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Additions 2009/03/23 ADDITIONS TO COUNCIL MONDAY MARCH 23 2009 COUNCIL Planninq 1. PD-2008-013 - AM-2008-013, Elgin Industrial Area - Cytec and Buttrey Street Areas a) Correspondence from Steven A. Zakem, AIRD & BERLIS LLP 2. PD-2009-24, AM-2009-003, 4001 Weaver Road, Proposed Tourist Home Note: Some Council packages may have been missing this report Communications 1. Additional emails opposed to Downtown BIA budget Note: There have been 5 additionai emails since Friday that are now included 2. Emails in support of the Downtown BIA budget 3. Correspondence from Fayann Guilbeault, Martin Sheppard Fraser re: Legal Opinion, BIA General Members meeting vote 4. Memo from Ed Dujlovic, re: Toward a Zero Waste Future Ministry of Environment Waste Diversion Act 2002 Reports 1. 2009 Capital Projects Budget and 2009 General Purposes Budget power point presentations. 2. Request to speak related to MW-2009-12 - Historic Drummondville CIP Area, Capital Works Improvements Program Funding By-laws 1. By-law 2009-50 - Schedule of Fees Minor change on page 15, Tender pocuments fee now $50.00 2. Additional By-law 2009-51 - A by-law to amend By-law No. 79-200, to regulate the land uses within the Warren Woods (East) plan of Subdivsion Council Information 1. AMO Conference - 2009 Companion's Program iyj~v<ioV4 AIRD ~i $ERLIS u.p ~arcisters and SolitRars 5t@yen A. ZBkem direct: 416.b65.3449 E•mail: r~akem~airtf6erlis.com March 23, 2Q08 VIA FACSIMILE & ~flAAIL Dean lo~ida Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falis, ON, L2E 6X5 Dear M~. lo~d8: Re; PD.Z009-15 AM•2008-013, Official Plan and Zoning By.faw Amendments Elgln Industrial Area - Cytec and Buttrey Street Areas P~oRosed Additlon of a Tourist Commerclal Qutlet Mall by Crmss-Link Brid e Cor oration in tlie 8utfre Street Area We act on behalf of Crosslink Bndge Corp, with respecF to the above-no~ed matter. We have reviewed the above-nated Staff Report which recognizes that the land use planning and transportation issues with respect to the Crosslink applications have been resolved. There appears to 6e some continuing concem regarding the Market F~asibility Study undertaken by John Winter and Associates. As a rasult, and withou: accepting the validity of the concems expressed, our client is prepared to continue to wark with the City if Niagara Falls and the Region of Niagara in an effort ta complete a pear review of our clienYs Feasibility Study. Nevertheless, it is critically important that our client's proposal continue to be advanced. As such, we are suggesting a compromise which would have Council approve the OfFicial Plan Amendment and adapt that amendment at the next meeting of GouncPl. The Zoning By-law Amendment application would also be appraved subject to the reczipt of the peer review and Would be br0ught back to Councll on or before May 4, 2009 foradoptlon. This will allow the Offrcial Plan Amendment to be considered by CoUncll and, if adopted, to be fonvard tp the Region for approval. While the Region is considering the tlfficial Plan Amendment, the peer review can be cpmpleted and the By-law brought forward to Council for adoption. The above-referenced Staff Report represents a significant 2~dvancement of this process and we look forvvard to continuing to work with Staff and Council in ardert~ achieve this important development. In this regard, upon approval of the pfficial Plan ,~mendmenY by City Councii, our client will begin preparation of site plan drawings for fling with the City in an effort to move the project folward. Please see the ariached proposed resolution which we request Counci! adopf at its meeting on March 23, 2009. Our client's representatives will be in atlendance at Coun~il to speak to this matter. Brookfield Place, tA~ Aey S~reet, Suite 1800, Box 754. Taronto, ON . MSl 2T9 • Canada T476.663.1500 F416.653.i51S ~ www.airdbe~lis.com I I - _ _ - ~ , March 23, 2009 Page 2 Yours very truly, AIRD 8~ BERLIS ~~a 5teven A. Zak SAZ/sw cc. Rick 6rady N. Jane Pepino 4996684.1 f~URD ~r $E:RUS up eam.ar, ma saMwn ~~~w io.~i r~n vio aoa ioi~ A1nU b tltRL1J LLY ~ 004/004 PROP03ED RESOLUTION CROSS-LINK $RIBGE CURPORqTTON REPORT FD-2009~15 NLAGARA FALLS FILE NO. AM-2U08-013 That re~ommendation 2 of report PD-2009-15 be deleted and replaced wi.th th~ following: 2. T1~at Council approve the proposed Official Plan Amendment £or the proposed addition of a tourist commercial outlet mall by Cross-Liuk Bridge ~orporation in the Buttrey Street Area 3. That the proposed Officia] Plan Amendment for the proposed addition of a tourist commerci~l outlet mall by Cross-T.irilc Hridge Corporation in the t~uttrey Street Area be brought forwazd tv Council for adoption at its next meeting. 4. That following the adoption of the pmposed Official P1an A~endment for the proposed addition of a tourist commercial ouUet mall by (~ross-Link Bridge Corporation in the Suthrey Street Area, the Region be request~d to approve the Official Plan Atnandment as soon as possible. 5. That Council approve the proposed Zoning gy_~a~, p~endrnents for the proposed addition of a tourist coznmercial outIet mall 6y Cross-Link Biidge CorporaGon in the But~ey Streat Area subject to the completion of a peer review of the, Mairket Stttdy, 6. That planning Staff bring forward to Council the proposed Zotiing $y_~a~, amendments for the proposed addition of a tourist cammercial out:lat mall by Cross- I~ink $ridge Corporation in the But4ey Street Area as soon as possible and, ~n ~y event, no later than May 4, 2009. 499fi335.1 ~ - ~ PD-2009-24 NI~~~Y°~~aIIS C A N A D q His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Fails, Ontario Members: Re: PD-2009-24 AM-2009-003, Zoning By-law Amendment Application 4001 Weaver Road Applicant: Gary Landry Proposed Tourist Home RECOMMENDATION: That Council approve the Zoning By-law Amendment application to permit the existing dwelling on the land to be used as a tourist home (bed and breakfast) with a maximum of four (4) bedrooms for tourists. BACKGROUND: Gary Landry has requested an amendment to Zoning By-law No. 395, 1966 (Township of Willoughby) for a 9.3 hectare (22.9 acre) parcel of land known as 4001 Weaver Road, as shown on Schedule 1. A single detached dwelling is under construction on the property. The applicant proposes to use this dwelling as a tourist home with a maximum of four (4) bedrooms available for tourists. Refer to Schedules 2 and 3 for details of the property. The land is currently zoned Rural, in part, and Conservation and Open Space, in part, in accordance with By-law No. 395, 1966. The dwelling is located on the part of the property zoned Rural. The Rural zone does not permit tourist homes. The Rural zone is requested to be amended site specifically to add a tourist home, with four (4) bedrooms available to tourists, to the list of permitted uses. Site Conditions and Surrounding Land Uses Most of the subject land is used for agriculture. The dwelling is located in the northeast corner of the property. Ussher's Creek flows over the southeast corner of the property which is wooded. Surrounding lands are mainly used for agriculture, with some wooded areas. Several Rural ~ dwellings exist on the prope '-~;~east of Willoughby Drive. Community Services Department Working Togefher to Serve Our Community P~anning & Development i ~ March 23, 2009 - 2- PD-2009•24 Circulation Comments • Regional Municipality of Niagara - No objections. The bed and breakfast is a secondary use to the residence and will not affect current and future land uses. - A private sewage permif has been issued for a system to service a 6 bedroom residence. The proposal does not result in additional private sewage capacity issues. • Niagara Peninsula Conservation Authority (NPCA) - No objections. Permits have been issued by NPCA for the dwelling. • Fire Services - No objections. Any concerns can be addressed through the normal Building Permit process. • Municipal Works, Transportation Services, Legal Services - No objections. Planning Analysis 1. The proposed tourist home complies with the O~cial Plan. The subject land is designated Good General Agriculture, in part, and Environmental Protection Area, in part. The dwelling is located on the part of the land that is designated Good General Agriculture. Lands designated Good General • Agriculture are intended to be used for agriculture, conservation, forestry and farm related dwellings. Lands designated Environmental Protection Area (under which Ussher's Creek and related woodlands on the subject land are designated) haVe natural features that are intended to be protected. The Official Plan policies allow bed and breakfast establishments (up to 6 bedrooms) to be considered as an accessory use to an agricultural or residential use in the Good General Agriculture area. These establishments are to be operated by a permanent resident of the existing dwelling and are to be regulated through a Zoning By-law amendment as to their location, size and traffic generation to minimize disturbances to adjacent properties and to ensure the private sewage disposal