer to assist in extra curricular corporate activities. Innovation Employees who research or develop products, procedures or inventions that increase the efficiencies, minimize waste and eliminate duplication of customer services, contribute to significant cost savings, improve the quality of the workplace, or enhance the image of the City. Personal Achievement For achievement of specific goals or completion of project substantially beyond an employee's normal job requirements. Acquiring additional skills, academic qualifications, certification or training of significant benefit to the City, or leadership in a local, national or international professional organization that promotes the interests and image of the City of Niagara Falls. Employee Recognition Programs Recognizing Seniority and Retirement Employees are recognized annually for their years of service and retirement. Those who have worked for the City for 10 and 20 years receive a gift presented to them in the workplace by their Supervisor. Employees with 25, 30, 35 and 40 years of service and retirees receive a gift that is presented to them at the Employee Social Evening. Recognizing Perfect Attendance Employees are recognized annually for Perfect Attendance. In order to be eligible an employee must be full time with no use of sick time, unpaid sick time, compensation, maternity or paternity leave. Employees receive a letter and gift of appreciation from the Mayor and Chief Administrator. For More Information For more information regarding any of the Recognition Programs described in this brochure contact Human Resources, Holly Pemberton at extension 4279 or Brenda Maggs at extension 4236. Anna Morocco Re: Council Deputations From: Dean lorfida To: Cathy Crabbe Date: 2/23/2007 3:51:34 PM Subject: Re: Council Deputations The meeting is March 19th. I trust that works for Diane. Thanks Dean Cathy Crabbe 2/23/2007 3:33:29 PM Hello Dean: The Mayor met with Diane Corkum of Project S.H.A.R.E. yesterday for a wrap -up meeting to the Chili Cook -Off. We would like to have Diane at Council on March 16 for a quick deputation to present awards to each participating restaurant. Please confirm if this is possible. Also T a or met with Karen Stearne of Heart Niagara and we would like to have Karen as a deputation on o give an update on Heart Niagara (who they have partnered with, where they are located, what ey are offering the community now). Please confirm if this is possible. Thank you, Cathy CC: Anna Morocco; Ted Salci April 16, 2007 PD- 2007 -24 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJ7alls CANADA Re: PD- 2007 -24 AM- 43/2006, Zoning By -law Amendment Application 9268 Lundy's Lane Applicant: Kenneth Moore Agent: Chris Cristelli Proposed Cottage Rental Dwelling RECOMMENDATION: That Council approve the Zoning By -law amendment application to permit the existing dwelling on the land to be used for a cottage rental dwelling with no more than four (4) bedrooms. BACKGROUND: Kenneth Moore has requested an amendment to Zoning By -law No. 79 -200 for a 0.85 hectare (2.1 acre) parcel of land known as 9268 Lundy's Lane, as shown on Schedule 1. A single detached dwelling exists on the land. The applicant is requesting permission to use the dwelling as a cottage rental dwelling (rented to tourists for accommodation on a daily or weekly basis). A total of four rooms (three bedrooms on the second floor plus a converted foyer on the ground floor) is proposed to be used as bedrooms for occupants. Refer to Schedule 2 for the details of the property. The application was triggered by a complaint that the dwelling is already being used as a cottage rental dwelling. The land is currently zoned Agricultural (A). The A zoning is requested to be amended site specifically to permit the existing dwelling to be used as a cottage rental dwelling. Consideration of this application was deferred by Council at its March 5, 2007 meeting on the request of the applicant. In 2004, the applicant received approval fortwo other cottage rental dwellings located at 6241 and 6395 Garner Road. Although there are no active complaints with these properties, the City has received complaints in the past about the operation of these cottage rental dwellings, including noise and disruptive behaviour of the occupants and the number of occupants in these dwellings. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development April 16, 2007 2 PD- 2007 -24 Surrounding Land Uses The subject land is located outside of the urban boundary and has historically been used for rural residential purposes. The Niagara Falls Golf Course lies to the south of the land. The Campark camping resort lies to the north. A rural residential dwelling lies to the east, while land to the west is not developed. Circulation Comments Regional Municipality of Niagara City Clerk Building and By -law Services Municipal Works Regional Public Health Parks, Recreation Culture Fire Services Surrounding Landowners /Residents The Regional Policy Plan permits small -scale secondary uses, such as bed and breakfast accommodations, where they are compatible with the surrounding agricultural uses. Regional Planning staff is not opposed to the use of this dwelling as a cottage rental dwelling. However, Regional Planning staff has expressed some concerns with recognizing cottage rental dwellings through rezoning as it appears to introduce a use that is not specifically recognized in the Official Plan. The cottage rental dwelling is required to be licensed under the City Licensing By -law. No comments, provided existing dwelling is not subdivided into additional dwelling units. No objections or parking and traffic concerns. No objections. Verification of the adequacy of the existing sewage system to accommodate sewage from the cottage rental dwelling will be done under normal Public Health processes. No comments. No objections. Two letters have been submitted noting concerns with the application. Concerns about the operation of the applicant's existing cottage rental dwellings, including noise and disruptive behavior of the guests, have also been expressed. Three letters supporting the application were also submitted by adjacent landowners. April 16, 2007 3 PD- 2007 -24 Planning Analysis 1. The proposal complies with the intent and purpose of the Official Plan. The land is designated Good General Agriculture by the Official Plan. While lands in Good General Agriculture areas are primarily intended for agricultural, forestry and conservation purposes, bed and breakfast accommodations may be permitted in existing residences. Bed and breakfast accommodations are to be carefully regulated through a Zoning By -law amendment as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to ensure that the private sewage disposal system can accommodate the increased sewage loading. The proposed cottage rental dwelling conforms to the Official Plan as follows: A cottage rental dwelling is an alternate form of accommodation similar in scale and use to the bed and breakfast accommodations contemplated by the Official Plan. Provided the use is limited to four bedrooms, the cottage rental dwelling will be at a scale compatible with surrounding uses. The dwelling will continue to be used for housing; the only difference being the occupancy will be of short duration. There are no external changes proposed to the dwelling, therefore, its residential character will be maintained. The use of the dwelling as a cottage rental dwelling will not impact existing farm operations as agricultural lands are well removed. This use complies with the Minimum Distance Separation formula, as set out by the Ministry of Agriculture, Food and Rural Affairs, for setback from agricultural operations. The cottage rental dwelling is located in close proximity to tourist and recreational uses such as Niagara Falls Golf Course. The dwelling to the east of the subject land is well separated from the proposed use and is not expected to be impacted provided Noise and Property Standards By -laws are adhered to. 2. The requested zoning amendment is appropriate. The A zoning of the property permits the existing single detached dwelling on lots of record that are 0.4 hectares (1 acre) in size with a frontage of 30 metres (100 feet). No expansion of the existing dwelling is proposed. The requested amendment would add a cottage rental dwelling as an additional permitted use. Although the land use aspects of this application are acceptable, the City has received complaints about the noise generated and the behavior of the occupants in the applicant's other cottage rental dwellings. Although occupancy cannot be directly controlled by the Zoning By -law, occupancy can be controlled through the City's Property Standards By -law and the Ontario Building Code, which limits occupancy to two (2) persons per bedroom, similar to April 16, 2007 4 PD- 2007 -24 that of other recently approved cottage rental dwellings. To ensure the use is kept at a level compatible with surrounding residences and consistent with the scale of bed and breakfast establishments, the cottage rental dwelling should be limited to the existing dwelling, to four (4) bedrooms with no expansion permitted. To further assure this occupancy is limited, Council may wish to consider a limitation on occupancy through the licensing by -law. CONCLUSION: 1. The requested amendment to permit the cottage rental dwelling within the existing property can be supported for the following reasons: The use is similar to a bed and breakfast establishment which is permitted under the Agricultural designation. The use will be complementary to surrounding tourist commercial and open space uses and is well set back from nearby dwellings. 2. Provided the cottage rental dwelling is limited to the existing dwelling and to four (4) bedrooms, the use will be compatible with surrounding properties. Recommended by: Respectfully submitted: Attach. A. Brycelcb S:1PDR120071PD- 2007 -24, AM-43 -2006, 9268 Lundy's Lane Cottage Rental Dwelling.wpd Doug Darbyson, Director of Planning Development ohn MacDonald, CI3(ef Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP Location: Applicant: 9268 Lundy's Lane Kenneth Moore Amending Zoning By -law No. 79 -200 S Scale: I:NTS AM- 43/2006 1/25/2007 2:04:24 PM SCHEDULE 2 03/28/07 09:06 FAX 905 641 4994 PUBLIC HEALTH INSP. Niagara 'Si Region PUBLIC HEALTH DR. ROSIN WILLIAMS Medical Officer of Health El Main Office 22015t David's Rd. Campbell East Thorold, ON Phone: 905 688 -3762 1- 800 283 -7246 Floc 905- 652 -3901 Mettles Address. P.O. Box 1052, Station Main Thorold, ON 12V OAZ Branch Offices o Nlagare Falls 5710 Kitchener Street Niagara Falls, ON 116101 Phone: 905. 3564538 Fax: 905-356-7377 o Sexual Health Centre Phone: 906-358-3636 Fax 905.356 -2717 o Welland 640 King Street Weiland. ON-L36 3L1 Phone: 905 735-5697 Fax: 905. 735 -4896 o Sexual Health Centre Phone: 905-734-1014 Fax: 905- 734.1770 o Fort Erie 43 Hagey Street Fort Erie, ON L2A 1W4 Phone: 905-871-6513 Fax: 905- 871.3020 o Sexual Health Centre Phone: 905- 871.6513 Fax: 905 571 -3020 c St Catharines Sexual Health Centre 277 Welland Avenue St. Catharines, ON L2R 2P7 Phone: 905 6883817 1- 800- 263.5757 Fax: 905-688-6063 o Emergency Services Division 509 Glendale Avenue East SS 4 Niagara on the Lake, ON LOS 1.10 Phone: 905-641 -2218 Fax: 905- 688 -5079 o Community Mental Health 3550 Schmon Parkway Unit 2, Second Floor PO Box 1042 Thorold. ON 12V 417 Phone: 905 -688 -2854 Fax: 905-684-9798 An Accredited Public Health Department www.reaional.niaq, March 27, 2007 Andrew Bryce, Planner 2 City of Niagara Falls 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Bryce. RE: AM -43 /2006, Zoning By -law Amendment Application Kenneth Moore, 9268 Lundy's Lane Proposed Cottage Rental Dwelling An inspection of the property was made on March 22, 2007. An area to the rear of the dwelling appears to contain the sewage disposal system which appears to have malfunctioned. This department offers no objection to the proposed amendment subject to the applicant verifying the existing sewage system is capable of accommodating sewage disposal waste from the proposed dwelling. If the sewage disposal system is not capable of accommodating the waste, a new sewage system must be constructed in accordance with current regulations under the Ontario Building Code. Please contact this office if you require further information. Yours truly, Alphie Wolf, CPHI(C) FOR: Robin Williams, MD, DPH, FRCP(C) MEDICAL OFFICER OF HEALTH /vd cc Kenneth Moore Building Community. Building Lives. Q002/002 Andrew B e Moore, 9 •8 and 's Lane, i t ia•ara Falls Pate 1 f f PIaMne Am 43 /2b0s From: "Wolf, Alphie" aphie .wolfgregional.niagara.on.ca F To: <abryce ©niagarafalls.ca> Gf 2 tt 7 Date: 3/29/2007 4:20 PM Subject: K. Moore, 9268 Lundy's Lane, Niagara Falls As per our discussion on March 29, 2007, this department offers no adverse comments to the Zoning By -law Amendment Application if approved without conditions. This department will be meeting Mr. Moore and will be monitoring the tile bed to ensure It works properly. If problems occur with the bed, Mr. Moore has assured me that the situation will be immediately corrected. This department will be in a position to prohibit occupancy of the dwelling if the sewage system fails and is not immediately corrected. Alphie Wolf, CPHI(C) Public Health Inspector Health Protection Promotion Niagara Region Public Health Department 2201 St. David's Road East, Campbell East Thorold, Ontario Tel: 905 -688 -3762 7215 Toll Free: 1- 800 263 -7248 Fax: 905 -641 -4994 www.regional.niagara.on.ca Mailing address: Niagara Region Public Health Department P.O. Box 1052, Station Main ThoroId, ON L2V 0A2 Building Community. Building Lives. cia RECEIVED MAR 3 0 2001 PLANNING DEVELOPMENT Niagara et Region PLANNING AND DEVELOPMENT February 20, 2007 Mr. Andrew Bryce Planner 2 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: RE: Zoning By -Law Amendment Application 9268 Lundy's Lane Proposed Cottage Rental Dwelling Your File: AM 43/2006 City of Niagara Falls KEbiUNAL rLANNING No, 9260 P. Building Community. Building Lives. The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905-984-3030 Fax; 905- 641 -5208 E -mail: plan @regionatniagara.on.ca File: D.10.M.11.23 This application proposes an amendment to the City's Zoning By Law to permit an existing dwelling to be used as a "cottage rental dwelling" on lands located outside of the City's Urban Area. The following Provincial and Regional comments are provided for your consideration. The property is designated as a Good General Agricultural Area in the Regional Policy Plan. Provincial and Regional agricultural policies restrict non -farm development. This has been further emphasized in the recent Provincial Growth Plan which directs urban uses to approved settlement areas. Small scale secondary uses (i.e. home occupations) that support the agricultural industry may be permitted where they are compatible with the surrounding agricultural area. More specifically, the Regional Policy Plan permits secondary uses such as home occupations for bed and breakfast establishments in existing residences for up to six guest rooms. Other forms of tourist accommodations such as