system can satisfactorily accommodate the bed and breakfast. The proposed tourist home complies with the Official Plan as follows: - The utilization of the dwelling for a tourist home will not impact the agricultural use of the property. - The 4 bedroom bed and breakfast is not expected to generate significant traffic volumes as to impact the road system. March 23, 2009 _ 3 _ PD-2009-24 - Because of the size of the property, the subject dwelling is removed from other dwellings and is not expected to impact surrounding properties. - The adjacent environmental lands (Ussher's Creek and associated woodlands) will not be impacted. The dwelling and parking area have been constructed outside of the Regional flood line. - Sufficient capacity exists in the private sewage system to accommodate the tourist home. 2. The requested Zoning By-law amendment is appropriate. The applicant has requested site specific provisions to be added to the Rural zoning that applies to part of the property to add a tourist home (commonly called a bed and breakfast) with 4 bedrooms to the list of permitted uses. The Conservation and Open Space zoning that applies to Ussher's Creek is not affected by the requested zoning. The dwelling is designed to accommodate the tourist home use and no other zoning regulations are affected. ' The parking area can accommodate at least 6 parking spaces while the dwelling's garage can accommodate 3 vehicles. As one space is required forthe dwelling and one space is required for each of the tourist rooms, there is sufficient parking available for this use. CONGLU510N: The requested Zoning By-law amendment can be supported for the following reasons: - The proposal complies with the intent and purpose of the Official Plan respecting tourist homes in agricultural areas. - The agricultural and environmental components of the property and nearby residents will not be impacted by the tourist home use. - The private sewage system on the site is of a sufficient size to accommodate the tourist home. Recommended by: /~,Q,{a, ~~~A ~n ~ Alex Herlovitch, Director of Planning & Development Approved by: Ed ujlovic, Executive Director of Community Services A.Bryce:mb Attach. S:IPDR~2009VPD-2009-24, AM-2009-03,Landry, 4001 Weaver Road.wpd ~ Schedule 1 ' LOCATION MAA Suhjeet Land~ - ~ s s k~ •75ao i=; a= ~x: ~ s: i fi s~ } i: ~s f;: ~y €y'. n, ii: u1. T~' - ~ tY~i .f;.:Y. F V.::. } .'a~/%`~~-~ ~ ~F § § S ~d: Ae x sK (Z ~ ~ 4i_ Capyright2009 - fity of agara Falls - Amending the Zoning By-law No. 395, 1966 Location: 4001 Weaver Road Applicant: Gary Landry AM-2009-003 February 2009 ~chedule 2 WILLOUGH$y--- DRIVE A , ; - , ~ i~~ i i ~ , a_____ y I I ` I I ! a . "'j ^i I . ~ _ ~ I . I _ .e u s M;. ~ ~ ~ . ~ I 1 ~ . ~ ~ . ~ ~ ~ I I I . ~ i - . . I I ~ ~ ~ 680,7' ~ ~ ~ ~ I I O rtooarwn ' c~ j ~ v . ~ umr ~ n ~ v~ ~ i I M i _ i ~ ~ i ~ i ~ I ~ ' ~ • ~ ~ ~ r.'r~~„~s, ~ ~ . • . ~ i - ; ~ ~ Y ~$1`.y , . . ~ i I . ~ ~ i ~ . I ; ~ 1 . 1 I I . `k'~`` -s. ~ - . ~ ~ . . 1 I - ~ l ~ z~ ' ' ~y ' ~ . Q. ~ o,~ ; _ . i ; ~ - ~ i _ ~t . . ~ \ ' ~ . I ; ~~;i.:~,~~. ~ I ~ 1 . I , i ~ - i ~ 1 I ~ . ~ ~ ~ ~ ~ ~ ~ 1 'F ~ L"_"_~ I . ----j----------~ ~ ~ ~ b I 1 ~ ~ I ' r""""" I a ~SEB SHEET 2j ' i i i o,r i ~ I I ~ ~ . I I . I I '^.~~r• . ai i . ?~s] - C~ I ~ ~ ~ 1 f,., . ~ i . ~1 l~~ 1 ~ ~ `~.I ~ , 1` 1'~~~ ~ ~ ~ 1 , \ ~ / f' ' v 1 i I aT.t' I I I ~ ~ I I ~ ~ ~ I I ~ i , Schedule 3 - 5 ~ ~ 3.~~~' ~ i . . S " . ~LV ! - '~l~l~ ~ S+2 - `I^ a LFx~ a~~ v4 i~..3~[3.'~r vy~ ~ • s~+ cl , ~ ~y 1'+'°Y ~d f'' i.l ~i~ p C ; + .~.r y E t~ r - { I x V~O.~, . ~ .L•. `~^'i'm'':~~. ~t, . ~ „ ~ . ~C' , fj ~ . 5~ ~ 'ri li. /.,4'~~ A . ~ \ ~ : ry ..y . ~ } . H. 0 ' ; ° ~ i` s oeFS ~ ~ G r N 't in ~ ..y,. ~ ~ ' FL PWN. ~ ~ y . a" ~ x y:. ~ MR ~ ~ - i; . N . ro ~ r~. i ~ ~ ~ ~ ~ ' ~ . . . . ~C% ~ . '+j ' ' ~ 56A5 > j p~ L n' ~ \O ` y~T~; ~~p R~~J ~ ~ ~g5 ~ ~ ~ s~rJ: ~ a t c~ ~ ~ . , f . . FF~f- ~ , x~ \ ~r' ~ •Y s~ 1 c ``~rn~ _ ''..s.~. I , v~,_'. ~~~.i' ~ - 1~ `G ~ ''i~ J>> ~ ~ ~.n . I ~ ~-ms ~ 'S' ^ -s ~ fi ~ ~ t . srzs I ..~4',~. S;:~r . ~ ..o . . ~ ~J)~ 'v . I r4 ~ i~ ~ ..,J r.•. i ~ ~ ~ i ~ \ ,.tM,_ - i ~ ~ ~ I..~, Planning ~ O Scennetl NOCL ~~Ci. ~_Poe 7.ONi_ ni(?~_ ~ Region PUBLIC WORKS DEPARTMENT Development Services Division 2201 51. 6avid's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel; 905-685-1571 . Toll-free:7 -000-263-7215 . Fax: 905-b87-gp56 www.niagararegion.ca - February 26, 2009 File: D.18.04.ZA-04358 Mr. Andrew Bryce Planner 2 Planning & Development City of Niagara Falis 4310 Queen Streel, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: AM-2009-003 , Zoning By-Law Amendment Application To Permit a 4 Bedroom Bed & Breakfast 4001 Weaver Road Cify of Niagara Falls Regional Development Services staff has reviewed the information circulated for the above noted Zoning By-law Amendment application. The purpose of the amendment is to add site specific provisions to the existing zoning of the property to allow the dwelling to be used for a bed and breakfast. The amendment will facilitate the development of a three unif townhouse dwelling on the property. The property is located within the ~Iloughby Study Area for the City of Niagara Falls according to Regional' Policy Plan Amendment number 170. The Wilfoughby Study Area has been identified as an area where urban development may be directed in the long term. The Region is currently working on its Growlh Study, which will determine the appropriateness of this area for future urban development: In the interim, development that could jeopardize the e~cient future urban use is not permitted. Existing uses can continue and expansions or change in use can be considered provided that the expansion or change in use does not jeopardize the orderly development of the area for urban uses. A dwelling is currently under construction on the property and the rezoning would allow four bedrooms within the dwelling to be used for a bed and breakfast. Given that the bed and breakfast will be contained within the existing dwelling and wifl function as a seoondary use to the primary residential use of the property, the proposal should not jeopardize the future urban use of the area. Therefore, Regional staff has no objections to the rezoning application from a land use perspective. According to the Region's Core Natural Heritage Map, an Environmental Conservation Area, a Potentiai Natural Heritage Conidor, and Fish Habitat are located on the Environmental Conservation Area gene~ally represents the shoreline buffer a v~~ Suildrng Comm~nity; 8uilding Lives. FEB 2-r Z~ PLANNING & DEVELOPMEN7 -z- Creek and a significant woodlot. In addition, Usher's Creek is identified as fish habitat. In accordance with the Memorandum of Understanding and the protocol between the Region and the Niagara Peninsu~a Conservation Authority (NPCA), the NPCA shall be responsible for the review and comment of all planning applications for impacts an the natural environment. The NPCA will provide Provincial and Regional comments under a separate letter lo the City. Technicai staff advises ihat a sewage permii has been issued for a system to service a residence with a maximum of 6 bedrooms. The proposa~ does no4 result in additional private sewage capacity issues. In conclusion, Regional staff has no objections to the proposed rezoning application from a Provincial or ftegional perspective provided that any requirements of the NPCA are met and that the City is satisfied local concerns, if any, have been addressed. Please send notice of the City's decision and minutes of the meeting when available. Yours truly, -''~{'(J1P_e, Sue Mabee Planner ~ I ~ i ~ I ~ ~ (3112/2009) Dean lorfida FW Downtown Levy - ~ Page 1 From: "Valerie Budzinski" <vbudzinski@trebnet.com> To: <diorfida@niagarafalls.ca> Date: 3/12/2009 1:06 PM Subject: FW: Downtown Levy To all City of City of Niagara Falis Coucil Members: RE: The new Budget that will go before Council on Monday March 23rd 2009. we are opposed to new Levey BIA increase we [Valerie Budzinski & Peter Pateras], are the owners of the Downtown Niagara Coin Laundromat located at 4620 Buckley Ave, in Niagara Falls. Thank you, Valerie Budzinski & Peter Pateras. (3/12/2009)`-Dean lorfida BIA Levy Increase " - - ~ Page ~ij From: "Jules Sigler" <jules@prpgrp.com> To: <diortida@niagarafalls.ca> Date: 3/12/2009 4:20 AM Subject: BIA Levy Increase CC: "Carolynn loannoni" <ioannoni@niagarafalls.ca>, "Peter Di lalla" <pdilal.,. Dear Sir, We ask you to present this message to the municipal council in support of our opposition to the proposed increase in the Business Improvement Association levy for powntown Niagara. Having had, throughout Ontario, decades of experiencing the minimal, if any, contributions of business improvement associations, we cannot support an increased cost to ourselves or our tenants. Niagara, like most municipalities, must more properly rely on innovative planning which will encourage major development investment rather than BIA programs whose feeble attempts to increase business activity will likely include no more than brochure publications, street banners, special days and the employment of other equally ineffective short term, short-lived marketing strategies. An holistic co-operative approach uniting all interests and stakeholders within the city, rather than the existing limited balkanized view, which seems geared to protecting the narrow views of limited parts of the business community. Escarpment Properties Ltd. Per: Jules Sigler President _ - . . - - - ~ ~3112/2009)~ean lorfida Proposed BIA Levy ~ ~ - ~ ~ - - - _ _ _ - _ _ Page 1~ . From: "Byrne, Marie" <MByme@hatch.ca> To: <diorfida@niagarafalls.ca> Date: 3112/2009 2:59 PM Subject: Proposed BIA Levy Attachments: SDOC4215.pdf Dean Please find attached letter from Joe Tibensky, Global Director of Real Estate for Hatch. Regards Marie Byrne Hatch 2800 Speakman Drive Mississauga, Ontario L5K 2R7 Tel: 905-403-4063 +**nYkrt4*+5*kh*rt4kkrt**44rtrt**a NOTICE - This message from Hatch is intended only for the use of the individual or entity to which it is addressed and may contain information which is privileged, confidential or proprietary. Internet communications cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, arrive late or contain viruses. By communicating with us via e-mail, you accept such risks. When addressed to our clients, any information, drawings, opinions or advice (collectively, "information") contained in this e-mail is subject to the terms and conditions expressed in the governing agreements. Where no such agreement exists, the recipient shall neither rely upon nor disclose to others, such information without our written consent. Unless othenvise agreed, we do not assume any liability with respect to the accuracy or completeness of the information set out in this e-mail. If you have received this message in error, please notify us immediately by return e-mail and destroy and delete the message from your computer. (3112/2009) Dean lorti~ SDOC4215 pdf ~ ~ ' ' - _ - _ _ - _ Page 1 Sheridan Science and Technology Park, 7000 Speakman Dnve ~ HATCH'M Mississauga, OnGno, Canada LSK 2R] Tel. 905 855 7600 • Fax: 905 O55 0270 • www.halch.ca Marth 11, 2009 Deao lor(ida City o( Niagara Falls 431 ~ Queen Street Niagara Falls, Orhrio L2E 6X5 Dezr Dean SubjecL• Propased BIA Levy . ~ ~ ~ I understand Niagara City Council are meeting on March 23, 2009 ro discuss the proposed increase in ihe ~ BIA budgef from $180,000 to 5500,000. Approval of this budget would mean significant increases in taxes which will be passed on from landlords to tenanis. I As a tenan~ of 4342 Queen Street, Niagara Falls, Hatch s[rongly oppose the proposed increase. In [his current I economic dimate increased taxes will have a signifcant impact on our business operation. If ouhavean ~ y y questinns please do not hesitate to mnlact me at 905-403-4240. i Yours (aithfully, ~ I cTra. 226¢,uk5 I L. /Joe Tibensky i ~ I Global Director Facilities I ~T:mb I I50 9007 Pra~utlelAt ~~VO~Nl~gtag¢~he~ fW-MazdiXp9.0a aHal<I~IW9b1 G3/23/2009 11:43 FAX 9053568938 MCBURNEY ~UR~AN ~ 002;0 02 . Mcg[TRN~X, DURDAN, H~1V~~XtSU~V 8r CORBETT I smrixfers, Salicitorr, Nofarier A.U. NENU~KSON, B.A, LL,B. MAILWGADDflL55: F.C. MCDURNEY, (i.C. (l811d 963) ft.E. CURBEIT, B.A, LL.B_ P.O. BOA 177, NL4GAAA FALL5, ONTAAIO, CANADA, LZE 61 J Y,V. MCBUANEY, Q.C. (14U3-1978) - R.E. DURDAN, M.B.A., LLH. ~ R.S. DURDnN, R.A. (1912-I9g1) ~ 4759 QUEEN STREEI' ~ NIAGARA FALLB: ONTARIQ L2E 2MI TP,LSPHONE (905) 356-3517 PAX (905) 35d-8938 OFFICE E-MAIL FALLSLAW@NIAGARA.WM OIRF.C,T F.-MAII. I.AWRF,D(e~NIAGARA.CpM March 23, 2009 SENT BY FAX OT'LY Mayor Ted Salci and Members of Council City of Niagaza Falls 43 ] 0 Queen 5treet P.O. Sax 1023 Niagara Falls, O~I L2~ 6~5 Dear Sizs/Madams: Re: Darvntown SIA Bud~ On behalf of our fum, we are opposed to the increase appraved by fhe Downtown BIA Board in the 2009 Budget frorn $180,000.00 w $500,000.00. In these uncertain economic times, this substantial increase would not be feasibie for many businesses. We request you do not approve the Downtown BIA Budget for 2009 and freeze it at $180,000.00. Yours very truly, McBURNEY, DTJTiDA1V, T~NDERSQII' & CORB~TT Per: fl ~....1~ ~ Rass E. A dan RED/cas , - _ (3/23/2009) Dean lorfida Opposition to Downtown BIA Levy Increase _ Page 1 1 _ __-___J From: Dragan Karadzic <drazic.inc@hotmail.com> To: <jdiodati@niagarafalls.ca>, <sfisher@niagarafalis.ca>, <joannoni@niagara... Date: 3/23/2009 11:14 AM Subject: Opposition to Downtown BIA Levy Increase Attn: Council I am writing you to express our deepest frustration over the information that we recently received. As a business owner, with our offices located in the Downtown, we must admit that we are extremely unsatisfied with the recent motion passed by the BIA at their Annual Downtown General Meeting to increase the budget. At this moment with the economy declining, and unemployment on the rise, small businesses are struggling to cope in an extremely volatile environment to stay afloat. The last thing that we need is another expense increase, especially one that is much too significant for our business to absorb. We simply cannot afford this increase. With a significant increase in our levy, our taxes will also result in increase. We were thinking that everyone will be happy that we were running our business in downtown. In addition, we have never received any info in regard to the BIA's financing activities and such. This letter is clearly an expression of our strong OPPOSITION to the BIA's increased Budget. Please make sure to understand without business owners like myself running our operations in the downtown of Niagara Falls, the downtown itself is going to hurt in the end. Drazic Inc. 4738 Valley Way Niagara Falls, ON L2E 1 W1 Dragan Karadzic: (905) 348-1958 Fax: (905) 354-4845 Email: drazic.inc@hotmail.com Reinvent how you stay in touch with the new Windows Live Messenger. http: //go. m icrosoft. com/?I in kid=9650731 _ (312 312 0 0 9 Dean lorfida Downtown BIA~CE~ E Vl' INCREASE T - 8 :I From: "Joyce" <joycevc@cogeco.ca> To: <tsalci@niagaratalls.ca> Date: 3/23I2009 10:41 AM Subject: Downtown BIA LEVY INCREASE CC: <jdiodati@niagarafalls.ca>, <sfisher@niagarafalls.ca>, <joannoni@niagara... Dear Ted Salci, We are writing you to express our deepest frustration over the information that we recently received. As a business owner with our offices located in the Downtown, we must admit that we are extremely unsatisfied with the recent motion passed by the BIA at their Annual Downtown General Meeting to increase the budget from $180,000.00 to $500,000.00. At this moment with the economy deciining, and unempioyment on the rise, small businesses are struggling to cope in an extremely volatile environment to stay afloat. The last thing that we need is another expense increase, especially one that is much too significant for our business to absorb. We simply cannot afford this increase. Wth a significant increase in our levy, our taxes will also result in increase. We were thinking that everyone will be happy that we were running our business in downtown. In addition, we have never received any info in regard to the BIA's financing activities and such. This letter is clearly an expression of our strong OPPOSITION to the BIA's increased Budget. Please make sure to understand without business owners like myself running our operations in the downtown of Niagara Falls, the downtown itself is going to hurt in the end. We should be promoting business in the downtown, not turning it away. DO NOT VOTE FOR THIS DECISION. Support our businesses in the Downtown. Sincerely, Davor Perhot Owner Painting and More Inc. _ ~ _ - S3/23/2009) Dean lorfida Gary Butler of M Butler msurance Brokers re Downtown BIA budget Page 1? From: °Gary Butler" <gary@mbutlerinsurance.com> To: <tsalci@niagarafalls.ca>, <jdiodati@niagrafalls.ca>, <sfisher@niagrafall... Date: 3/21/2009 12:48 PM Subject: Gary Butler of M. Butler insurance Brokers-re Downtown BIA budget Mr. Mayor antl members of Council' I apologize for the lateness of these remarks, however was away and just returned-was not able to attend the BIA annual meeting either-under normal circumstances would not anyway, there has not been anything of interest for the past 25 years apparently until now. My purpose here is to First ask you to REJECT THIS RIDICULOUS BUDGET- a 300% increase in this economic climate is absurd, we along with most small business are cutting back on our expenses as with everyone else our investments are down and we expect a reduction in business over the next several years thus this situation cannot be ailowed to go ahead. Secondly -we would like your support to either EXEMPT all none retail business from the BIA levy or limit our participation to what was the original intent of the Downtown Board of management -Christmas Lighting and later beautification ( floral baskets)-we should not be expected to fund the promotion of other business's through signage and events that have absolutely no beneft to our type of business's. Our office has been in the same location on Valleyway between Victoria Ave and Queen for now 37 years. During that time we have maintained our building and property, done our own advertising and