hotels, motels and inns are not permitted. A dwelling may be permitted on an existing lot or farm parcel outside of the Urban Area. It should also be pointed out that the Planning Act prohibits regulating land use based on relationship (i.e. family) where occupants are renting on the basis of a "single housekeeping unit The proposed "cottage rental dwelling° will offer accommodations for visitors within an existing home and essentially function as a single housekeeping unit. On this basis, Regional Planning staff is not opposed to an existing dwelling being rented to visitors in the agricultural area where the residential character of the residence is maintained. However, we are concerned that the City's requirement for a Zoning By -law amendment appears to introduce a new use that may not be addressed in the City's Official Plan. This raises further questions with conformity to Provincial and Regional Agricultural policies. Through our discussion with City staff on this matter, we understand that the City has had some problems with dwellings being rented on a short term basis (I.e. visitors for less than a month). The problems experienced are generally related to the conduct of occupants. `eiI VED FEB 2 1 2007 PLANNING DEVELOPMENT 1 "M handled better through more active enforcement of other laws related to noise, property standards or criminal conduct. In closing, Regional Planning staff has some concems with this application from a Provincial and Regional planning perspective. Please send notice of Council's decision when it is available. Yours truly, CL Peter Colosimo, MCIP, RPP Senior Planner C: Councillor W. Smeaton D. Darbyson, City of Niagara Falls 8. Stevens, Regional Public Works REGIONAL PLANNING No. 9260 P. 2 2 M;VASWORD\PQNIagara FaIls\Ltr- A Bryee 9268 Lundys Lane -Jan 28 07,doo Doug Darbyson Director of Planning Development City of Niagara Falls RE: /AM- 43/2006 Dear Mr. Darbyson, Mayor Salci and Councillors, First, we would like to thank the Planning Department for getting the public meeting notice City File AM- 43/2006 to us even though we were past the 400 ft. limit. It was nice to see that they took our vested interest in these cottage rentals into consideration. In 2004 Council approved that, two single detached homes which were operating illegally as rented cottages would be legalized against the wishes of some of the residents on Gamer Rd. We had felt first hand, the adverse effects that these dwellings and the patrons were having on our neighborhood. We explained out plight to council but to no avail. There have been many building additions and improvements on those properties since 2004 without Ken Moore obtaining any permits or approvals. Also for the newer council members please keep in mind that this specific re- zoning that Ken Moore is requesting is after the fact as this cottage rental has been in operations since early 2006. In the spring of 2006 I reported to City Hall that Ken Moore had opened up a third cottage rental illegally and instead of it being checked out, I was told by City staff that he bought the house for his son and his son has lots of friends and that I should get some proof. Well I got the proof when Ken Moore placed an article in the Fore Golfer's Magazine in September about the success of his third cottage rental. I reported this information back to Council and to City Hall. Ken Moore was told by the city to cease operations of the new cottage rental. Here we are now in 2007 and Ken Moore is finally doing the legal and right thing by making a zoning by -law amendment application. But do we want another cottage rental? No! I just want to tell you what it is like around here now since 2004 with the other two rentals and the effect the third rental had last stunner. These Cottages accommodate up to 28 people with 3 bathrooms. They cater mostly to men as these types of accommodations are not what women prefer. Large groups of men come and stay at the houses and party. These same men come to our neighborhood to do things they would never allow in their own neighborhoods. The Sundowner, Seductions and many massage parlors are within walking distances to these cottages. Sometimes during the week and always on the weekends large groups of men staying at the cottages descend down our street at various hours, day or night to head for these clubs. They have drinks in hand tossing their empties wherever they feel like it. Many a morning we have to go outside and clean up all the glasses and empty beer bottles on our lawns and when you look down the street the mailbox on the corner has dozens of empties on top of it. When the night clubs close these men head back down Garner Road and make a lot of noise. They have no regard for the people who are sleeping they just scream and yell as much as they like. They don't all come back at once. They come back in smaller packs and each group wakes you up. We have seen the same hookers that were standing out on Lundy's Lane the night before coming from these houses in the mornings. There is no one controlling the groups that are renting these cottages or what goes on within them. They puked on our lawns, tried to get into the wrong houses and had fights right in front of our homes. We have even seen them drive golf carts to the sundowner which is illegal. The golf course has no control over these patrons. City Hall advised us to call the police about the noise issues but the police just get upset with us because the people will be gone by the time they get there. It is very frustrating. This brings us to the summer of 2006. The third house is in full swing. The patrons have large parties in the back yard till all hours of the night. It is loud enough to wake us up. When groups rent the houses and the guests are split up between the houses on Gamer Road and the house on Lundy's lane they keep walking back and forth either along Garner Road or they cut across the driving range behind the house to be with their friends. We do not want this. In fact NFGC should be forced to offer rides to the clubs for these patrons so that we can enjoy the quiet and comfort of our on homes again. The Mino's have young children who have to listen to the obscenities coming out of the mouths of the patrons of these cottages. There is also a safety concern for the patrons you should consider. Some of the patrons get very drunk. Garner Road is a quiet street but Lundy's Lane is not. Lundy's Lane does not have any sidewalks from the house in the application on Lundy's Lane to the Sundowner. These patrons will be walking on the road or on the curb back and forth to the clubs. Being drunk they could stumble and fall into on- coming traffic. There have been many pedestrian deaths in the area of Garner Roan and Lundy's Lane over the last 20 years. The speed limit in that area is just going from 80 to 60. In PD- 2004 -03, Zoning By -law amendment application AM- 43/2003 it states that Cottage Rental Dwellings are detached dwellings that are rented to the trave ling public for periods of less than 28 days. Why then have the both houses on Garner Road had permanent tenants all winter. They are not following the by -laws with their current two cottage rentals. Ken Moore does not follow the laws or the rules of the City. We are asking you to carefully go through Mr. Moore's practices of the past and take that into consideration when making your decision. Also please take into consideration what the residents of Garner Road are going through with the current conditions. We do deserve the quiet and enjoyment of our homes. This has been impossible for 5 years now. Also please consider the campers enjoyment at the trailer park across the road from that house and the safety of the patrons who party too much. Thank you Rick Donna Mine Ted and Charlotte Kudlac 4/1 Q/2007) Cindy Brao Page 1 From: "Donna Bongers" <donna.bongers @gmail.com> To: <ddarbyson©niagarafalis.ca> Date: 2/23/2007 9:58 AM Good morning, I am writing in regards to the proposed zoning of 9268 Lundy's Lane By Law no. 79 -200. I received a copy of an e-mail which was sent to Donna Mino on Feb. 21/07 by Andrew Bryce. I understand that because we are not within 400 feet that our opinion on this matter is of no concern, however I would still like them to be taken into consideration. My husband and myself have lived at the address of 6104 Garner road for a little over two years, on numerous occasions I have seen intoxicated people from the cabins in which is be rented out by the golf coarse walking back and fourth from their cabins to the Strip clubs, they walk freely with beer ,voda coolers, and many alcoholic bottles in their possession, constantly I am cleaning up these bottles which have been thrown onto our front lawn and into our ditches, last spring it took us over three hours to clean up our side of Gamer Rd from our house to the stop sign. I had over four large clear recycling bags of alcohol containers and eight bags of garbage. You can always tell when last call has been given at strip clubs with out looking at the clock from all the yelling and screaming from the people making their way back to their cabins. I am writing this letter not to disagree with the amending by-law of the above Lundy's Lane address but to bring attention to the very serious issues that come along with it Regards Donna Bongers RECEIVED APR 10 2067 PLANNING DEVELOPMENT ,r�nna IVIOr ucco- r e. AM- 4d /GUUb C ,ouncil Meetin. submission Page 1 From: Andrew Bryce To: Anna Morocco; Dean lorfida Date: 2/23/2007 11:47:56 AM Subject: Re. AM- 43/2006 Council Meeting submission. Please add the following submission to the Council Agenda for March 5. Regards, Andrew "Donna Bongers" <donna.bongers @gmail.com> 2/23/2007 9:57 AM Good moming, I am writing in regards to the proposed zoning of 9268 Lundy's Lane By Law no. 79 -200.1 received a copy of an e-mail which was sent to Donna Mino on Feb. 21/07 by Andrew Bryce.I understand that because we are not within 400 feet that our opinion on this matter is of no concern, however I would still like them to be taken into consideration. My husband and myself have lived at the address of 6104 Garner road for a little over two years, on numerous occasions I have seen intoxicated people from the cabins in which is be rented out by the golf coarse walking back and fourth from their cabins to the Strip clubs, they walk freely with beer ,voda coolers, and many alcoholic bottles in their possession, constantly I am cleaning up these bottles which have been thrown onto our front lawn and into our ditches, last spring it took us over three hours to clean up our side of Garner Rd from our house to the stop sign. I had over four large clear recycling bags of alcohol containers and eight bags of garbage. You can always tell when last call has been given at strip clubs with out looking at the clock from all the yelling and screaming from the people making their way back to their cabins I am writing this letter not to disagree with the amending by -law of the above Lundy's Lane address but to bring attention to the very serious issues that come along with it RegardsDonna Bongers ...Donna Attention: q) 1 J ENCLOSED/TRANSMIT' /MEMO cA IL's &LC J J; 'CLA-tEi G VI 1 To: Chris.Cr telli Assoc. Inc. Per: Chris Cristellr MAATO CRISTET ,1 1' ASSOCIATES INC. Date: From: project: AM.- ,t 2 alt(44 in Re: Sent by: Mail Courier Facs %Hand. No. of Pages: RECEIVED MAR 0 12007. PLANNING: &:.DEVELOPMENT' 4t& 4 /4. Review with corrections and comments as noted. For use in connection with the work on the above pro UHL l5( /$7 L) v cw' "0 1,:o tttr� v 7 ,J c4-4_ -e (4cu a orLipAL. 0-f r r l !gn Coosul:a;icn r:oject ec- ord.natl)v A Ka -Lit t t CI; L;t/iL ti;'/Q w r' 1 t f c 9GUN.( For your approval and cor,.ments. Please return copies A.S:A.P. 6255 Pinegrcve Niagara Fai's, Ontario L23 4J1 905474-2083 chr. arv`1 2007 Ptense accept this correspondence as my letter of aupport for the cottage dwelling rezoning of (j268 Lundy's Lana. 1 ovrn the Kingsway Motel east of the above property: 12.Lspeetf,4l1y submitted. Name Signature: Addre.s: t;988 LtshdyThil Niagara Falls, 'Y J telephone: 905-354-5297 I cbruary 1, 2007 Please decept this cot respo ndence its my letter of suprort lbr tlxe Cottage dwellitig rezoning of 92GS Lundv's Lane I live immediately east of the above property. l:espcct'rully sphmitted., Name: Addre�s 9 Lundv's I.:;ne Niagara Pills, ON Telephouc: 905-354-'61:197- February 1, 2007 Plea e ;irc,pt this correspondence us my letter of support for the cottage dwelling rezoning of 9265 1 unJ, 's Lane. 1 am the 14rer uf Can :pa k Resorts, 9387 Lutndy's Lane. directlynorth of the ahovc property. Respectfully submitted: Nwne: Signature: Address: Telephone: 905 355 -3n?3 (r 9387 Lunde's Lane Niag.ru Falls, ON Sat vc, Pedestrian Struck By Vehicle Between Here And SUndowner Taxi's From Sundowner For The eost;:if A Beer In4MI<j ►i�1ttl�lliClt7� WARNING NOISE AFTER 11 PM WILL NOT BE TOLERATED. POLICE WILL BE CALLED TO ENFORCE THE BY -LAW Thank -You For Your co- operation OISE AFTER 11 PM WILL NOTBE TOLERATED. POLICE WILL BE CALLED TO ENfORCE .THE BY -LAW Thank -You For Your co- operation Apr -10-07 11:28am From -Brian Sinclair QC BRIAN SINCLAIR PROFESSIONAL CORPORATION/ -15 BRIAN N. SINCLAIR, Q.C. Barrister Solicitor 6817 Drummond Road, Niagara Falls, Ontario April 10, 2007 SENT BY FAX AND MAIL Mr. Ken Mech Manager of Current Planning Corporate Services Department City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 C Vit- 1.2G 2G 4N4 S Gb TEL: (905) 356-7755 FAX: (905) 356 -7772 Dear Sir: RE: AM- 43/2006, zoning By -law Amendment Application 9268 Lundy's Lan* Proposed use of Existing Dwelling as Cottage Rental Dwelling Ken Moore Further to my letter dated February 5, 2007, in which I sent you letters supporting the above application, I enclosed herewith two additional letters supporting the said application. I would request that you make sure all the councillors have copies of these letters for the next meeting on April 16, 2007. These letters are from immediate neighbours on Garner Road, to the present rezoned cottage rental dwellings, which certainly offset the previous negative letters that you have. BS /rd Encl. Yours faithfully, BRIAN SINCLAIR PROFESSIONAL CORPORATION +8058667772 1-846 P.001/004 F -085 RECEIVED APR 10 2007 PLANNING DEVELOPMENT 6 Apr -10 -0T 11:2Bam From-Brian Sinclair QC Mr. Peter Also 8051 Gamer Rd. Niagara Falls, Ontario L2E 894 March 31, 2007 To Whom it may concern: 1 reside on Garner Road next door to the north of the Mina's and the Kudlac's. 1 would like to inform council that 1 have no objection to the Cottage Dwelling rezoning at 92268L�roLane There are g proper 10 acres of land between myself and posed re- The existing cottage dwellings located at 6241 and 6395 Gamer Rd. have posed no noise or overcrowding situations that have effected our neighborhood. The new subdivision going in across the street, east of Gamer road, will create more noise and traffic than the Golf Course ever has in the past. The mud conditions along Gamer Road are now much worse than the Niagara Falls driving range construction. With the constriction of the driving range behind our house my family has been able to enjoy our yard because the mosquito infest has been eliminated. It has even allowed my neighbors, the Minos, to put in a backyard pool since the range was completed. The Golf Club is also Installing additional safety netting. 