promotion and customer solicitation without one penny of funding from Municipal or any other government body and never received any funding form any other member of the BIA. The same applies to all the other office or institutional operation, law offices, accounting firms, Banks, Post office, medial facilities , all have staff coming Downtown every working day, their mutual customers and clients all visit the various locations on a frequent basis and we all have been the main stay of Downtown through Boom and Bust and anything in between-WE SHOULD BE BEING REWARDED NOT PENALIZED. All these years we have paid the BIA levy and quite frankly I cannot attribute one dime of my revenue to that-the Christmas Lighting is nice but our office is generally closed before it comes on, the nice sidewaik paving bricks have weeds and grass growing thru at every light post, sign and meter I i ,(3%23/2009) Dean lofida - Gary Bufler of M Butler insurance Brokers re Downtown BIA budget pa e 2; _ . _ . g ~ _ standard etc -calls to BIA to do something didn't help. The new pesticide laws will stop me from using my own Roundup to kill them off -by July the street will look like a jungle. i This increased Budget appears to be a big conflict of interest as the BIA Chairman Mr. Grun as you all know owns numerous properties that were originalry purchased in an attempt to sell yourselves and the City on ~ spending many Millions to promote the big development scheme which you wisely voted down, now it seems he is attempting to extract funds from the rest of Downtown to help promote his properties. There is a lovely sign-banner outside my office -promoting "Art Downtown" and others designating Downtown as Arts and Entertainment district which no doubt came out ot the BIA budget and does nothing to heip any of the none retail business's. If the increased budget is for more event and promotional days we are definitely against this-last year these events shut off the streets and access to our business for our customers and the Post Office and Bank for our Night Deposits, in one case from Thursday at noon to the following Tuesday-these events hurt non retail business's. Hopefully you will agree to refuse this insane budget and also consider a review of the mandatory participation in the BIA by non retail opertions Thank You Gary R. Butler President M. Butler Insurance Brokers Ltd 867849 Ontario Lt. 4746 Valley way , Niagare Fails, Ont. ~ Monday, Marcli 23, 2009 ~ To ~~Jhom It May Concern: Please accept t11is letter as correspondence regarding the possible inerease in levy fees in the downto«~n core of Niagara Falls. I am a~~~are of the letter sent to council by Mv Carmen Tortilla. I fully support his pasition and echo his sentiments. As a proprietor m}~self, for the past 15 years, I have seen businesses come aud go in the do~~~ntow~i core. For many years the downtown core of Niagara Falls ]ay dormant. Mairy businesses closed their doors due to the lack of interest and development geuerated in this area of town. Finally, the downto~vn core is experiencing a reuaissance of sorts and yet tl~e BIA tl~eatens to desti~oy it by suggesting that a lev}~ inarease would be appropriate aY this time. In these unstaUle ecoi~omic times it seems counteractive to inerease taxes on businesses and building owners when regioual, provincial and federal govermnents are decreasing them iu an attempt to strengthen the economy. The trickle do~vn effect that this will have on the proprietors, tenants and clients of fliese businesses will only serve to have a negative impacY on businesses in general. I am also concerned with the mofives bet~ind this increase. What does the BIA plan to do with the xevenue generated by these iucreases? How will property owners benefit from these increases? What ii~centives will the BIA offer to property ownexs who pay these increases? I am unaware of any of these details. I have not been contacted by any city official ox B1A member regarding any of these issues. In order to ensure Yhaf diis is a fair and just piocess, I believe that cify counci] together with the BIA should provide a public forum to discuss these issues in depth. I sincerely hope tihat my concerns, together with the concerns of many other property owners be t~llcen into consideration by all parties involved in Yhe decision making process. Sincerely, Lorenzo Leone (3/2312009) Teresa Fabbro RE: Downtown BIA Lev Increase - ° y _ ~Page11 From: "Emilio Raimondo" <emilio@raimondoarchitects.com> To: <tsalci@niagarafalls.ca>, <jdiodati@niagarafalls.ca>, <sfisher@niagarata... CC: <rktec@sympatico.ca> Date: 3/23/2009 3:16 PM Subject: RE: Downtown BIA Levy Increase Members of Council and City Staff, further to my previous email, I have taken the time over the last number of days/weekend to further investigate and ask a number of pressing questions to the BIA Chair and after having understood the reasons behind the levy increases, I have found greater comfort, And at this time I am now willing to support our pown Town BIA and ask that Council support the proposed BIA, 2049 Budget...as presented this evening... Kind Regards, Emilio Raimondo, B.E.S., B.Arch., OAA, MRAIC President Raimondo + Associates Architects Inc. 4687 Queen Street, Studio 2(Entrance off of Park St) Niagara Falls, Ontario, L2E 2L9 T: 905.357.4441, ext22, F: 905.357.9203 C: 905.351.5442 Web: wvrw.raimondoarchitects.com <http://www.raimondoarchitects.coml> Confidentiality Warning: This transmission including any attachments contains confidential information intended solely for the individual(s) or entity named above, and may be privileged. If you are not the intended recipient, you are here6y notified that any review, retransmission, conversion to hard copy, copying, circulation, distribution or other use of this message and any attachments is strictly prohibited, and may be subject to criminal and civil penalties. If you have received this transmission in error, please notify the sender immediately by return e-mail, and delete the transmission and any attachments from your system. Thank You From: Emilio Raimondo _ (3%23/2009) Dean lortida Downtown BIA Levy Increase . Page 1~ From: "Emilio Raimondo" <emilio@raimondoarchitects.com> To: <tsaici@niagarafalls.ca>, <jdiodati@niagarafalls.ca>, <sfisher@niagarafa... Date: 3/20/2009 4:36 PM Subject: Downtown BIA Levy Increase CC: "Anna-Marie Raimondo° <amr@raimondoarchitects.com>, <rktec@sympatico.ca> City Staff and Municipal Councilors: Please take note via this email that we at Raimondo + Associates Architects Inc. business address, 4687 Queen St. and our tenants are not in favor of any increases to the existing current BIA levy structure. The proposed increase passed via a BIA motion on February 17th, 2008, to our knowledge does not reflect the wishes of other business owners in the downtown core and creates a serious concern given the proposed 300% increase that would likely put current businesses at financial risk given the economic climate. We hope these concerns can be raised at Monday nighYs council meeting and the levy increase rejected on these grounds.... Kind Regards, Emilio Raimondo, B.E.S., B.Arch., OAA, MRAIC President Raimondo + Associates Architects Inc. 4687 Queen Street, Studio 2(Entrance off of Park St) Niagara Falls, Ontario, L2E 2L9 T: 905.357.4441, ext 22, F: 905.357.9203 C: 905.351.5442 Web: www.raimondoarchitects.com <http://www.raimondoarchitects.com/> Confidentiality Warning: This transmission including any attachments contains confidential information intended solely for the individual(s) or entity named above, and may be privileged. If you are not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, copying, circulation, distribution or other use of this message and any attachments is strictly prohibited, and may be subject to criminal and civil penalties, if you have received this transmission in error, please notify the sender immediately by return e-mail, and delete the transmission and any ~ . m~ _ ~ ~ 3/23/2009 Teresa Fabbrn RE Downtown BIA Levq Inc~ease " ~ - = - pa e~,] , ° . g Sent: Friday, March 20, 2009 4:36 PM To: 'tsalci@niagarafalls.ca'; 'jdiodati@niagarafalls.ca'; 'stisher@niagarafalls.ca'; 'ioannoni@nagarafalls.ca'; 'kerrio@overlookingthefalls.com'; 'bartmaves@niagarafalls.ca'; i 'vpietrangelo@niagarafalls.ca'; 'wthomson@fallsviewgroup.com'; 'jwing@niagarafalls.ca'; 'diorfida@niagarafalls.ca' ; Cc: Anna-Marie Raimondo; 'rktec@sympatico.ca' ' Subject: Downtown BIA Levy Increase i ~ City Staff and Municipal Councilors: Please take note via this email that we at Raimondo + Associates ! Architects Inc business address, 4687 Queen St. and our tenants are not I in favor of any increases to the existing current BIA levy structure. , The proposed increase passed via a BIA motion on February 17th, 2008, to our knowledge does not reflect the wishes of other business owners in the downtown core and creates a serious concern given the proposed 300% increase that would likely put current businesses at financial risk given the economic climate. We hope these concerns can be raised at Monday nighYs council meeting and the levy increase rejected on these grounds.... Kind Regards, Emilio Raimondo, B.E.S., B.Arch., OAA, MRAIC President Raimondo + Associates Architects Inc. 4687 Queen Street, Studio 2(Entrance off of Park St) Niagara Falls, Ontario, L2E 2L9 T: 905.357.4441, ext 22, F: 905.357.9203 C: 905.351.5442 Web: www.raimondoarchitects.com <http://www.raimondoarchitects.com/> Confidentiality Warning: This transmission including any attachments contains confidential information intended solely for the individual(s) or entity named above, and may be privileged. If you are not the intended recipient, you are hereby notified that any review, i ,I _ . i(3%23/2009j Teresa Fabbro Revitalize Queen Street _ Page 1,1 From: <henry8@belinet.ca> To: <revitalize@queenstreetniagarafalls.com> Date: 3/23/2009 2:48 PM Subject: Revitalize Queen Street Name: Sybille Niemann Email: henry8@bellnet.ca Message: I wish to confirm that I/VUe are fully in support of the increase in the BIA budget and the need to beautify Queen Street. I am writing on behalf of The Buttery Theatre Restaurant and as such I wish to stress how importiant the need for piantings and flowers are to capture the attention of tourist and local business is. Niagara on the Lake is our former home and has gone through extensive beautification regarding gardens, flowers and green beauty. You can never have to many gardens or flowers! Sybille Niemann _ . _ r(3123/2009} Teresa Fabbro Revitalize Queen Street ~ " ' - Page 1 I From: <mide@cogeco.net> To: <revitalize@queenstreetniagarafalls.com> Date: 3/23/2009 3:05 PM Subject: Revitalize Queen Street Name: Kassandra Murray Email: mide@cogeco.net Message: I APPROVE the BIA Levy increase! As one of the owners of Mide Bistro @ 4337 Queen St., Niagara Falls, we have invested our life savings into downtown Niagara Falls and our business in the revitalization of Queen St. To see the decay of the street scape and the lack of city motivation to ensure tourism is directed here as well, we look to the BIA to assist in the promotion, marketing, events, beautifcation and so on to revive and bring prosperity to an otherwise very lacking downtown in Ontario. I see great promise in the revival of downtown with the assistance of the downtown BIA and have not so much faith in the City of Niagara Falls passion in the development of downtown as the tax base seems to be more directed to the casino districts. With the revival of downtown Historic Niagara has initiated and followed through on the increase in tax and licensee revenue for the city of Niagara Falls has more then quadrupled, the traffic flow has increased substantially wi th more of a safe feel for locals to come dow~ntown. Downtown is an affordable venue for the local population to visit with many new arts and culture experiences. i i ~ i I ~ l 03-23-2008 02:52pm Fram-lMRTIN SHEPPARD FRASER LLP 805 3S4 1042 T-444 P.OdI/003 F-272 ~ ' - - TO: MR. MORD~CHAI GRUN Chairman of the downtown bia CITY COUNCIL OF NIAGARA PA4.LS C/o D~AN IaRF{DA- CITY CLERK ~ FROM: FAYANN GUILBEALfLT B.A., LL.6. BARRISTEI2 AND SOLIC1TOfi MARTIN SHEPPAI~D FRASER I.LR bATE: March 23, 2009 fi~: LEGAL OPINION BfA GENERA~ MEMBERS M~ETWG VOTE . His Worship Mayor7ed SaIcQ And Members of CouCil City af Niagara Falls, atJ Members: Re: Request for Council to apprave the annual BIA Budget passed by the SIA members at the General Members Meeting February 17~h, 2009. Thls is to act as my legal opinion with regards to the BIA annuai general members meeting and vafing pracess. With regards to your questian as ta members voting rights. 7he constitution of the BIA states that "Each BIA member shall 6e entitled to ane vote on each question ansing at any general meeting of the Board af Management. Corporatio~s, partnerships and other legaf entities may vOte through a duly authorized proxy. Such proxy need not himself be a member but before vating shall produae and deposit with the Secretary sufficient appointment in writing from his constituent_" ~efinition of inembership in the Municipal Act, 2009, S.O. 2pa1, c. 25 as is defined as "members of an improvement ~rea consist of persons who are assessed, on the last retumed assessment roll, with respect to rateable property in the area th~t is in a prescribed business property class and tenants of such propert~' 03-23-2009 02:53pm From-~kRTIN SHEPPARD PRASER LLP 905 354 1042 T-444 P.002/003 F-272 MEMO T~ Page 2 The MuniCipal ACt aiso states that "each member of an improvement are2 has one vote regardless of the number of properties that the member may own or lease in the improvement area " "a corporate member of an improvement area may nominate in writing one individual to vote on behalf of the corporation" At the time of the General Mem6ers Meeting I sat on the Board of the Downtown BiA as weil as being acting Secretary fior the Board and as such was present at the General Members Meeting held February 17~', 2009. My position tha# night was that af an observer of the process and a momhar nf tha Rnarrl AG a member of the Board we recommended the proposed Budget for 2009, I did not exercise my vote that night. THEPROCESS 7he BIA Board instructed their office administrator Lynn Cfoutier well in advance of the Bia general members meeting to meet with Dean Ip~da, city clerk, to verify the list of BIA members according to the City of Niagara Falls, which she did. A Notice was drafted and approved by the Board of Directars and sent out to the members. According to th~ Constitufion of the Downtown Niagara Falls Susiness improvement Area s.Vl 5. "Notice of the Board and B.! A. members is required two weeks prior to the meeting." The o~ce administrator of the Bia was presenf at the General Members Meeting at the door noting who was present at the meeting and if they were quai~ed to vote. At the meeting the Chairman of the Board made a present~tian to the members with regards to ' the past years progress and what is needed in the future and presented the members with the new praposed Budget of the Board of Directors. Members were encouraged to voice their opinions and to ask questions which they did. Letters were read from members who could not attend. A motion was put to the members proposing a revised budget amount of $250,000.00, which did not pass after a vot0. An official vqte was taken and the proposed 2009 Budget of $5p0,000.00 was passed by majoriry vote. ; According to s.Vl 2. Of the Constitution af the ~oard. "at all general meetings every question shall be decided by a majority of the votes of the members presenf in person or represented 6y proxy." Voting of inemhers at a general meeting s.Vl 3. Of the Constitutian states that "every question shall be decided in the first instance hy a show af hands uniess a poll be demanded by any mem6er. Upon a show of hands every memher having voting rights shall have one vote, and unless a poll be demanded, a declaration by the Chairman that a resoluti~tt has been carried ar not 03-23-2009 02:53Pm Pram-~ARTIN SHEPPARD FRASER LLP 905 354 1042 T-444 P.~03/003 F-272 NIEM4 TO Page 3 oarried and an entry to that effect in the minutes of the meeting shall be admissible in evidence as prima facie proof of the fact without proof of the num6er or proporkion af the votes accorded in favour of or against such resolution." A poll was ~ot demanded by any member during the General Members meeting held F'ebruary '17~h, 2009. s.Vil 3. Of the C~nstitution states that "the Board shall formulate a budget and receive approval of the general membership of the BIA for the budget at the first general meeting of the calendar year." THIS WAS DONE AT THE FIRST GENERAL MEMBERS MEETING HELD FEBRUARY 17T", 2009. The Constitution does not state that the 2008 financials have to 6e presented to the members at that meeting or before a vote on the new proposed budget for the Coming fiscal yeac The 2008 financiafs wer~ nat ready and were still with the accounting firm preparing them. The BIA is required by its Constitution s. IX to "on or before March 1~ af each year, the Board shall submit its annuai report for the preceding year to Council including complete audited and certified finanCial statements of its afFairs with balance sheet and revenue and expenditure." s.Xll of the Consfitutian of the BIA states that "no error or omission in giving notice for any meeting af the Board of Management shall invalidate such meeting or invalidafe or make void any proceedings taken or had af such meeting any member of the Baard of Management may at any time waive notice of any such meeting and may ratify and apprave of any/or all proceedings take or hed there at." Yours very tr'uly, MAI2TIN S PPAIiri FItASE LLP Per: ayA ault . L. . Barrist r lici Community Services Department Municipal Works Inter-Department Memorandum Niagara~alls cnn~nn,t TO: Mayor Ted Salci DATE: March 19, 2009 & Members of Council FROM: Ed Dujlovic ~xecutive Director of Corrununity Services ExC. 4220 RE: To~+~ard a Zero ~~'aste Future Ministr}~ of Enviro~uneilt VJaste Diversion Act 2002. Re~~iew At flie Pebruary 9, 2009 Council meedng staff was directed to review the Miuistry of the Euviromnent Waste Diversion Discussion Paper, ToN~ard a Zero Waste Tuture and to recommend a position to Council to submit to the Ministr}~. The n4inishy has proposed in the paper the first steps in achieving zero waste should be built upon four key building blocks. The blocks are as follo~rs; 1. a clear framewoxk built upon the foundation of extended producex responsibilit}~, 2. a greater focus on the first and second of the 3`R's' that is waste reduction and reuse. 