1 would also like to thank Niagara Falls Golf Club for providing the City of Niagara Fails with an easement to eliminate the 30 year flood situation on Gamer Rd. I would like to recommend to City Council that the Cottage Dwelling re- tuning at 9268 Lundy* Lane be approved because Niagara Falls Golf Club continues to be a good neighbor and community supporter. Respectfully submitted, Mr. Peter Also 1 +905856TTT2 T-848 P.002/004 F-085 Apr -10 -0T 11:28am Fram-Brian Sinclair QC Mr. Daniel Beauchamp 6412 Garner ltd. Niagara Falls, Ontario L2E 6S4 April 3, 2007 +0053587772 T -846 P.003/004 F-085 To Whom it may concern: I reside at 6412 Garner Road directly across the street from the Niagara Falls Golf Club cottage dwelling at 6395 Garner Rd. The residence is a daytime and evening gathering place for the league members and guests of the club. On different league nights, guests are playing horseshoes outside and mingling on the rear patios. The patios are located on the west side of the house and with the cottage door self closures we are noise free. On some occasions guests will walk past my house to the casino shuttle on the corner of Lundy's Lane and Garner Rd or to contimre on to one of the motels. We have had no noise concerns as many oftbe guests use cabs as encouraged by Niagara Falls Golf Club. Signs are also posted at each cottage to remind then of the neighborhood noise concerns. Niagara Falls Golf Club also has noise preventative and no smoking signs throughout the cottages. Occupation of the residence minimizes potential burglar problems and gives us a comfort zone that someone else is residing in our remote neighborhood. The Kudlac's and the Mino's live over 1000' from nay house and there are 10 acres of land between them and the proposed cottage dwelling at 9268 Lundy's Lane. I am sure that the noise in the 3 or 4 month golf season is less than the development noise directly across the street from the Kudlac's and the Mino's as well as my back yard. Three hundred and fifty residences being constructed will definitely create year round noise as shift workers and casino workers come and go through the night. Gamer Road is now a bus route and will contribute to construction noise These are growing pains! Myself and my family have no concerns residing 50' from the existing cottage dwelling. We would lilce to commend Niagara Falls Golf Club and their staff for the "Five Star' maintenance and landscaping we see from our kitchen window. Apr -10 -O7 11:2Bam From -Brian Sinclair QC The present subdivision construction mud on Garner ltd. is much worse than it was when the neighbors complained when Niagara Falls Golf Club was building their driving range. I ask, have there been any complaints from the neighbors recently? Gamer Road is worse now than it was back then. I understand Niagara Falls Golf Club has given the City of Niagara Falls an easement opportunity to eliminate the unsafe flood conditions in front of the Kudlac's and the Mino's residences. This will definitely benefit the entire neighborhood and I commend Niagara Falls Golf Club in assisting the neighborhood with this problem. As a small business owner myself, Niagara Falls Golf Club creates employment and is constantly supporting community fund-raisers. The Golf Club has been there longer than myself and most of the neighbors; the Kudlac's being the previous owners. I encourage council to support the application for re- zoning. Visitors to our city will have the option of staying at a quaint "Cottage dwelling" on a golf course. Mr. Daniel Beauchamp +9063687772 T-348 P.004/004 F-086 14 February 2007 BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario Mr. Ken Mech Manager of Current Planning Corporate Services Department City of Niagara Falls F.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario 2E 6X5 Dear Sir: TEL: (905) 356 -7755 FAX: (905) 356 -7772 Re: AM- 43/2006, Zoning By -law Amendment Application 9268 Lundy's Lane Proposed Use of Existing Dwelling as Cottage Rental Dwelling Ken Moore !w, Planning C Scanned f &-I to File. L-cv. r M V; connection with the above matter, I wish to advise that I would Like to make a brief presentation at the public meeting of Council to be held on March 5, 2007. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION Es. EI vrm /0, ,Acci NN■ti' C Q.C. BNS /ab Le 35 February 2007 C f x. Planning Scanned b7 Fde: L r- AM t(3ke,C4; BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN R. SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario Mr. Ken Mech Manager of Current Planning Corporate Services Department City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Ken: TEL: (905) 356 -7755 FAX: (905) 356 -7772 Re: AM- 43/2006, Zoning By -law Amendment Application 9268 Lundy's Lane Proposed Use of Existing Dwelling as Cottage Rental Dwelling Ken Moore In connection with the above matter, enclosed please find letters of support from Campark Resorts (which is directly across the street, 3loria Rysdale (who is immediately next door) and Kingsway Motel (also neighbour next door) supporting this application. I am also enclosing three extra copies of these letters and would request that you make sure that all of the aldermen have a copy of these for the next meeting on March 5, 2007. Thanking you in advance for your cooperation. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION Bri BNS /ab Enclosures RECEIVED FEB 0 3 2:37 PLANNING DEVELOPMENT February 1, 2007 Please accept this correspondence as my letter of support for the cottage dwelling rezoning of 9268 Lundy's Lane. 1 am the owner of Campark Resorts, 9387 Lundy's Lane, directly north of the above property. Respectfully submitted. Name: Signature: Address: 9387 Lundy's Lane Niagara Falls, ON Telephone: 905- 358 -3873 February 1, 2007 Please accept this correspondence as my letter of support for the cottage dwelling rezoning of 9268 Lundy's Lane. I live immediately east of the above property. Respectfully submitted. Name: ftL Cc' Signature: 6. e' ti /7 A +tL Address: 9208 Lundy's Lane Niagara Falls, ON Telephone: 905-3544 MM L'J /7 February 1, 2007 Please accept this correspondence as my letter of support for the cottage dwelling rezoning of 9268 Lundy's Lane. I own the Kingsway Motel east of the above property, Respectfully submitted. Name: Signature: Address: Telephone: 8988'Lgnd Niagara Falls 905- 354 -5297 April 16, 2007 PD- 2007 -22 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagaraaaaaaaJalIs CANADA Re: PD- 2007 -22 Zoning By -law Amendment Application AM- 0312007, 5057 River Road Applicant: Robert Craig and Lesley Ann Dickson Proposed Cottage Rental Dwelling 1. That Council approve the Zoning By -law amendment application to permit the existing dwelling to be used for a cottage rental dwelling, but limit the number of bedrooms to no more than four (4) bedrooms. 2. That prior to the passage of the amending by -law, the applicant undertakes a fire safety inspection to the satisfaction of Fire Services. BACKGROUND: Robert Craig and Lesley Ann Dickson have requested an amendment to Zoning By -law No. 79 -200 fora 1,214 square metre (13,000 square foot) parcel of land known as 5057 River Road, as shown on Schedule 1. A single detached dwelling exists on the land. The applicant proposes to use the existing dwelling as a cottage rental dwelling (rented to tourists for accommodation on a daily or weekly basis). A total of six (6) bedrooms (four (4) bedrooms on the ground floor, two (2) bedrooms in the basement) are proposed. Refer to Schedule 2 for the details of the property. The land is currently zoned Residential Single Family and Two Family 2 (R2 -2) with special zoning provisions that would allow the dwelling to be used for bed and breakfast accommodations. The R2 -2 zoning is requested to be amended site specifically to permit the existing dwelling to be used as a cottage rental dwelling. Over the past several years, City Council has experienced a growing number of applications to convert single family homes into cottage rental dwellings. Cottage rental dwellings are a form of tourist.aecommodation similar in nature and scale to bed and breakfast accommodation ,g; ere bed and breakfasts are typically owner occupied homes providing overnl._ accommodations and prepared breakfasts cottage rental 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development April 16, 2007 2 PD- 2007 -22 dwellings are complete residences rented out to small groups of travellers with kitchen facilities available for the preparation of meals. Surrounding Land Uses The surrounding residential community consists of predominately single detached dwellings. There is a significant concentration of bed and breakfast establishments in the area, including the two properties to the south of the subject land. Circulation Comments Regional Municipality of Niagara The proposed cottage rental dwelling will provide an alternative form of accommodation for tourists, similar to a bed and breakfast establishment. Regional Planning staff has no concerns from a Provincial and Regional planning perspective. Municipal Works No objections provided sufficient parking is provided in accordance with the dimensions stipulated in the zoning by -law. Fire Services No objections to the use. A fire safety inspection is required in order to determine its current fire safety status, prior to the operation of the cottage rental dwelling. City Clerk The cottage rental dwelling is required to be licensed under the City Licensing By -law. Parks, Recreation and Culture No objections. Planning Analysis 1. The proposal complies with the intent and the purpose of the Official Plan. The land is designated Residential in the Official Plan. Residential dwellings are intended to be the predominant use. The land is located in an area known as the River Road Satellite District where bed and breakfast accommodations with up to four bedrooms for guests are permitted. Cottage rental dwellings have been permitted in the District where they have been considered compatible with the surrounding neighbourhood. April 16, 2007 3 PD- 2007 -22 The proposed cottage rental dwelling conforms to the Official Plan as follows: CONCLUSION: A cottage rental dwelling is an alternative form of accommodation similar in scale to the bed and breakfast accommodations contemplated by the Official Plan for this area. The dwelling will continue to be used for housing; the only difference being the occupancy will be of a short duration. There are no changes proposed to the dwelling or the property, therefore, the residential character of the property will be maintained. The cottage rental dwelling is not expected to generate any more traffic than a single detached dwelling. Provided the number of bedrooms in the dwelling is limited to four, the use of the dwelling as a cottage rental dwelling will be compatible with the surrounding residences. In the past three years, Council has approved several cottage rental dwellings in this neighbourhood. Given the special policies in the Official Plan and the area's proximity to tourist districts, a moderate concentration of small -scale tourist accommodations is acceptable for this area. Staff will continue to monitor the development of cottage rental dwellings to ensure that excessive concentrations do not impact the residential character of the neighborhood. 2. The requested zoning is appropriate. The current R2 -2 zoning of the property applies to the entire area between Palmer Avenue and River Road, from Hiram Street to Morrison Street. Bed and breakfast establishments with up to four bedrooms for guests are permitted as-of -right in this area. Similar to the guest rooms of a bed and breakfast, the cottage rental dwelling will be rented out on a short term basis to a small group of travellers. To ensure the use of the cottage rental dwelling is kept at a level compatible with surrounding residences and consistent with the scale of bed and breakfast establishments, it is recommended that the number of bedrooms be limited to four. This will mean the two bedrooms in the basement could not be used for accommodating additional guests. The applicant has indicated he accepts this modification. To ensure fire safety, the fire safety inspection required by Fire Services should be completed prior to passage of the amending by -law. The requested amendment to permit the existing dwelling to be used as a cottage rental dwelling can be supported for the following reasons: 1. The use complies with the Official Plan as it is in an area where small -scale April 16, 2007 4 PD- 2007 -22 accommodations may be permitted. The use is of a residential nature and is similar in scale to uses contemplated in the surrounding neighbourhood. 2. The use is similar to a bed and breakfast, which is already permitted. 3. Provided the cottage rental dwelling is limited to four bedrooms, the use will be compatible with abutting properties. Recommended by: Respectfully submitted: Attach. A. Bryce /cb o MacDonald, Chief Administrative Officer S: \PDR\2007\PD- 2007 -22, AM -03 -2007. Proposed Cottage Rental Dwelling.wpd Doug Darbyson, Director of Planning Development Location: Applicant: Subject Land 5057 River Rd SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 Robert Craig and Leslie Ann Dickson Scale: 1:NTS AM- 03/2007 3/8/2007 3:20:04 PM QC c _4t. GIVER ROA° SCHEDULE 2 1W.. ENyts 120 Sandmen Road Phoning dbpailmwd Belfast_ 875 rGX Ni gene Fatly cr that Northern Meant 5 th April, 2007 Dior ft Bryce MMh regards to my rearming applicallons for 5057 River Road and 4339 BampRsW Steer* Niagara Fills before conga on April 11, 200 Unfortunately, due to fey dret asarces 1 will not be in a position to personally Sand the Pubic meeting on the 1510 Apr 2007. MY. Nairn Richard and 1&a. Trudy Richard NMI be attending the meat ng on my befall as my repnasentailres. I understand PMsmbW have no objections to the application but wish to restrict the number of bedrooms at5057 River Rood to4 only. 1M racceptthatreshlctioa Mr. and Mrs. Richard wW be in a position to answer any questions as they manage the properties during sty absence. In the unlikely went otany gentians being raised Met etr and Mrs. Richard cannot anew to councils satisfaction, I would ask that the apptcation be deferred until May when l retam to Niagara from bertnd l apologias for not /ming M a posIdon to Nand the mating personally. Yours faithfully .lames Craig -J Plaming Scanned FlIe: /WI 0S/2_007 Y /7-0 C U4 RECEIVED APR 0 5 2007 PLANNING DEVELOPMENT 05roaia007 TO 39Vd SAt1QI1OH Al21f10HHETEN 899Z9606830 6E:80 6661/T01L0 PLANNING AND DEVELOPMENT ■ra,JNAii rLANN1N6 Niagara WE Region February 9, 2007 Fil D.10.M.11.23 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Application 5057 River Road Robert James Craig City of Niagara Falls Your File: AM -0312007 This application proposes to permit an existing dwelling to be used as a cottage rental dwelling. The following Provincial and Regional planning comments are provided for your consideration. The site is located in the Region's Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A wide range of land uses are permitted in Urban Areas to meet the needs of each community. The proposed cottage rental dwelling will provide an alternative form of accommodation for tourists, similar to a bed and breakfast establishment. Regional Planning staff has no concems with this application from a Provincial and Regional planning perspective. Please send notice of City Council's decision on this application. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner c: D. Darbyson, City of Niagara Falls M:MSWORD\PCWIagara FalIMNFablIMOSTRiverRd Craig.dcc Arm -0 Building Community. Building Lives. Planning Scanned File. No. 9165 P. 1 C (1244C-1 nal Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 -984 -3630 Fax 905641 5206 E piano regional.niagara.on.ca RECEIVED FE3092007 PLANNING DEVELOPMENT Dan aryce 1 apologise for not being In a position to attend the mew personally. TO 3SVd I File C Q I M-.A Bryce 120 &endow Road Planning department Bed an eGx NRgara Falls CIMHet Northam Ireland. 6 lh Apri4 2007 WWI mgsnfs to my mwoning applications for 8057 River Road and 4339 BaampfetdStreet Niagara Pails before council on April 1R 2000. Unfortunately, due to fray orncumstances l will not be in a posllion to personally attend the Pubic meeting on the 16th Apr4 2007. A6: Norm Richard and Ads. Trudy Richard he atWnarng 0* meson° on my behalf as myreprosentatheet 1 understand Planning have no objections to the application but wash to eestifct the mmrberof baboon* at 5057 Inver Road to 4 only.1 fully accept !hat restriction, At and Abs. Richant wMbe h► a position to answer any questions as they manage !he properties during myabawwaa; In the make event colony questions being raised that Air and Mrs. Richard cannot answer to councils 1 brook, ash that the application be Shined na May when I mate to Niagara RECEIVED APR 0 5 2007 PLANNING DEVELOPMENT 05/04/2007 SAVQI1OH AldflOHHsT3N 899Z96068Z0 Z17:80 666T/te/L0 April 16, 2007 PD- 2007 -23 Niagara His Worship Mayor Ted Salci CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2007 -23 Zoning By -law Amendment Application AM- 0412007, 4339 Bampfield Street Applicant: Robert Craig and Lesley Ann Dickson Proposed Cottage Rental Dwelling RECOMMENDATION: 1. That Council approve the Zoning By -law amendment application to permit the existing dwelling to be used for a cottage rental dwelling with no more than three (3) bedrooms. 2. That prior to the passage of the amending by -law, the applicant undertakes a fire safety inspection to the satisfaction of Fire Services. BACKGROUND: Robert Craig and Lesley Ann Dickson have requested an amendment to Zoning By -law No. 79 -200 for a 434 square metre (4,680 square foot) parcel of land known as 4339 Bampfield Street, as shown on Schedule 1. A single detached dwelling exists on the land. The applicant proposes to use the existing three bedroom dwelling as a cottage rental dwelling (rented to tourists for accommodation on a daily or weekly basis). Refer to Schedule 2 for the details of the property. The land is currently zoned Residential Single Family and Two Family -2 (R2 -2) with special zoning provisions that would allow the dwelling to be used for bed and breakfast accommodations. The R2 -2 zoning is requested to be amended site specifically to permit the existing dwelling to be used as a cottage rental dwelling. Over the past several years, City Council has experienced a growing number of applications to convert single family homes into cottage rental dwellings. Cottage rental dwellings are a form of tourist accommodation similar in nature and scale to bed and breakfast accommodations. Where bed and breakfasts are typically owner occupied homes providing overnight guest accommodations and prepared breakfasts, cottage rental dwellings are complete resid ys rented out to small groups of travellers with kitchen facilities available for the :tion of meals. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development April 16, 2007 2 PD- 2007 -23 The surrounding residential community consists of predominately single detached dwellings. There is a significant concentration of bed and breakfast establishments in the area. Circulation Comments Surrounding Land Uses Regional Municipality of Niagara The proposed cottage rental dwelling will provide an alternative form of accommodation for tourists, similar to a bed and breakfast establishment. Regional Planning staff has no concerns from a Provincial and Regional planning perspective. Municipal Works No objections provided sufficient parking is provided in accordance with the dimensions stipulated in the zoning by -law. Fire Services No objections to the use. A fire safety inspection is required in order to determine its current fire safety status, prior to the operation of the cottage rental dwelling. City Clerk The cottage rental dwelling is required to be licensed under the City Licensing By- law. Parks, Recreation and Culture No objections. Planning Analysis 1. The proposal complies with the intent and the purpose of the Official Plan. The land is designated Residential in the Official Plan. Residential dwellings are intended to be the predominant use. The land is located in an area known as the River Road Satellite District where bed and breakfast accommodations with up to four bedrooms for guests are permitted so long as the residential character of the area is maintained. Cottage rental dwellings have been permitted in the District where they have been considered compatible with the surrounding neighbourhood. The proposed cottage rental dwelling conforms to the Official Plan as follows: A cottage rental dwelling is an alternative form of accommodation similar in scale to the bed and breakfast accommodations contemplated by the Official Plan for this area. The dwelling will continue to be used for housing; the only difference being the occupancy will be of a short duration. There are no changes proposed to the property and there is no expansion of the dwelling, therefore, the residential character of the property will be maintained. April 16, 2007 3 PD- 2007 -23 The cottage rental dwelling is not expected to generate any more traffic than a single detached dwelling. Provided the number of bedrooms of the dwelling is limited to the number that exists, the scale of the use will not be increased and the use of the dwelling for cottage rental dwelling will be compatible with the surrounding residences. In the past three years, Council has approved several cottage rental dwellings in this neighbourhood. Given the special policies in the Official Plan and the area's proximity to tourist districts, a moderate concentration of small -scale accommodations of a residential character is acceptable for this area. Staff will continue to monitor the development of cottage rental dwellings in this neighbourhood to ensure that excessive concentrations do not impact the residential character of the neighborhood. 2. The requested zoning is appropriate. The current R2 -2 zoning of the property applies to the entire area between Palmer Avenue and River Road, from Hiram Street to Morrison Street. Bed and breakfast establishments with up to four bedrooms for guests are permitted as of right in this area. Similar to the guest rooms of a bed and breakfast, the cottage rental dwelling will be rented out on a short term basis to a small group of travellers. To ensure the use of the cottage rental dwelling is kept at a level compatible with surrounding uses and consistent with the scale of bed and breakfast establishments, the cottage rental dwelling should be limited to the three bedrooms proposed. To ensure fire safety, the fire safety inspection required by Fire Services should be completed prior to passage of the amending by -law. CONCLUSION: The requested amendment to permit the existing dwelling to be used as a cottage rental dwelling can be supported for the following reasons: 1. The use complies with the Official Plan as it is in an area where small -scale accommodations may be permitted. The use is of a residential nature and is similar in scale to uses contemplated in the surrounding neighbourhood. 2. The use is similar to a bed and breakfast, which is already permitted. 3. Provided the cottage rental dwelling is limited to three bedrooms, the use will be compatible with abutting properties. of Darbyson, Director of Planning,& Development Recommended by: Respectfully submitted: Joh ti aryte acDonald, Chief Admini$frative Officer Attach. A. Bryce/chi S: \PDR\20071PD- 2007 -23, AM -04 -2007. Proposed Cottage Rental Dwelling.wpd Subject Land Location: Applicant: 4339 Bampfield St SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 Robert Craig and Leslie Ann Dickson Scale: I:NTS AM- 04/2007 3/8/2007 3:24:34 PM hirsute dam EMU Mel 1 MI '!earl` i1aau� c r aissiiilliannilla nna a en►umar pan I_ Ls llfl�■In�Fnin■■■ flirt fan n� n uininfn flillnen■ a a E- ■■■EncE n®nu i■ i canon: E .M■■M■ nn it�■n■■MnIM�n ■n■ el mmanamista _j ma sminniessinatenum is Mar 1•21111EMOMMWEIti r.■■n■■rina lln■■ wan nola n n r■iiii®l n n MI 1 iii Wn rIII CEIMIESHISMIELIBIEL WM 'isa tc LnIMISEMI n ■■n ■III■, rn■ GI la la twn■I ateWWII" Mae net n■ nuwa �n nuui I EU CdJ■■n■ il i I r 111111111111111111 111111111111111111 111111111111111111 I Iii i i MI qEa MI �:�n■rn■en :nU in i lU fl h n ^■I MINIM L I d i l n■nl.Itn�■I� i i 'rfnnrnn®g! ■■■■I rnE 9 =MO MEMO SIIIIIIMMINEIMill BO n M ■nlr�� m ll ■E n ■■N i I ai FA I nI ■n RiE■ BEINISEIMEMB ©■I■f3n ■n ti n �".n ®nnn■■ i i SCHEDULE 2 Niagara Region PLANNING AND DEVELOPMENT March 21, 2007 File: D.10.M.11.23 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2n Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Application 4339 Bampfield Street Robert James Craig Clty of Niagara Falls This application proposes to permit an existing dwelling to be used as a cottage rental dwelling. The following Provincial and Regional planning comments are provided for your consideration. The site is located in the Region's Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A wide range of land uses are permitted in Urban Areas to meet the needs of each community. The proposed cottage rental dwelling will provide an altemative form of accommodation for tourists, similar to a bed and breakfast establishment. Regional Planning staff has no concems with this application from a Provincial and Regional planning perspective. Please send notice of City Council's decision on this application. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner c: D. Darbyson, City of Niagara Falls M:IMSWORDIPC\NIagara FalbWFzbla44339eampfIeldSt Craig.doc Building Community. Building Lives. S amwd The Regional Municipality of 2201 St. David's Road, P.O. F Thorold, Ontario L2V 477 A� Q Telephone: 905-9843630 Fax: il plan regi C E -mail: plan(a�regional.niagare.on.ca 09 RECEIVED RECEIVED MAR 2 3 2007 PLANNING DEVELOPMENT Dear W. Bryce Watt regain to Pans co X18, appllcaoon tbr 6057 River Road arxl(R4g1� ly iagara meeting i 200 �nceslw I not beina position tpp� the Pwb+fc meeting onmybsh Richard and Abs. rArarkYclrarawill aeatbw,t+Ceythe bedrooms et River ha� objections to the application but wish to 'midst the rnmtherof °n*.1 fullyaccapt that tesfriction. W. and lira, Richard trifle In a position to answer any questions as theymangle isasPenias ening ray absence. la the unlikely councils event of s mhedthat Afr and lin Richard cannot atswarto Mom Natynd, aPPflcauovr be defeated anti May when l return to Wagata I epolfogfss for not beteg in a position tq attend the tantIng personally. TO 3Stid WA. Bryn 120 Sandmen Road' Manning dtq orient Belfast 07V tlex Mann Folks Citv Hatt Northam Ireland 6 thApr14 2007 Vows faithful• J RECEIVED APR 0 5 2007 PLANNING DEVELOPMENT 05/f4/2007 SAVGI1OH h1aflOgHOUN 899Z96068Z0 Zb :80 666T/TO/L0 Board Of Directors 2006 -2007 President Craig Robinson 8121 Harvest Crescent Niagara Falls, ON L2H 3G3 (H) 374-0844 (W) 647.4104 Cell (905) 933-3078 craiadrumhotmail.com 1st Vice President Gabe Marinelli 6410 Montrose Road Niagara Falls, ON L2H 1L9 (906) 354.0948 2nd Vice President Bob Wilkinson 2684 Mewburn Rd. #7 Niagara Falls, ON L2E 6S4 (W) 374-7127 (H) 228 -0563 wilkie@coaeco.ca Secretary Donald (Don) Wallace 4998 Maple Street Niagara Falls, ON L2E 21,18 11 289- 296.9461 C 3513986 ¢ish.nelson*svmoatico.cg Treasurer Douglas Roy 7900 Ascot Circle Niagara Falls, ON L2H 3E4 (905) 356 -7001 Idormrovosvmoatico.ca Assistant Treasurer Frank Jenkins (905) 356.9699 fall Twister Nike Melymuka Sr. Jon Tamer Sill Bosgraaf rosaraafOmeratel.com tit. Year Directors Nark Holmes lack Shields hex Herbal Ind Year Directors trod Sacco rat Delaney lenry Termaat lembership em Hicks 3797 Orlando Drive 8agara Falls, ON 2J 406 105)358.5671 lulletin Edhor lorry Boudreau 321 Sherri Avenue Magara Falls, ON 105)356.4438 lab.becon.orq eat President rlan Atkinson 501 Hodgson Avenue iagara Falls, ON 211 1N6 05)371.2366 5tldnsonOcoaeeco.ca dzrewtayt eZi 1604 Kt Kim Kip wift asp '07 040211104 8� ai Wats Java t d 2t °,200 r Spat 4 ride nig ezg, 24° airkteti "eA Ma, calk Wad womb got+ near/ a rerean I�t�r (3 /Gb /2uu Anna Morocco Petition to Mayor and Cit Council .Y. Page 1 From: To: Date: Subject: John and Hilary Ainslie <jandhainslie©cogeco.ca> <diorfida @niagarafalls.ca> 3/23/2007 9:51 AM Petition to Mayor and City Council Dean lorfida, City Clerk, City of Niagara Falls Dear Dean lorfida, As a trustee, I am writing on behalf of the people of All Saints Church on Robinson Street, Niagara Falls. Our church was first approached by your Heritage Committee, (LACAC at the time, I believe), in 1977 to request our help in designating our church and lands as a Heritage Property. Being one of but a few major buildings in the city which dated to the early days of the Village of Drummondville, we were on the City's list of buildings they wished to protect as of importance to the City's heritage. At that time, our church corporation turned down the request. In 2003, at the urging of the Heritage Committee, we applied to have the designation. At that time, some members of the Committee came to the church and went over with us the interior features that dated back to the earliest days, that they thought should be protected. These included the original oak pews and pulpit, the open roof timbers, the decorative Rood Screen with Cross and the font. The process moved forward with the newspaper notice with its 30 day time for objections to be given. Someone remembered that the Diocese had a no Heritage Designation canon law on the books and so our request was withdrawn. The Diocese, headquartered in Hamilton, has a policy that the historic importance of a building should not interfere with the chance for a quick sale of any church property. Now that the Ontario Heritage Act has been strengthened to give local councils the power to designate heritage buildings, we request that the City move ahead with such designation. I met with the city's Heritage Committee and received positive encouragement to move ahead with our wish to protect this pioneer building and its important interior features. They suggested that we start a petition to show the community's support for this step to be taken. am therefore requesting that a time be made available to us to present such a petition to the Mayor and City Council, if possible at the first meeting after Easter, which I believe would be on the 16th of April. It would be appreciated if it could be relatively early on the Agenda to accommodate the older members of our congregation. Many thanks for your help in this regard. Sincerely, John Ainslie PS The community response has been extremely positive. I had no idea that our people responded so well to the preservation of our city's heritage properties. Corporate Services Department Clerk's Division Inter Department Memorandum TO: Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: All Saints Church Niagara CANADA DATE: April 10, 2007 For Council's information, the Church's parishioners, spearheaded by Jock Ainslie, have collected over 3,000 signatures to date on a petition (see attached sample). With Council's approval, the matter will be referred to the Municipal Heritage Committee for investigation. A staff report outlining the process for historical designation will be forthcoming. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development (Sooty 1 We, the people of Niagara Falls, do hereby petition the Mayor and Council of the City of Niagara Falls to designate the 150 year old historic church of All Saints and its lands, at 5680 Robinson Street, this city, to be an Heritage Property under the Ontario Heritage Act, R.S.0, 1990, c.O.18 as amended. This church, whose cornerstone was laid in 1856 in the then Village of Drummondville, has been described as an excellent example of the Gothic Revival style, and its interior retains much of its original appearance with its solid oak pews and pulpit, open roof timbers, decorative rood screen and font, all features recommended to be preserved by the City's Heritage Committee in 2003. SIGNATURE PRINT NAME in Fv Lynx t. f03 /b Xfive »h 4L WIN is e.v ME Nv4 iii 711e t_ 4 1 .i ie/ ton) ro (Pt G-- PtrR' kh ti i lianl.E' t _(`mac Yy /t it-4 -7t5y t t /go ee r e-id i t J2.acte----s a..e. c. r bid ct kLe NT- wbE/LS 0 Al (Sooty 1 We, the people of Niagara Falls, do hereby petition the Mayor and Council of the City of Niagara Falls to designate the 150 year old historic church of All Saints and its lands, at 5680 Robinson Street, this city, to be an Heritage Property under the Ontario Heritage Act, R.S.0, 1990, c.O.18 as amended. This church, whose cornerstone was laid in 1856 in the then Village of Drummondville, has been described as an excellent example of the Gothic Revival style, and its interior retains much of its original appearance with its solid oak pews and pulpit, open roof timbers, decorative rood screen and font, all features recommended to be preserved by the City's Heritage Committee in 2003. SIGNATURE PRINT NAME Corporate Services Department Clerk's Division Inter Department Memorandum TO: Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 Niagarajtlls CANADA DATE: April 10, 2007 RE: Downtown Board of Management At the March 5 Council meeting under Communications, the Downtown Board of Management put forward their slate of directors for approval by City Council, as per s. 204 (3)(b) of the Municipal Act. At the March 5t meeting, Council passed the following motion: That the communication be deferred until the Downtown Board of Management can clarify the qualifications of the elected officers and other issues surrounding the recent Board elections. As a result, the writer forwarded the attached letter to the Downtown B.I.A. The Downtown Board has subsequently responded to all of the concerns raised. They have amended their constitution appropriately, have reconfirmed their slate of directors and are comfortable that their elections were conducted in an appropriate and lawful manner as per the Municipal Act. Based on this additional information, it is staff's recommendation that the Downtown Board of Management appointees (2007 -2010) be approved by Council, as well as their budget submitted for 2007. Ozil- Working Together to Serve Our Community Clerks Finance Human Resources information Systems Legal Planning Development Ms, Dorothy Duncan, Administrator Downtown Board of Management 116 4400 Queen Street Niagara Falls, ON L2E 2L3 March 6, 2007 NiagaraJalls VIA FAX: 905- 354 -5541 Dear Ms. Duncan: Re: Items from March 5 Council Meeting Request for Approval of Board Appointments As you are aware, the slate of candidates for the Downtown B.I.A. was brought forward for City Council's consideration at their March 5 meeting. I would alert you to the Downtown B.LA.'5 constitution which states the following: The Board ofManagement is a body corporate that shall consist of eleven members appointed by Council, two of whom shall be members of Council and the remaining members shall be persons qualified to be elected members of Council, who are owners of ratable property in the improvement area, which are the prescribed business property Class or tenants of owners who have been identified Firstly, your by -law should be amended to reflect the fact that Council only provides one member. Secondly, if members of the board are to be persons qualified to be elected members of Council, your board members would have to fulfill the following' criteria outlined under the Municipal Elections Act: At least 18 years of age; A Canadian citizen; and A resident of the City of Niagara Falls or the owner or tenant of land in the City of Niagara Falls, or the spouse or same -sex partner of such an owner or tenant. The Act also indicates what a „se a 'date cannot be a judge, member of Federal or Provincial parliament, Crown or City el r; or inmate, amongst other disqualifications. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www. niagarafall s.ca Corporate Services Department Clerks Ext 4271 Fax 905- 356 -9083 diorfida @niagarafalls.ca 2 As a result of requiring a candidate to be able to run for municipal election, there was some concern expressed that a candidate for the Board of Management is not a Canadian citizen. Although the Municipal Act does not stipulate such arequirement for membership to a B.I.A. Board of Management, City Council does have the right to refuse to appoint a person. There was also a concern expressed at Council that the recent Board elections may have had some improprieties. The Municipal Act is very clear regarding B.I.A. voting: Each member of an improvement area has one vote regardless of the number of properties that the member may own or lease in the improvement area. Although B.I.A. members may have multiple votes at a general meeting, because of the provision of proxies, the individual member is entitled to one vote only regardless of the number of properties he or she may own. As a result of the concerns outlined above, Council passed the following motion: That the communication be deferred until the Downtown Board of Management can clarify the qualifications of the elected officers and other issues surrounding the recent Board elections. Request for Waiver of Fees for Road Closure for Candlelight Stroll Council denied the request for a waiver of fees. It should be noted that the levy is taken from B.I.A.'s for these type of events. Also, road closures involve costs to the municipal corporation. If you have any questions regarding the matters above, feel free to contact me. Sincerely, Dean Iorfida City Clerk Working Together to Serve Our Community Board of Management April 3, 2007 Mr. Dean Iorfida, Clerk City of Niagara Falls 4310 Queen Street Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: P.O. Box 5, Main Station Niagara Falls, Ontario L2E 6S8 Tel.: (905) 354 -0606 Fax: (905) 354-5541 bia @niagarafallsdowntown.com www.niagarafallsdowntown.com The Downtown Board of Management conducted a meeting of its general membership on April 2 to discuss constitutional amendments and present the 2007 budget. The Board is pleased to report that all members present voted unanimously to amend the constitution term and qualifications, as previously notified and attached hereto. The Board anticipates that these amendments will now satisfy Council and respectfully requests that Council ratify these constitutional amendments. Yours truly, q5 .14L- CaI Beresh Chairman /dd Downtown Niagara Falls: Where Friends Make the Difference HEAD OFFICE CONSTITUTION DOWNTOWN NIAGARA FALLS BUSINESS IMPROVEMENT AREA The Downtown Board of Management may maintain a head office within the Business Improvement Area. The address, hours of operation and telephone num- ber will be regularly published for all Board members and BIA members. II BOARD OF MANAGEMENT 1. Qualifications The Board of Management is a body corporate that shall consist of nine members appointed by Council, plus one member of Council and the remaining members shall be persons who are owners of ratable property in the improvement area which is in the prescribed business property class or tenants of owners who have been identified to the City Clerk as being eligible for membership or their nominees. 2. Powers of the Board The Board of Management shall undertake the improvement, beautification and maintenance of municipally owned lands, buildings and structures in the area, beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large, and shall promote the area as a business or shopping area. 3. Election to the Board Officers of ,the Board of Management are elected by their fellow BIA members at a General Membership Meeting. The Board of Management shall prepare a full slate of persons, which the Board has by vote decided to recommend to the Council as members for the succeeding term of the Board of Management. The Nomination Chairman shall be provided with the slate of previous aforesaid prepared by the Board of Management and thereafter request that further nominations are made of persons wishing to be appointed to the Board of Management from any of the members of the B.I.A. When all nominations have been received the Chairman shall close the nominations and proceed to conduct a vote to determine the persons who will be recommended to the Council as members of the next Board of Manage- ment. After the vote the Nomination Chairman shall advise the Board of Manage- ment of the persons to be recommended and the Board of Management shall in writing so advise the Council. t nowrit Niagara alls Board of Management Mara 2007 Dear Dean: Mr. Dean Iorfida, Clerk City ofNiagara Falls 4310 Queen Street Box 1023 Niagara Falls, Ontario L2E 6X5 In response to your letter to the Downtown Board of Management of March 6, 2007 and Council's referral to approve our Board appointments, we have re- convened the old Board. Firstly, we have taken your suggestion to amend our Constitution as follows: Old Qualifications: The Board of Management is a body corporate that shall consist of eleven members appointed by Council, two of whom shall be members of Council and the remaining members shall be persons qualified to be elected members of Council who are owners of ratable property in the improvement area which is in the prescribed business property class or tenants of owners who have been identified to the City Clerk as being eligible for membership or their nominees. Old Term of Office: Each member shall hold office for the length of the term of the Council, which appointed him or her (three years), provided he continues to be qualified. Members of the Board of Management shall hold office until their successors are appointed and are eligible for reappointment on expiration of their term of office. New Oualifications: The Board of Management is a body corporate that shall consist of nine members appointed by Council, phis one member of Council and the remaining members shall be persons who are owners of ratable property in the improvement area which is in the prescribed business property class or tenants of owners who have been identified to the City Clerk as being eligible for membership or their nominees. New Term of Office: Each member shall hold office for the same length of the term of the Council, which appointed him or her, provided he continues to be qualified. Members of the Board of Management shall hold office until their successors are appointed and are eligible for reappointment on expiration of their term of office. Secondly, with respect to the voting at our recent AGM, the Board has reviewed the process, the legislation and have contacted authorities and are satisfied that that there were no improprieties in the voting process. Please be advised that we are calling a General Members meeting on April 2nd to vote on the Constitutional amendments proposed. Once our members vote, we will forward the results to City Council for approval. Yours truly, adsfritiL Cal Beresh Chahtman /dd P.O. Box 5, Main Station Tel.: (905) 354 -0606 Niagara Falls, Onta FILLS �R'07 03141 4' Fax: (905) 354 -5541 4 clia @niagarafallsdowntown. L2E 6S8 www.niagarafalisdowntown.com Downtown Niagara Fails: Where Friends Make the Difference April 3, 2007 Board of Management Mayor R. (Ted) Salci Members of Niagara Falls City Council City of Niagara Falls 4310 Queen Street Bos 1023 Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci Councillors: On behalf of the Nomination Chairman, please be advised the election of officers to the Downtown Board of Management by the General Membership occurred on February 19, 2007 at 4400 Queen Street, Unit #7. The following officers were elected: Dave Govan —The Camera Place -4541 Queen Street Paul Sottile Olsen- Sottile Insurance -4307 Queen Street Tony Barranca —Hair Lovers Place -4407 Queen Street Joe Mrkalj —The Daily Planet-4373 Queen Street Dr. Joanna Hill— Niagara Medical Centre -4429 Queen Street Ulrike Gross— Ciminelli Real Estate Corp -4673 Ontario Avenue Don Weaver —GPS Pursuit -4673 Ontario Avenue Fayann Guilbeault— Martin Sheppard Fraser -4701 St. Clair Avenue Aaron Lichtman— Historic Niagara Development Inc. -4681 Ontario Avenue The election took place in presence of a city official and was a conducted in a professional manner. The Board has out searched several legal opinions, contacted the Ontario BIA Association and in addition contacted Mr. John Ballantine in Ottawa to ensure there were no voting improprieties. The newly elected board now includes an insurance broker and an engineer as well as Mr. Aaron Lichtman who represents the group poised to play a major role in our revitalization. City Council is being asked to ratify the appointment of the Board. City Council is requested to appoint one representative from City Council to the Board. Respectfully submitted Dorothy Du Administra r P.O. Box 5, Main Station Niagara Falls, Ontario L2E 6S8 Downtown Niagara Falls: Where Friends Make the Difference Tel.: (905) 354 -0606 Fax: (905) 354 -5541 bia @niagarafallsdowntown.com www.niagarafallsdowntown_com J' Board of Management April 3, 2007 Mr. Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: Sincerely, Cal Beresh Chairman /dd Att. P.O. Box 5, Main Station Niagara Falls, Ontario L2E 6S8 Downtown Niagara Falls: Where Friends Make the Difference Tel.: (905) 354 -0606 Fax: (905) 354 -5541 bia @niagarafallsdowntown.com www.niagarafallsdowntown.com As per our General Meeting held April 2, 2007, we are pleased to proffer the attached budget as laid out and approved by the members for the year 2007. Niagara Falls Downtown Board of Management 2007 Budget Advertising Promotion 30,000.00 Beautification 25,000.00 Staff Wages 25,000.00 Liability Insurance 3,600.00 Rent 2,400.00 Office Administration 10,000.00 Professional Fees Studies 67,109.00 Meeting Expenses 2,000.00 Repairs Maintenance 2,700.00 Shortfall on property tax appeal 10,191.00 Total $180,000.00 April 16, 2007 BDD- 2007 -02 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: BDD- 2007 -02 Aces Aces 2007 Celebrity Golf Classic RECOMMENDATION: For the information of Council. BACKGROUND: Niagaraj7alIs In July 2004 Council agreed to partner with the Niagara Community Foundation to create the Niagara Falls Community Fund. The fund was established to support local charities providing programs and services in the City of Niagara Falls. The fund supports initiatives for a broad spectrum of interests including arts, culture, education, social services and health. The funds comprise of donations large and small from a variety of sources, individuals, corporations and foundations. Grand Niagara is coordinating and hosting the 2007 Aces Aces Celebrity Golf Classic with proceeds raised from the event being directed to the Niagara Falls Community Fund. The event will take place June 19 -21, 2007 and will feature 30 sports celebrities such as; Mario Lemieux, Jim McMahon, John Elway, Grant Fuhr, Tie Domi along with other sporting icons. The event will feature three days of golf at Grand Niagara where each celebrity will golf with a foursome of amateurs. Following each day of golf a meet and greet with all celebrities will be held at the Canadian Club Terrace at Grand Niagara Resort. At the conclusion of the meet and greet the Texas Hold'em Poker tournament will be held at an off -site location. This tournament will be played in groups with celebrities, amateurs and invited media. The entire three day event will be captured on television for a future broadcast via a Canadian television network. The event is gaining a great deal of media interest. Two national television morning programs have expressed interest in broadcasting their show from Niagara Falls during the event. More specific event details will be announced in the coming w 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Business Development April 16, 2007 BDD- 2007 -02 Recommended by: Respectfully submitted: SF /Iw 2 It is the hope of Grand Niagara and event organizers that this event will continue to grow and become an annual fundraising event for the City of Niagara Falls Community Fund. Felicetti, Director of Business D hn MacDonald, Chief Administrative icer April 16, 2007 CD- 2007 -08 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2007 -08 Notice of Default Financial Statements 2006 Municipal Elections RECOMMENDATION: For the information of Council BACKGROUND: Niagara 7 alls CANADA The Municipal Elections Act, 1996 requires that all candidates shall file, on or before April 2, 2006, a Financial Statement and auditor's report, if contributions and or expenses exceeded $10, 000, reflecting the candidate's election campaign finances as of January 2, 2007. As per the Act, the Clerk's Division gave notice, by registered mail to every candidate, informing them of their financial filing requirements. It is the responsibility of the candidate to file a complete and accurate financial statement on time. As of the filing deadline of April 2, 2007 there were 41 of 52 financial statements filed with the Clerk. The Act states that a candidate is in default of the filing requirements if he or she fails to file a document as required under Section 78, by the relevant date. Within 10 days after the default, the Clerk shall send a Notice of Default to a candidate by registered mail and a copy of such to the relevant Council. The notice was sent on the latest possible date, April 12, 2007, to provide the candidates with as much opportunity to file their statements as possible. The candidate then has 11 days from this date to fulfill the filing obligations. The penalties take effect on the 12' day after the notice is mailed. The Notice of Default shall include: the penalties for the default the day the penalties take effect if the default is not eliminated (April 24, 2007) the right to apply to the Ontario Court of Justice for an extension of the time to file and the effects of the extension if granted. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Departmen Clerks CONCLUSION: 2 As of the time in which this report was written, 2 of the remaining 11 financial statements have been filed. One by John Beam and the other by Guiseppe Macera, who would therefore no longer be in default of failing to file documents with the Clerk. The remaining 9 candidates have until Monday April 23, 2007 to eliminate the default. If the default is not eliminated by this date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the candidate is ineligible to be elected or appointed to any office to which the Municipal Elections Act applies until the next regular election has taken place. Recommended by: Respectfully submitted: Attachments B.Matson S:I000NCIL REPORTS120071CD- 2007- 08.wpd Dean to ida D' ector f Council Services City Clerk oy MacDonald, Chief AdministratbgOfficer Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s. 80 (3)) TO: FROM: Nagaral, John Beam Mayor (Name of Candidate) (Office) 6219 Johnson Drive Niagara Falls, ON L21 3J6 (Address) (Postal Code) The Clerk, or designated election official of Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: A. I You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal 1 Elections Act, 1996 on or before the relevant date, or B. 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. 0 A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91.(1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected is forfeited and becomes vacant; and (b) he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 92.0) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and on conviction, is liable to a fine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to a fine of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the fuze set out in subsection (2). This notice indicates that you have failed to file a document required by Section 78 of the Municipal Elections Act. The following provisions and penalties apply: 1. You have until April 23, 2007 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until July 3, 2007 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. Date April 12, 2007 Municipal Clerk or designate Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s. 80 (3)) TO: FROM: l liagara,?als Tony Gigliotd Regional Councillor (Name of Candidate) 2840 Olden Avenue Niagara Falls, ON (Address) (Office) Ltd 2E4 (Postal Code) The Clerk, or designated election official of Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: A. t,� You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal LI Elections Act, 1996 on or before the relevant date, or; B. 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. 0 A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount pennitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91.(1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an ad or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected is fotfeited and becomes vacant; and (b) he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 91(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to afine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to a fine of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the fine set out in subsection (2), This notice indicates that you have failed to fde a document required by Section 78 of the Municipal Elections AM. The following provisions and penalties apply: 1. You have until April 23, 2007 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until July 3, 2007 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. April 12,2007 Date Municipal Clerk or designate Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s. 80 (3)) TO: FROM: Niagaraj?gJJ• C9T1And Keith Maloney (Name of Candidate) Regional Councillor (Office) 6626 Dorchester Road Niagara Falls, ON L2G 5T5 (Address) (Postal Code) The Clerk, or designated election official of Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: A. X You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before the relevant date, or; B. 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or C. 9 A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91. (1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected is forfeited and becomes vacant; and (b) he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 92.(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to afire of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the fine set out in subsection (2). This notice indicates that you have failed to file a document required by Section 78 of the Municipal Elections Act. The following provisions and penalties apply: 1. You have until April 23, 2007 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until July 3, 2007 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. April 12, 2007 WM r Date Municipal Clerk or designate Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s..80 (3)) TO: FROM: Niagarafq 4 Sharon Shearing Regional Councillor (Name of Candidate) (Office) 6457 Delta Drive Niagara Falls, ON (Address) L2H 2H6 (Postal Code) The Clerk, or designated election official of Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: A. X You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act 1996 on or before the relevant date, or; B. 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. 0 A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91.(1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected is forfeited and becomes vacant; and (b) he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 92.(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to afine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to a fine of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the flne set out in subsection (2). This notice indicates that you have failed to file a document required by Section 78 of the Municipal Elections Act. The following provisions and penalties apply: 1. You have until April 23, 2007 to eliminate the default 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (1) You have until July 3, 2007 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. Atli, 12, 2007. Date Municipal Clerk or designate Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s. 80 (3)) TO: FROM: c Bernie VihantB Regional Councillor (Office) (Name of Candidate) 6596 Leawood Court Niagara Falls, ON L2G 7C4 (Address) (Postal Code) The Clerk, or designated election official of: Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: A. You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before the relevant date, or; B. 0 You faded to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. 0 A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91. (1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected is forfeited and becomes vacant; and (b) he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 92.(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to a fine of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a free equal to the excess, in addition to the fine set out in subsection (2). This notice Indicates that you have failed to file a document required by Section 78 of the Municipal Elections Act. The following provisions and penalties apply: 1. You have until April 23; 2007 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until July 3, 2007 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. April 12. 2007 Date Municipal Clerk or designate Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s. 80 (3)) TO: FROM: Niagara all cnwAnA David J. Mole (Name of Candidate) 32 Annemarie Drive Virg0, ON (Address) Niagara Catholic District School Board (Office) LOS 1T0 (Postal Code) The Clerk, or designated election official of Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before the relevant date, or; B. 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. 0 A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91.(1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected is forfeited and becomes vacant; and (b) he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day, (2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election, clause (I) (b) does not apply. 92(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to afine of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the fine set out in subsection (2). This notice indicates that you have failed to file a document required by Section 78 of the Municipal Elections Act. The following provisions and penalties apply: 1. You have until April 23, 2007 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until July 3, 2007 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. Date April 12, 2007 Municipal Clerk or designate Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s. 80 (3)) TO: co NiagarafgI Bob (Deacon) Brooks (Name of Candidate) Alderman (ice) #3 5831 Ferry Street Niagara Falls, ON LZE 1S8 (Address) (Postal Code) FROM: The Clerk, or designated election official of Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: A. X You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before the relevant date, or; B. 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. 0 A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91.(1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected is folfeited and becomes vacant; and (10 he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 91(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to a fine of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition 0 the fine set out in subsection (2). This notice indicates that you have failed to fde a document required by Section 78 of the Municipal Elections Act. The following provisions and penalties apply: 1. You have until April 23, 2007 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until July 3, 2007 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections-Act applies. April 12, 2007 Date Municipal Clerk or designate Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s. 80 (3)) TO: FROM: NTiagarahn c Wean Frank Herman (Name of Candidate) Alderman (Office) 6312 Murray Street Niagara Falls, ON L2G 2107 (Address) (Postal Code) The Clerk, or designated election official of Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Ad, 1996, because: A. X You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before the relevant date, or; B. 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. 0 A document filed under Section 78 of the Municipal Elections Act 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91.(1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected is forfeited and becomes vacant; and (b) he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election,.clause -(1) (b) does not apply. 92.