3. increasiug reduction and diversion of wasCe fi•om the Industrial, Commercial and InsCiturional sectors, 4. greaterclarityarouudrules,responsibilitiesandaccountabilities,toensurethatallplayexs axe cont~~ibuting Co a comn~on goal. The discussion paper developed by the Ministry was developed such that it asl<ed 35 questions far ' input and feedback in order to establisb a clear and effective fiamework. The questions asked are specif c and require the reviewer to have considexable laiowledge on waste diversion activities in ~ Ontario. It is difficult for City staff to respond to all aspects of the discussion papex as the responsibility for waste managenient is at the Regional level. Accordingly, staff has developed a general response dealing with the four key building blocks as proposed by the Minishy. Shared Responsibilitv Currently in Ontario the majority of the effort in striving far zero waste is through a shared responsibility model. Ontario's Blue Box Program is a shared responsibility program. Municipalities, in our case the Region ofNiagara, collects, transports and arranges far the recycling of waste from the taxpayers. Under the Act, producers discharge their responsibility by reimbursing municipal governments for a porfion of the blue bo~; program with the balance funded by the property tax base. Currently, the Region receives funding of 33% to 42% of net costs for the Blue Box prograni from the producers. Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • 8usiness Development • Building & 8y-Law Services Mayor & Members of Council _2_ ! Some issues with this model include; ~ ~ A mtuiicipal taxpayer who generates little waste may end up paying into the system more of his/hers fair share of the cost cnanaging the ~~~aste he or she generates. ~ Inceutives for producers to sh~ive for zero waste are reduced since t6ey are not fully ~ responsibie for all costs aud are far too removed from the end of life handling of their ~ prodiicts. • Incentives formunicipalities to become mare efficient and reduce the costs of collection and diversion are reduced because they do not bare the entire costs. ~ Tl~e cost's shucture is based on whaY is actually diverted, ~~exses what is geneiated so producers avoid pa}~ing for vrything but that which is recycled. Extended Producer Resnonsibilitv Extended producer responsibility holds that producers (most often defned as a manufacture, brand owner or first importer of a product) are responsible for the environmental impact of their products. Acceptanee of this pxinciple suggests that waste diversion programs should shift more finaiicial responsibility onto the producers. This approach will bring Ontario into line with other progressive jurisdictions such as Europe, by intrenching responsibility for products and packaging with those who have tlie largest input and control over the materials, the desigu-mauufactures, brand owners or first importers. Adopting extended producer responsibility, responsible for 100% of the costs of recycling, is a key component of a zero waste approach, since it provides incentives for producers to identify new opportunities to produce and ultimately eluninate waste associated with their products and packaging. Increasine Waste Reduction through the 3`R' Higherarchy The 3`R's' have been a feature of Ontario society for many years. In the 1980's the collection and recycling of materials began to be introduced in Ontario in a large scale through such programs as ' the Blue Box. In the 1990's, Ontario moved further to intrench the 3`R's' principle through a series I of new regulatory requirements made under the Environmental Protection Act. 1Uhile the 3`R's' are mentioned in the Act, the Act should be xevised to better promote waste reducrion, reuse and xecycling, in that oxder. A key policy outcome is gxeater reduction of waste at the source. Not producing waste in the first place is the best way to move toward zero waste and provides the greatest environmental benefits and potentially the gxeatest economic advantages to society. Promotion of the reduction and reuse of waste goes hand in haud with the earlier discussion of extended producer responsibility. Reduction in waste generated will beuefit both the producer and the taxpayer. The Waste Diversion Act and the Environmental Protection Act are focussed on the roles of the Provincial and municipal governments, producers, waste generators, and the waste muiagement industry. They do not directly deal with the role of the consumer. Consumers can play an important role in driving manufacturing decisions through their purchasing choices. Some direction has been provided by the Miuistry of the ~nviromnent on public education and outreach, but, more i i Mayor & Members of Council _3_ ~ ueeds to be done to ensure tl~at consumers have the information and program options needed to make responsible decisions, and improve their own reduction, reuse azid recycling efforCs. ~ Increasin~,l2eduction and Diversion of Industrial Commercial and Insfitutional (ICl Waste Despite being Tesponsible for approximateiy for 2/3 of Che Cotal waste generated in Ontario each year, these sectars diverted just 12% of their waste in 2006. By contrast the residential diversion rate in 2006 was estimated at 38%. The type and uumber of waste generated b5~ the ICI sector make it difficult to target. The wide variety of individual establislunents, which range from small fan7ily business to large, internationally owued facilities, from hospitals and schools to malls and e.ntertainment facilities, presents unique challenges for diveision. The result is d~at Uie ICI ~~~aste generators tend to pa5~ directly for costs associated with waste diversion. 'Tl~e followulg eomments as contained in PWP-06-2009 Prom the Niagara Region dated Januar~~ 14, 2009 is provided. "ICI waste mauaged outside of the Region's waste nlanagement system is not subject to ! the curbside and landfill disposal bands as defined in the Region's by-law. Provincial regula~ions mandate thaf certainICI establishments, including multi-residential buildings with six or more units, have diversion ser~~ices in place. However, with limited enfoxcemeut and no penalties or incentives, the ICI sector has not achieved sigriificant gains in waste diversion. As part of its landfill utilization strategy, Regional Couneil passed a motion on Apri125, 2007, that the Niagara Region be more aggressive in its diversion plan by requesting Provincial disposal bands. Provinciat disposal bands at all private and public disposal facilities are needed for designated materials (blue box materials, electronics) that are generaced by the both the residential and ICI sectors. Full extended producer responsibility should also apply to the ICI sector. ICI waste generation should be tracked, monitored and audited parallel to the residential waste stream. Where ICI materials are disposed outside the Province, waste transporters and waste transfer station should provide consistent reporting. ' The 3`R' regulations and the Act should focus on facilitating diversion from all sectors. Therefore, diversion program plaus for designated materials should address diversion from both residential and ICI sectoxs." j Role Clariri The Waste Diversion Act establishes the roles and responsibilities of the Ministry of the i ~nvirontnent, 1h'aste Diversiou Ontario and industr~~ funding organizations related to the development, approval, implementation and operation of waste diversion programs. The relationships beriveen the organizations are complex and at times overlapping. I Mayor & Members of Council _q_ ; As guardian of the public interest, the Minister has the f'ollow~ng responsibilities; • Designate materials for ~vhich a waste diversion pro~ram can be required. • Require Yhat Waste Diversion Ontaxio develop a program for that material. • Provide poliey direction on ~n~hat tlie program should include; such as diversion targets, and when it should be completed. • Approve or reject the submitted program without modification. • Establish tluough regula[ion and industry-funded organization. ~ Approve alteruate waste diversion plans. Waste Diversion Ontuids responsibilities include; • Forniing a new (or working with au existing) industry fimding organization (upon Ministers's direction) to develop, implement, and operate a waste diversiou program. • Supporting iudustry funding organizations in the development of waste diversion plans, including approving the development process and ultimately the plans themselves. • Monitoring the implementation and performance of waste diversion programs, including reporling, undertaking related research, and promotional and educational support. Industry funding organizations are responsible for developing, impleinenting and operating diversion programs including; • identifying obligated producers, • establishing fees that individual producers pay and collecting and distributing progxam funding, • managing the day-to-day activities associated with waste diversion programs, • education and outreach associated with outreach programs. Some of the issue identified with the cunent setup are; • The Minister may accept or reject a proposed program but cannot modify it once it is received. • Lack of ability of the Minister to enforce time lines related to pxogram development and implementation. • Some argue that R~aste Diversion Ontario in being comprised in part by industry representatives is a duplication of the industry funding organization. • Ultimately it is the Minister and not Waste Diversion Ontario who determines which waste should be designated and the scope and timing of new programs, hence, this leads to stakeholders bypassing Waste Diversion Ontario and seeing the Minister directly. • As ministry funding organizations are funded by industry some question whether program decisions are being made that reflects the broader public interests. Key changes are needed in terms of the Minister's ability to amend diversion program plans and implementation schedules. Amendments should be brought about as a result of expanding the requirements for public consultatiou. Introduce more affective compliance tools including penalties for noncompliance as well as cousistent time lines for program development, approva( and itnplementation. ~ Mayor & Members of Council _5_ Conclusion City staff is supportive of the Province's shift towards zero waste as it does have the potential to reduce eosTs to the taxpayer as well as industry. Having said that, the Province should take iuto account the economic impacts to UoCh indushy and the consumer wllen making an5~ amendments to tlie Waste Diversion Act. I~i sunmlar}~ it slaffs recommeudation that Couucil support extended producer responsibility, focussing in on waste reduction a~id reuse as part of the 3`R s', increasing reduction and diversion of ICI wasCe and finally providing greater claxity as descriUed above. ~ ~ ~ ' ~ ~ ' ~ ~ ~ ~ ~ ~ , . i . ~ h S ~ t R t.~° ~ t~v _ ~ ~ jg4 S a~' ~ { > t ~ ~ - ~ x ~ ~ ~ 5 s ~ F _ i ~ ~ ~ . x ~ ~ , ~ _ _ . ~ ~ ~d _ . ,a ~ ~ ~ ~ . ~ ~ ~ : . . ~ t i 's,~ t ~ ~ `,~.~r ~ ~~~r s °,~v ` ~ E ~ ~ - - ~ ~ ~ ~ ~g1b . e~€ _ - . 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'~'`Y ~ ~ S§ Y ~ S>.< 34 _ _ _ 4 F y r~, . ~ t( IF?: . ~'v ~ ~ ;.h e~: ~ ~ . - ~ s 6* ~ ~,r"~~ _ s ~ x. . ~ ~ , ~ ~2` y v ~ . ~ ~ . . 7~.~~ ~r a ~ ~ ~ ~ : ~ ~ ~ ~ ~ ~ ~ - : ~ : ~ ^ ~ ~ - ~ - - ~ ~ ~ ~ - . ~ h S.~ ~ E' ~ Y~..,y" . , ~ ~ ~ ~4l ~ =a, ,u,.~ ~ q y • ~ ~ ~ ~ N ~ ~ ild ~ x ~ : a ~ , o + ~g d~ r x O - ~ ~i"s _ - a ~ : $ ~ - # rv ~ ~ ~ t ~ . ' ~ . ~ ~ ~ ~ ~ ~ ~9 ~ ~ ` i L: ~ ~ .e ~ ~ ~ ~ Q ~ i~i~ ~ ~ ' ~ ~ ~ . ' . ~ .1` ~ ~ ~ . ~ ~ ~ I g~ ~-~~~~ti~ . _ . ~ ~ ~-2 . ;r'.`~~°'~.~"` +s~.~ .a .a'~~+ ~~-x+ tF?a'd e~~~~, ~~Airf°3.~$31 r1~ 1#~~~~~~ a ; ~r ; ~ , • ' ~ ~ ~"~.,''x,•,..~ t ~ C~ita ~ ofk}$~lYia~g3a ~a{ Fal~Iss~ £ ' ~ tt x" f e.'°"'`~' _ ~ t' ~ r y'L ~ t y ~ r h ~ ~ { a _o - i e , y_ 2009jG`eneral~Pur~oses P ~ ~;1? ~ r 2'-0'`'c°~ q _ r e' ~ 2 ` : Budget Discuss~on j ~ ~ , t.~ March= 23;~20'0~9 ; ~E W ~ >t~ ;t~ , . ~ e,~,,~. ~ r` ~ ' - } f:~ ~ t y~'-.~k "=3.k`~'"'sh" . ~ : . .r- v?.L..m , `~§.5,:.c A . ~ . _ . ,x:s.~zz.. : . - y s ~ : wFt~i~ ~s ~'y=C~`e~~era~~P~~i=r ~~"s~`e~`~ t ~ ~ ~ Rec,~, ~ q ~ 3 4 t ,J~. Y~ t . -k:~ {y~` t~ F dY ~".~':a~~fi.5~ek' 5 ~r~ ~ t Y x ~ $ ti Iriit~al Budget~'S~No~`rtfal'I~ ~ ~ $~8;803;7~44 ~ ~ ~ ~ ~-E, ~ .e ~ ' ~ - a ~ ' Use of In~esting In~Ontario funds : $ 3,900,000 , r Reductions made January,i9~; 2009' $x1,3~5,864 Reductioris made Eebruary 9,~2009 $ 2;028,548 Reductions made February ~3,~2009 ; $ 592,038. Reduction;for Niagara Speeial~zed Transit` $ 190,86~,.: Shortfa'il Reymaining ` $ 756,427 ; _ ~ 1 z 'i ~ ~'R g ~a ~ ~ zE fi ° ~ ~f $~a`~,~'J-,°~~-~c.,~'~..r~'~~~~,~`r''~~'~[ ~j'hFt~~~S~~ .1 4 ~~ir~~~ as ~ F'-~'•~ . ;Op,ti"ons _availab,le;4~far.~2'0.09 , ~ ~ ~ ~ ~g ~ ~x,m `1. =Use of Reseiie~Funds ~ ~ 'r 2. Further Reduction in,~Expen"~ses= ; ' ' K i ~a ~ , • - . . . ~ . I 3. Tax Leuy Increase~ ~ ~ ~ ti : ~ ~i € 1~: ~ . . ' M ~ z ~~,~~°~~s~~' ~ ~ 1; ;'l~s.e~of~~te~;e rueF w~u ~ m~,~ 3~~ 3. ~ .ox~.~ i ..,;3 Transportat~on ~as Ta~~Cr~l~# ~ > 3>.,~ r~~. ~ ~ Can be~t~sed~fo'r bperatir~~g~experfdatures ` ' ~ ' abov~~the b~sel~n~e~le~'~~I~o.~~~e~ice; ~ ° ~ s ~ r ~ r • Used $~532,060 ih,~Ob7 ~r~~~in~20fl8"~ • Planned use for 20D~ is~$~29~;392; ~ • Increase to='previoias years'' le~el is $239.,6U8 ~ ~ f ; 2 ,A~".~,c-~rx~,~ ~ - - ~r'. ~ ~ s,~. y~ . ~;'~,~,,,.%ar ;.`3ai'~. ~ ~ Fr~ . ~ , z ~ ~ q,~.~B'~clate~qt ~ e u,~i~e~d~Am~~~i i^ N~ # _ tl'~l~` lil'~Xb r' ; .~q, ~ ~ - k ~=~~as ~~ax $ 8 . ~ . ° ~ ~ ala ~°ce ~ a ~I ~ ; 8~'1~9. , ~ ` ~:4 ~ ~ . . ~ ~ ~ , ~ r<~ ~ { ~ . ~ v ~ ~~.9$.f , a~} SY . 3~~ .,r w a ~ r ~ ~~,tl~ ~ ~x ~ e~ ~ ~ e,,~a i#al t tio, fo d~ e ~ a F ~ , ~ , ~ e ~ ~ 'pitafr~nt ~ ttt~~ fo : ~r . ~ ~.~,DO~ ~ 7 R ~ ~o r,~ iif~~i, ~a k~I~e ~ce ,it I ~xo t~il~u iv t~~ I~i- , ~ 5 _ t ~ ~ _ ~ ~ - ~ . ~ k ; T~otal~R~edu °ra.possit~ g ? kS4"Y r 3~ i' _ 3 Sumfnary of Revenue & Expense for Years 2008-~Ui1 ios ~ o k b 100 . # ~y~~~ rv~~~k ~ ~y ~~`~~~~~ti y~~_t~{I~.i~ r„}i 93y~'s~:.q, -b-Expertsas- ~ 90 ~ ~rr?~Fevenues~ 85 4 $Q . 26D6 20d9 2010 20i1 Year ~s. ~ ~ ~ ~ ,°"y~ ~ , . . . ~ _ ~ z _ ' ~ `''a~ ~ ~ ' a ~ ~ . n ~ ~ ' ~ ~'~sE~:'• . _ ~ : .~y }4 ~ tyst 1 v'_+. t~: ea ~ ~ ' ~k _ r$ F ~ ~.,~`"f p ..y-- ` .:.k ~ 4 ~ ~ ~w~ ~ a b a..i P,N 1kr5 a ~ ~iA~ ~ ~ ~ Regional~amd~E'ducation~~lmpacts ~_~~~~.~~°ar~~,~,~ ` - ~4 • Regional staff are finalizing tax pohciesF inc,luding~ratios • Revenue neutrality requires changes to ratios to. reflect assessiiient shif.ts: ~ ~ ~ , b~etrn?een classes= ~ ~ ~ ~w~ • Education,rate set at re~enue neutra`I • Residential~education~dec`reas to30 002'S J~~ ~r from 0:00264 in 2008Y~ > ~ - „ . ~ , r, . . . ~:~y 1 ~tiH$-: XX_ : . hPMw+~s~1 . - -a.d~ .Y'"iSA ~ ~ ~ . n x~~~ ~~m~pa~ct;on; ~ omeo ne =s ~ 4 ~ t - S4t ( k Corriparmg an'average household assessment that has ificreas@d from ~175 309 to~782 660 thefiCity taxes.inay increase irom $917 to theYfollowmgktax amou"~i'ts~per a levy mc~rease ` i~ ~ " ~ ~ ~s~~~ ~ , _ . . , ~s~ _ ; Tax Rate = Notiopel~ ~1%; ~1 13"10'; 1 5% 1 8%~ _ t° , , ' ` > ~ ' E zooe zooa, I zobs~; zoo~'°' zotls 2oos Ns.~~.,a . °ASSessment. 175;309 A82;660 182;660 182,660 18266~0;'..182;660~~~~ ~ . _ . . . ~:,.r • ~ t. >z _ . ~ . City~Taxes - - - Payable to $917.02 ~$922 83 $932i06 $$33 3U ' $936.67'.. 5939.44` increase '-%'i - revenue Additional - Revenue . $456,38U~ $816,819"$68d,420 `~$821 304 Generated ~ 5 i Other Munic~pa, I~~T,ax~Ra c eases~~ ~ . Municipalitv , Taic~ ~nc e~ .,~~A , ~ ~ For~Erie_;(target)~ 5'90°~= ~ Yi + p} ~ Kitchener t` 3 98%~ , zy ~r~„ad~ Brantfor'd ° ` ~ ~3 40% ~ ~ . R ~ _ , ~ _ ~•1Naterloo~ , 3 30°la °Rort Coiborne (target) ; 3 00% _ London : . E r#~;> 2 60%0 ~ ~ , St. Catharines>(proposed) 2 50%~ Grimsby (`proposed) , 2 30;°1a„ ~ Welland (target)~ . 2 UO%-'~ Cambridge ` ` 1 90%oW Markham OS00°Ia ~ ~ _ ' ~ - ~-~=c _ 3 - N ~ f - ry!3. ~5's-53''~. i~ , ~ v ~gY § p ~ ; , " 'Geitieral R~~i`~ se um_ ~ ~1~~~' c. ~ 9E' . ,.~,'F `.4h~ ' , . ]y t~ `k:" ~~3Eac Shor#fal! Remainir~g~~ ' $ 5~1~;81r9 , ~y t s ~ a s ~ . ~ ° ~ - ' Q~t101'~S ` ~ • Redu,ce Capifial ~Gbn#rit~kutions , - Increase Taz Le~y ` " 6 . . ~ &~+.rcrv°vc3'x,~E ~.i { ~5 y~~.~:~ t :,'?t . ° . t ~ ~t '~~;i'~,~~~ ~'"4'Ca"4.~~ K#~''£~ S.. . a . " ~ ~~~~r~~ ~ ~ i ' _ ~ Council Discussion ~ j ` _ . . , j ' . . ~ _ ' ; y.:-?. ~ . ~ Y. 4 Y ' + ~ 7 ~ _ ~ _ ~ ~ (3I2312009) Dean lortida Re Histoncal Drummondville Capital Improvements Page From: "Janice Wing" <janice_wing@cogeco.ca> To: "Dean lorfida" <diortida@niagarafalls.ca>, <alltax@bellnet.ca>, authann... Date: 3/23/2009 1:44 PM Subject: Re: Historical Drummondville Capital Improvements CC: "Wendy Canavan" <wcanavan@niagarafalis.ca> Dean, I've just been tipped off that, contrary to logic and despite your assurances, there IS a problem. I think that McPaterson shoud be present to speak. janice Original Message From: Dean lorfida To: alltax@beilnet.ca ; Janice Wing ; ruthann@pattersonfuneralhome.com Cc: Wendy Canavan Sent: Friday, March 20, 2009 2:20 PM Subject: Historical Drummondville Capital Improvements I appreciate the desire of the Main & Ferry BIA to appear at Council Monday but I don't really think it is necessary. Staff is recommending approval of the report, Ruthann's letter's are included and the matter is toward the end of a long agenda Monday night. I am sure there will be opportunities in the future for the BIA to address Council. Thanks Dean _ i ~ Community Services Department j Niagetrafn!!s I ~ . • I ~ ` 3~. 5.