(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to a fine of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the fine set out in subsection (2). This notice indicates that you have failed to file a document required by Section 78 of the Municipal Elections Act. The following provisions and penalties apply: 1. You have until AprH 23, 2007 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until July 3, 2007 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken. place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. Anril 12, 2007 Date Municpal Clerk or designate Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s. 80 (3)) TO: FROM: NiagarafigIM Terry O'Reilly Alderman (Name of Candidate) (Office) 7481 Garner Road Niagara Falls, ON L2E 685 (Address) (Postal Code) The Clerk, or designated election official of Niagara Falls (Name of Municipality)- TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: A. X You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before the relevant date, or; B. 11 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. 0 A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91.(1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected is forfeited and becomes vacant; and (b) he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 92.(I) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to afne of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the fine set out in subsection (2). This notice indicates that you have failed to file a document required by Section 78 of the Municipal Elections AM. The following provisions and penalties apply: 1. You have until April 23, 2007 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (1) You have until July 3, 2007 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you:. (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to' be elected or appointed to any office to which the Municipal Elections Act applies. April 12, 2007 Date Municipal Clerk or designate Form ELA3 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s. 80 (3)) TO: FROM: Ni_agara its Ralph Terrio (Name of Candidate) 7725 Drummond Road Niagara Falls, ON (Address) Alderman (Office) L2G 41 (Postal Code) The Clerk, or designated election official of Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: A. X You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before the relevant date, or; B. 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. 0 A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91. (1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or she was elected is forfeited and becomes vacant; and (b) he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply 92.(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to aline of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the fine set out in subsection (2). This notice indicates that you have failed to file a document required by Section 78 of the Municipal Elections Act. The following provisions and penalties apply: 1. You have until April 23, 2007 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: (i) You have until July 3, 2007 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. April 12, 2007 Date Municipal Clerk or designate Form EL43 NOTICE OF DEFAULT Municipal Elections Act, 1996 (s. 80 (3)) TO: FROM: N %agaraj fill Gulseppe Macera (Name of Candidate) 5792 Stanley Avenue Niagara Falls, ON (Address) Alderman (Office) L2G 3X7 (Postal Code) The Clerk, or designated election official of Niagara Falls (Name of Municipality) TAKE NOTICE that you are in default of the requirements of the Municipal Elections Act, 1996, because: X You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before the relevant date, or; 13. 0 You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. 0 A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91.(1) If a candidate is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, (a) any office to which he or .Me was elected is foffeited and becomes vacant; and (b) he or she is ineligible to be nominated for or elected or appointed to any office until the sixth anniversary of voting day. (2) However, if the presiding judge finds that the candidate committed the corrupt practice without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 92.(1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000. (2) An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to a fine of not more than $5,000. (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the fine set out in subsection (2). This notice Indicates that you have failed to file a document required by Section 78 of the Municipal Elections Act. The following provisions and penalties apply: 1. You have until April 23, 2007 to eliminate the default. 2. If the default is not eliminated by the specified date, in addition to any other penalties that may be imposed under the provisions of the Municipal Elections Act, the following penalties apply: TO AN UNSUCESSFUL CANDIDATE: April 12, 2007 Date Municipal Clerk or designate (i) You have until July 3, 2007 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) If you: (a) fail to file the documents by the date established by the Court, or (b) do not apply to the Court for an extension within the 91 day period, or (c) the court denies your application and the 91 day period elapses, until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. April 19, 2007 L- 2007 -18 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falis, Ontario Members: Niagararalls CANADA Re: L- 2007 -18 Permanently Close Union Avenue Our File No.: 2005 -367 RECOMMENDATION: That Council authorize staff to proceed to permanently close Union Avenue being an open road allowance "road located west of Victoria Avenue and south of Kitchener Street and designated as Part 2 on Reference Plan 59R- 13223. BACKGROUND: Part 8 as shown on Reference Plan 59R -13223 is an open road allowance located west of Victoria Avenue and south of Kitchener Street, as shown highlighted on Attachment "1". This road is approximately 0.309 acres in size. Legal Services has received a request from 1397878 Ontario Limited to permanently close the road. The request was received November 18, 2005, and was circulated to all City departments, the result of which was that Staff had no objections to the road being permanently closed. The first step in proceeding to sale, given that this is an open road, is to permanently close the road, with any declaration of surplus or sale to follow the registration of that closure. As such, it is our recommendation that the road be permanently closed. 4310 Queen Street, P.O. Box 1023, Niagara Falis, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Corporate Services Department Legal Services Working Together to Serve Our Community April 16, 2007 Recommended by: Respectfully submitted: K. Kelly /L. Banks -2- L- 2007.18 I.KellC1 Kar, y John cDonald, Chief Administrative Officer la L PAHf 6 a l ;ET L 'tl' an 1 /3 "l 10 Kitchener l fl 7 77'» SCHEDULE tor Poi eX m 781 HI Van XL a«an «me.N H o m mx nx a.wra. nOO} ru,s a „ICavr I 'm +'ss xa rc»n[uu "a,m Street :irk.",N i.s 485' (3) Lot a N, 484 4N Lot gi c °a O9 o1- y —e L702 xxx PLAN SSW 139 9b HATE NOi� uxuas BIM Alt J;PERIAL NOiE 07*71Nf. gNOTE n e` Hen cowern ALL OF 1015 479, 480, 481, 482, 403, 484 485 AND ALL OF UNION AVENUE.Y.,,76d: Iae PLAN 9 and ALL OF LOTS 486, 487 488 AND PART OF LOTS 492 493 PLAN 297 Cily o1 Niagara Falb PEGIONRL MUNICIPALITY 07 NIAGARA EXMp6 LEIy OHM -,At t *7, 4nxve Er DE EMS .SURVEYOR'S CERTIFICATE wr� Lue mt.. .e m G v enap E. C.w*,w Wm1E�s ,C.unroll,NEr�apu•WatliosEurev Ewa All 00.11011.701 April 16, 2007 MW- 2007 -27 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls CANADA Re: MW- 2007 -27 Contract 2007 174 -06 2007 New Sidewalk Construction RECOMMENDATION: That the unit prices submitted by the lowest tenderer Alfidome Construction Ltd. be accepted and; that pre approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, in the presence of the City Purchasing manager, Mr. Ray Miller, opened tenders on Tuesday, April 3, 2007 at 1:30 p.m. for the above noted contract. Tender documents were picked up by Six (6) Contractors and Six (6) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors, along with the corrected bids( 1.Alfidome Construction Ltd. Niagara Falls 64,590.00 2.Sacco Construction Ltd. Niagara Falls 68,602.00 3.A -1 Asphalt Maintenance Burlington 69,470.66 78,470.66 4.Steed Evans Ltd. Thorold 75,670.00 5.Steele Contracting Inc. Ridgeway $9,042.00 89,092.00 6.Norjohn Contracting Niagara Falls 95,444.49 The lowest tender was received from Alfidome Construction in the amount of 64,590.00. This contractor has previously performed similar type projects for the City. We are of the opinion, that this contractor is gable of successfully undertaking this project. 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works April 16, 2007 MW- 2007 -27 The engineer's estimate for this contract was 72,000.00. Project Costs: Awarded Contract (excluding GST) 64,590.00 Total 64.590.00 Funding: 2007 New Sidewalk Construction (Account No. 11 -3- 313000 040000) 64,590.00 Total 64,590.00 This project is scheduled to commence construction May 21, 2007 and all work is to carry through until June 20, 2007. Council's concurrence with the recommendation made would be appreciated. Recommended by: Respectfully submitted: Ed 'ujlovic, Executive Director of Community Services 4 hn MacDonald, Chief Administrative Officer F. Tassone S:IREPORTS12007 Reports\MW- 2007 -27 Contract 2007- 174 -06 2007 New Sidewalk Construction.wpd April 16, 2007 MW- 2007 -31 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -31 Contract 2007 -09 2007 Crack Sealing Program City Wide RECOMMENDATION: That the unit prices submitted by the lowest tenderer Niagara Crack Sealing be accepted and; that pre approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, in the presence of the City Purchasing manager, Mr. Ray Miller, opened tenders on Tuesday, April 3, 2007 at 1:30 p.m. for the above noted contract. Tender documents were picked up by Three (3) Contractors and Two (2) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. 1.Niagara Crack Sealing 2.Road Savers 2000 Ltd. NiagaraJalls CANADA Port Colborne 70,068.45 Rexdale 73;692.25 The lowest tender was received from Niagara Crack Sealing in the amount of 70,068.45. This contractor has previously performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls,ca Working Together to Serve Our Community Community Services Department Municipal Works April 16, 2007 MW- 2007 -31 The engineer's estimate for this contract was 63,500.00. Project Costs: Awarded Contract (excluding GST) 70,068.45 Total 70,068.45 Funding: 2007 Crack Sealing City Wide (Account No. 11 -3- 311000 040000) 67,728.00 Total 67,728.00 This project is scheduled to commence construction May 21, 2007 and all work is to carry through until August 30, 2007. Crack Sealing will be completed up to the budget amount utilizing the unit cost in the contract. Council's concurrence with the recommendation made would be appreciated. Recommended by: Respectfully submitted: lovic, Executive Director of Community Services MacDonald, Chief Adminisffative Officer F. Tassone S:IREPORTS12007 Reports\MW- 2007 -31 Contract 2007 -09 2007 Crack Sealing,wpd April 16, 2007 MW- 2007 -35 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraaaaaaaJlalls CANADA Re: MW- 2007 -35 Grassy Brook West Area Detailed Design Consultant Fee Amendment RECOMMENDATION: That the Consultant fee with Philip's Engineering Ltd. be adjusted to include the design of services in this area not anticipated at the design stage of this development at an upset limit of $30,000.00 to be funded in full from Development Charges. BACKGROUND: Council has authorized staff to enter into a Consulting Services Agreement with Philip's Engineering Ltd. to prepare the detailed engineering design of the sanitary sewer and watermain for the Grassy Brook West Area. During the course of the design, additional areas were included in the scope of works that were not anticipated which required considerable resources. The resulting design allows for greater efficiencies in the maintenance of the future municipal services. Municipal Works staff has reviewed the request for fee adjustment of the upset limit and find it to be reflective of the additional level of effort required to complete the design phrase of this project within the anticipated time frame. Council's favourable consideration of the above recommendation would be appreciated. Recommended by: 4310 Queen Street, PO. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 wwwniagarafalls.ca Respectfully submitted: ujlovic, Executive Director of Comm nity Services #4,- acDonald, Chief Administrati Officer Working Together to Serve Our Community Community Services Department Municipal Works THE CORPORATION OF THE CITY OF NIAGARA FALLS COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN BY -LAW Number 2007 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Standing Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified column of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 4 TIMES OR DAYS Main St. East Ferry St. and a point 12 m South At Any Time First Reading: Second Reading: Third Reading: (2) by adding to the specified column of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Main Street East Ferry Street and a point At all times 20 metres south of Ferry Street (3) by adding to the specified column of Schedule B thereto the following items: COLUMNI COLUMN2 COLUMN3 HIGHWAY SIDE BETWEEN STANDING PROHIBITED Main Street East A point 105 metres south of Ferry Street and a point 162 metres south of Ferry Street Main Street West A point 71 metres south of Lundy's Lane and a point 156 metres south of Lundy's Lane This By -law shall come into force when the appropriate signs are installed. Passed this sixteenth day of April, 2007. COLUMN 4 TIMES OR DAYS DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR April 16, 2007 April 16, 2007 April 16, 2007 At all times At all times CITY OF NIAGARA FALLS By -law No. 2007 A by -law to establish Parts 1 and 18 on Reference Plan 59R -6428 as a public highway, to be known as and to form part of Church's Lane. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Parts 1 and 18 on Reference Plan 59R -6428, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Parts 1 and 18 on Reference Plan 59R -6428 that is hereby established as a public highway, be known as and form part of Church's Lane. Passed this sixteenth day of April, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading Second Reading: Third Reading: April 16, 2007. April 16, 2007. April 16, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of an Agreement with Norjohn Contracting and Paving Limited, respecting the 2007 City Wide Asphalt Patching Contract. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated March 19, 2007 and made between Norjohn Contracting and Paving Limited as Contractor and The Corporation of the City of Niagara Falls as Corporation, respecting the 2007 Asphalt Patching Contract for designated roadways, City parks, parking lots and other City properties, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this sixteenth day of April, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 16, 2007 April 16, 2007 April 16, 2007 BETWEEN: 2007 ASPHALT PATCHING CITY WIDE CONTRACT NO. 2007-04 THIS AGREEMENT made in quadruplicate the 19` day of March, 2007. NORJOHN CONTRACTING AND PAVING LIMITED Hereinafter called the "Contractor and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "Corporation of the FIRST PART; of the SECOND PART. WHEREAS the Corporation has awarded to the Contractor the contract for the complete supply and application of HL3 F and HL8 HS, base repairs and asphalt milling, etc., on designated roadways, City parks, parking Lots and other City properties or agencies within the limits of the City of Niagara Falls, in accordance with the drawings, specifications, general conditions of the contract and other documents and papers listed in paragraph 4 of this Agreement (all of such drawings, specifications, general conditions of the contract and other documents and papers herein referred to as the "Contract Documents copies of which are hereto attached, the Contractor having put in a Tender therefor, a copy of which is hereto annexed, which said Tender has been accepted by the Council of the Corporation; NOW THEREFORE THIS AGREEMENT WITNESSETH that the Contractor and the Corporation hereby mutually covenant and agree each with the other with respect to the said work as follows: 1. The Contractor covenants and agrees with the Corporation to execute and perform the whole of the work and furnish all the labour, materials and equipment necessary for the application of HL3 F and HL8 HS, base repairs and asphalt milling etc., on designated roadways, City parks, parking 2 lots and other City properties or agencies within the limits of the City of Niagara Falls, together with all other works and appurtenances as specified in the Contract Documents and Tender, with due expedition and in a thoroughly workmanlike manner in strict accordance with the provisions of this Agreement and the said Contract Documents and Tender and thereafter to maintain the work for a period of one year from the date of completion in accordance with paragraph GC7.15 of the Ontario Provincial Standards General Conditions of the Niagara Peninsula Standard Contract Document and that in the execution and performance of the said work the Contractor will carry out, perform, observe, fulfil and abide by all the covenants, agreements, stipulations, provisoes and conditions mentioned and contained in the said Contract Documents and Tender to be carried out, performed, observed and fulfilled by the Contractor to the same extent and as fully as if each of them was set out and specifically repeated in this Agreement. 2. The Contractor further covenants and agrees with the Corporation as follows: (a) The said Contract Documents and Tender are intended to cover and provide for first class completed work in all respects and everything necessary to carry out this intent and which may reasonably be implied from the said Contract Documents and Tender shall be done by the Contractor although not particularly referred to therein; (b) To commence work on March 20, 2007 or as otherwise advised upon notification from the City Engineer and to proceed continuously to completion in accordance with paragraph GO .06 of the Ontario Provincial Standards General Conditions of the Niagara Peninsula Standard Contract Document. The Contractor further agrees to pay to the Corporation the sum as specified in the Special Instructions to Bidders for liquidated damages for each and every working days' delay in finishing the work in excess of the number of working days taken beyond the completion date and as set out in G17 of the Special Provisions General of the Niagara Peninsula Standard Contract Document; (c) That the Contractor has examined the site of the work and has satisfied itself as to the working conditions, the nature and kind of work to be done, the special risks (g) (h) 3 associated therewith and as to any and all matters which may be necessary in order to form a proper conception of the conditions under which the work will require to be performed; (d) To provide a Performance Bond for the full and due performance of the work provided for herein at the unit prices as specified and for the maintenance of the said work for a period of one year after acceptance thereof, payable to the Corporation for 100% of the Tender price; (e) To provide a Labour and Material Payment Bond for 100% of the Tender price on all labour and material purchased by the Contractor and used in the performance of the work; (f) To deliver to the Corporation on or before the execution of this Agreement the policies of insurance in accordance with the following provisions in the Contract Documents: paragraph GC6.03 of the Ontario Provincial Standards General Conditions of the Niagara Peninsula Standard Contract Document, To provide evidence that all the Contractor's employees are covered by the provisions of the Workplace Safety Insurance Board Act and to pay all assessments in respect thereof; To indemnify and keep indemnified and save harmless the Corporation and each of its officers, servants and agents from and against all actions, suits, claims, executions and demands which may be brought against or made upon the Corporation, its officers, servants and agents and from all loss, costs, charges, damages, liens and expenses which may be paid, sustained or incurred by the Corporation, its officers, servants and agents by reason of or on account or in consequence of the execution and performance of the said work or of the non execution or imperfect execution thereof or of the supply or non supply of plant or material therefor; (i) 4 To pay to the Corporation and to such officer, servant or agent thereof, on demand, any loss, costs, damages or expenses which may be paid, sustained or incurred by the Corporation or any of its officers, servants or agents in consequence of any such action, suit, claim, lien, execution or demand and any moneys paid or payable by the Corporation or any of its officers, servants or agents in settlement or in discharge thereof, or on account thereof and that in default of such payment all such loss, costs, damages and expenses and any moneys so paid or payable by the Corporation, its officers, servants or agents and also any moneys payable by the Contractor under any of the terms and conditions of this contract may be deducted from any moneys of the Contractor then remaining in the possession of the Corporation on account of this or any other contract or may be recovered from the Contractor or the Surety or Sureties named in the said Bonds in any court of competent jurisdiction as moneys paid at their request or from any insurer under a Contract of Insurance; (j) And the Contractor hereby authorizes and empowers the Corporation or its Solicitor for the time being, to defend, settle or compromise any of such actions, suits, claims, liens, executions or demands as the Corporation or its said Solicitor may deem expedient and also hereby agrees to ratify and confirm all the acts of the Corporation or its Solicitor in that behalf and to pay to the Corporation on demand all reasonable costs of defending, settling or compromising any such actions, suits, claims, liens, executions or demands as the Corporation may deem it expedient to defend, settle or compromise and that in default of such payment the same may be deducted from any moneys payable by the Corporation to the Contractor on any account whatever. Provided, however, that the Contractor may at the expense of the Contractor, take charge of and conduct the defence in the name of the Corporation to any such action, claim or suit. 3. The Corporation covenants and agrees with the Contractor to make payments for the due and proper execution of the work at the times and in the manner specified in the provisions of the Contract Documents, but subject to the liquidated damages specified in paragraph 6 of the Special Instructions to Bidders, and in accordance with paragraph GC8.02 of the Ontario Provincial 5 Standards General Conditions of the Niagara Peninsula Standard Contract Document and Supplementary General Conditions of the Contract Document. 4. It is mutually understood and agreed between the parties hereto as follows: (a) That the documents and papers set forth below shall form part of this Agreement, namely: (i) Special Instructions to Bidders; (ii) Special Provisions Supplementary Special Provisions; (iii) Schedule of Drawings Municipal Standard Drawings: Sub -Drain Detail 100mm -150mm Perforated Pipe CS 4 -15(M) Rev. 3, City Half Load Roads in March April Section 315 29 and Regional Half Load Roads in March April Section 315.30; (iv) Ontario Provincial Standard Specifications (OPSS) GC Nov 2006, 102 Oct 92, 127 Apr 2006, 180 Nov 2005, 201 Nov 2003, 206 Nov 2000, 310 Nov 2004, 311 Apr 2004, 312 Apr 2004, 313 Nov 02, 314 Nov 2004, 405 Nov 2005, 407 Nov 2004, 408 Nov 2004, 410 Nov 2006, 501 Nov 2005, 503 Nov 2005, 504 Nov 2005, 506 Nov 2005, 510 Nov 2006, 514 Nov 2005, 515 Nov 2005, 516 Nov 2005, 543 Dec 90, 570 Aug 90 and 571 Nov 2001; (v) Ontario Provincial Standard Drawings (OPSD) 507.010 2001/11 and 509.010 2006/11; (vi) Supplementary General Conditions; (vii) Schedule "A" Approved Financial Institutions for Letters of Credit; (viii) Appendix `B" Sample Irrevocable Letter of Credit for Tender Deposits; (ix) Appendix "D" Certificate of Insurance; (x) Agreement to Bond; and NIAGARA PENINSULA STANDARD CONTRACT DOCUMENT (i) Foreword Revision List; (ii) Guidelines; (iii) Sample Tender Package, including Title Page, Table of Contents, Special Instructions to Bidders, Form of Tender, Form of Agreement, Schedule of Drawings, Geotechnical Report; (iv) Instructions to Bidders; (v) Special Provisions General; (vi) Special Provisions Contract Items; (vii) Standard Drawings including OPSD 219.211 and 219.212; (viii) Supplementary General Conditions; and (ix) Ontario Provincial Standards General Conditions; all of the above herein referred to as the "Contract Documents and (b) (c) 6 Tender of the Contractor dated March 6, 2007; That the work as hereinbefore set forth shall be performed and completed to the satisfaction of the Engineer for the Corporation; That this Agreement shall extend to and be binding upon and enure to the benefit of the successors and assigns of the Contractor and the successors and assigns of the Corporation; and (d) That the word "Contractor" wherever used in this Agreement and the documents listed in clause (a) hereof, shall, where the context or the party or parties hereto so require, be construed as if the plural had been used and the rest of the sentence shall be construed as if all other changes thereby rendered necessary had been made. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested by the hands of the proper signing Officers in that behalf and the said signing Officers certify that they have authority to bind their Corporation. NORJOHN COs TING AND PAVIN THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Na Title: 9 R. T. (Ted) Salci, Mayor Dean Iorfida, City Clerk CITY OF NIAGARA FALLS By -law No. 2007 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 70 to the City of Niagara Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to the Regional Municipality of Niagara for approval. 3. This by -law shall come into force and take effect on the day of final passing thereof. Passed this sixteenth day of April, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 16, 2007 April 16, 2007 April 16, 2007 PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 70 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES The "Area affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. 70 shall be identified as Special Policy Area "50" on Schedule "A" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.50 SPECIAL POLICY AREA "50" Special Policy Area "50" applies to 85.68 hectares of land located north of Thorold Stone Road, west of Taylor Road, south of former Mountain Road and east of Thorold Stone Road (Township Lots 31, 49, 50 and 66 in the former Township of Stamford). The land is designated Extractive Industrial in the Official Plan and has been used for aggregate extraction. Notwithstanding the policies contained in Part 2, Section 10 Extractive Industrial regarding final rehabilitation of the site for agricultural use, an interim land use consisting of a non hazardous, solid waste landfill use shall be permitted. The landfill shall operate as part of an integrated system of waste management facilities located on adjacent lands. The adjacent waste management facilities may include, but are not limited to, residential and small business recycling; yard waste and waste drop -off; composting for organic waste; landfill gas collection and distribution for re -use; recycling of asphalt, concrete, glass and other ICI (Industrial, Commercial and Institutional) materials, haulage for waste and recyclables and a bio- solids management facility. The maximum annual capacity of the landfill site will be 750,000 tonnes accommodating waste from the Province of Ontario. An additional capacity of up to 100,000 tonnes may be used by the Regional Municipality of Niagara for contingency /emergency waste residuals. 14.50.1 The landfill use is expected to operate for 20 to 25 years commencing in 2009. Site preparation may take place prior to the commencement of landfilling. 3 14.50.2 Landfilling will be done in phases. Final rehabilitation, to an agricultural land use, shall take surrounding land use and approved land use designations into consideration. Plantings and landscaping required through the approval of the Environmental Assessment shall remain throughout and subsequent to the rehabilitation of the lands to an agriculture use. 14.50.3 All necessary approvals under the Environmental Protection Act shall be obtained prior to commencement of the landfill use. Other approvals, such as under the Ontario Water Resources Act, shall be obtained as required. 14.50.4 The City may enter into an agreement to address the Host Community Compensation program to ensure land use compatibility with the surrounding area. R: 10 IS— Requeamk2WSaehedulesVwinNMUM -04WaPpe&mmp MAP 1 TO AMENDMENT NO. 70 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change To Add: SPECIAL POLICY AREA 50 CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN I0A ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE NIAGARA ESCARPMENT PLAN AREA NOTE: This schedule forms part of Amendment No. 70 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text w N I:NTS AM- 44/2006 March 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the council of every municipality may pass by -laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Park Street Plan 9 Town of Niagara Falls aka Union Avenue; in the City of Niagara Falls, is hereby permanently closed. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this sixteenth day of April, 2007. DEAN IORFIDA, CITY CLERK R.T. (1ED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 16, 2007. April 16, 2007. April 16, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16t clay of April, 2007. 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 16t day of April, 2007 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 sixteenth day of April, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 16, 2007. April 16, 2007. April 16, 2007.