~~ s~s ~r~' ' ~ x';~i `ral4~1 ~ ~ .r'~~~ ~ s~~S ~ee s~ ~ GST Ib" ~ . szac~,~ a~ _ ,w„ _ ,5 . _ . . . ~ Monday to Friday (Exclusive of Holidays) 60.00 N/A 60.00 ~ I between 8:00 a.m. to 3:15 p.m. ~ ~ ~ Monday to Friday (Exclusive of HolidaYs) 108.00 N/A 108.00 ~ between 3:15 p.m. and 4:00 p.m. Saturday, Sunday, or Holiday (anytime) or any other day before 8'.00 a,m, or 203.00 N/A 203.00 ~ after4:00p.m. ' "No Action" or False Alarm D.00 N/A 27.00 ~ Tracing of a Private Service 150.00 N!A 150.00 ; Video Inspection of a Private Service 150.00 N/A 150.00 ~ Note: Payment can be made by cash, cheque, or credit card in advance of ' doinganywork. i qnPla r~in...~ ~ x.~,~'.~-~~~'$p"y~y~'"~~<+~~,.~..~`~~~GS7+`'''~~'~ P~ST,~ ~',~..~~*,~„o~ I~- ~ . iLe~a~~'.. r~ ~-.cc~ .~r~~~.~-'~`.L.~.~ r.~ ,z ~~_.~;~=.r._ ~e.z~~.~.. t~.. ~ ~5:. -:~rx.` T~ ~ Full Size Prints 4.43 22 .35 5.00 photocopies (per page) 24 .01 N/A~ .25 j Letters o(Compliance 1328 .66 1.06 15.00 Tender pocuments 44.25 2.21 3.54 50.00 I Engineering Manuals and Reports 22.12 1.11 1.77 25.00 i ~.ixa~,fx~r~.~~~epof'r~.ts~s Suh~~nFl ns~'Pnnts ~~~~~"~v~~~~~~v' E~~~;;~`~`"~~~,l~~~sr",_,~..'~~- 3+°~'€~~ ~ ~'+u~s~:~.4+, c.~.a>c,:..,~.~,~~:;ta-.~..-~:k.:. ,€'!.,.`:i~.e~`~~i"~~,r~'-~.~ ~ v,«~.~F'vxes.eir.~.~r s #~L~GS~T ~T,s,.~~`?~~~,#~~~,*,~~o...~ Storm Drainage Report 2 Volumes with Map 61.94 3.10 4.96 70.00 ~ Watermains - Book of Street Maps 10.62 .53 .85 12.00 ~ Sanitary & Storm Sewermains - Book of Streetmaps 10.62 .53 .85 12.00 ~ Horizontal & Vertical Control Book (free update for 3 years) 44.25 221 3.54 50.00 I Prints/Plots (1 m or less) 4.43 22 .35 5.00 (per 0.5 m after) .89 .04 .07 1.D0 ~ ~"~~n "Y 't`~->~~ ~~,~~`W~`~ ~ : ,s~ ~.,3~~`.~, ~ C u,p Hey e tra7~' ' ` ~ I ~:a~z~,.ad _ Sx -~~~"~a.`~ ~R.-:. a. ?'~~~..~."s"-~`~~~~. ,.i :kae:..d ~,f,. G~,~ ~ Application 50.00 N/A 50.00 Security deposit required upon approval of application ~~i.w. ~b~ ' " '~~~~~_..~.~`~~„~,.aur~s arss'~..,~ - - ~ . . ~ . a°~ .~}~€"e . . ' x Application 50.00 N/A 50.00 Curb Cut per linear foot (minimum wt fee $65.00) 23.00 N/A 23.00 ~ Sidewalk Repair per sq. foot 8.50 N!A 8.50 Curb Repair per linear foot (minimum repair fee $75.00) 38.OD N/A 38.OD ~ - i Single Detached Dwelling & Semi-Detached Dwelling • within Urban Area 3,903.00 N!A 3,903.00 Single Detached Dwelling & Semi-Detached Dwelling • within Non-Urban Area 4,839.00 N/A 4,839.00 TownhouseDwelling 3,193.00 N!A 3,193.00 Address Change Request 314.29 15.77 330.00 i , , :~.1d-..., ~s~ . _ . «~a- ° P_T~: . . . . ~ Application: ~ 181 Year N!C 2"^ Year (plus security deposit - 10% estimated value of work up to $250 maximum) 50.00 -15- CITY OF NIAGARA k'ALLS By-law No. 2009 - A b}~-la~~,~ to ainend B}~-law No. 79-200, to regulate the land uses ~aithin tl~e Wail~en Rroods (East) plan of subdivision. THE COUNCIL OF TH~ CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1, The Lands that are the subject of and affected by the pro~~isions of this b}-la«r are desoribed in Schedule 1 of this by-la~~~ and shall be refen~ed to in this by-faw as Lhe "Lauds". Schedule 1 is a part of this by-la~~~. 2. Tlie piirpose of Ihis b}~-]a~a~ is to amend the provisions of By-Iaw No. 79-200. to permit the use ofthe Lands i~~ a maimer that ~~~outd other~~~ise be prohibited b}~ that by-law. In tlie case o'FanS- conflict beriti~een a spec~ific provision of this by-la~~~ and any existing provision of By-la~~~ No. 79- 200, the provisions of this 6y-la~a are Lo prevail. 3. Notwithstanding an~~ proeision of By-law No. 79-200 to tl~e contra~y, the follou~ing uses and regulatious shall be the permitted uses and reg~ilations govarning tlie permined uses on aud of the Lands. 4. The peruiitted uses of ihe La~ids labelled R3-854 sha]I be the uses permitted by the R3 zone. 5. The permiited uses ofthe Lands labelfed R3-855 shall be on street townhouse dwellings. 6. The permitted uses of the Lands ]abelled R4-856 shall be the uses permitted by the R4 zone or the RSB zone. 7. The permitfed uses of the Lands Iabelled LPF~-857 shall be public sei~~ices including a recreational trail. 8. The permitted use of the Lands labelled OS-858 shall be public parks. 9. The regulations governing the permitted R3 uses on the portion of the Lands labeled R3-854 shall be: (a) Minimum lot area (i) for a one family detached 330 square meh~es dwelling (ii) for a semi-detached dwelling 495 square metres (iii) for an on street townhouse 165 square metres for each dwelling dwelling unit -z- (b) A4inimum lot frontage (i) forasemi-detachedd~a~elling 21 metres on a cornerlot (ii) for an on street to~~~nhouse 6 metres for each dwelliiig unit d~velling (c) Minimum front yard depth (i) for a dwelling 4.5 metres (ii) for a garage with driveway 6 meh~es access from the tiront yard (iii) for a roofed over 1-storey 2.5 metres porch (d) Minimum interior side yard width (i) for a one familp detached 1.2 metres dwelling or a semi-detached dwelling (ii) for an on street townhouse 1.8 metres dwelliilg (e) Minimum exferior side yard width (i) for an on street townhouse 4 metres dwelling (ii) for a garage with driveway 6 metres access from the exterior side yard (fl Maximum lot coverage (i) for a one family detached 50% dwelling or a semi-detached dwelling (ii) for an on street townhouse 60% dwelling I -3- (g) Maximum height of building or structure (i) for a one family detached 1 I metres, subject to section 4.7 of dwelling or a semi-detached By-]aw No. 79-200 dwelling (iij for an o? street to~~~nhouse 12 meh~es, subjecf to section 4.7 of dwclling By-la~~~ No. 79-200 (h) Maximum number of sYoreys 2'/z (i) Miiiimwn number of atitached one ~ private garages for each d~~~elling imit (j) Miiiimun~numberofparkingspaces tvdo including one in the attached for each dwefliug unit private garage (k) The Ualance of the regulations specified for an R3 use 10. Tl~e regulations governing the permitted on street townhouse dwellings on the portion of the Lands labeled R3-855 shall be: (a) The regulatimis specified for on street to~~~nhouse dwellings in section 9 above (b) n4inimum front yard depth shall be measured fi om fhe boundary of the OS-858 zone (c) Minimum rear yard depth shall be measured from a public laneway I 1. The regulations governing the permitted R4 uses on the portion ofthe Lands labeled R4-856 shall be: (a) Maximum height of building or 12 meires, subject to section 4.7 of structure B}~-law No. 79-200 (b) Maximum nLimber of storeys 3 (c) The balance of the regulations specifred for an R4 use 12. Tl~e regulations governing the permitted RSB uses on the portion of fhe Lands labeled R4- 856 shall be: (a) Maximwn height of building or 12 menes, subject to section 4.7 of struchire By-law No. 79-200 -4- (b) Maximum number of store}~s 3 ; (c) The balance oP the regulations specified for an RSB use 13. Tl~e regulations governing the permitted public ser~~ices including a recreationa] h~ai] on the portion of the Lands labeled F,PA-857 shall be: No person shall permit any buildings or structures to be erected on the land or permit rubbish or oYher materia] Yo 6e placed or dumped on the land, nor shall the land be altered by placing or dumping or removing any soil, sand or gravel or regrading, except for those works necessaiy for erosion protection and/or slope stability and a recreational trail in accordance witl~ a perinit which has been issued by the Niagara Peninsula Conservation Authoritp 14. Porthepuiposeofthisby-Iawanddeterminingcompliaz~cewithsection231.5ofBy-la~~~No. 79-200, where side lot lines arc not parallel, the ]ot frontage shall be measured at 6 metres fi~om the front lot ]ine. 15. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govem the permitted uses ou the Lands, with all necessary chu~ges in detail. 16. No person shall use tl~e Lands for a use that is not a permitted use. 17. No person shall use the Lands in a mamier that is contr~~uy to Yhe regulations. 18. The provisions of this By-law sl~all be shown on Sheet B6 of Schedule "A" of By-law No. 79-200 by redesignating tl~e Lands from R1D, in part, R1F and numbered 463, in part, R3 and numbered 464, in part, HL and numbered 462, in part, and DH to R3 and numbered 854, in part, R3 and numbered 855, in part, R4 and numbered 856, in part, EPA and numbered 557, in part, and OS- 558, in part. 19. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.854 Refer to By-law No. 2009- 19.1.855 Refer to By-law~ No. 2009- 19.1.856 Refer to By-law No. 2009- 19.1.857 Refer to By-law No. 2009- ~ ~ 19.1.858 Refer to By-law No. 2009- ' 20, Section 19 of By-law No. 79-200 is amended by deleting sections 19.1.462, 19. I.463 and 19.1.464. 21. By-law No. 98-228 is repealed. -5- Passed this tweiity-third day of Ma~~ch, 2009. D~AN IORPiDA, CITY CLERK R"1'. (T~D) SALCI, MAI'OR Pirst Reading: Marc.l~ 23, 2009 Second Reading: Marcli 23, 2009 Third Reading: D~arcl~ 23, 2009 ~ S~2,ONINGIAMS~2006\Bp-Im~~sl6yem42 Gnal.wpd SCHEDULE 1 TO BY-LAW No. 2009 Subject Lands ~ ~ ~ ~ A O 3 , o • 3 • n ~ 2012 m ~ , a 378.23 m ~ e . 97.58 m a ' ~ R3 854 ~ ~ 3, r w N V ~ 3 mr - 31~.00 m 65~64 m 3•L.OO.m OS 858 h~ v°~~:' \ R3 855 ~ \ ,~~oti 3 30.OO~m y f8D~,m 65'64 m 7c ` 3039~m $ ~S .p 18.OO~m n~' 18.00 m OS °o.` 858 °0 1'8!OU m ::;v=;: 3 3 30~39 m 858 65.84,m 30.00 m F \ „g~ d~' a R3 855 \ ya: EP ,~q'L' ~ . \ 31.UO~m R4 3 3~1.OO~m 65.84+m ~ 857 ~ 856 ~ o 3 ~ 3 101.7%+ m 3 ~ , r , R3 854 ' ~ 3 3. ~ 47.00 m 101.74 m ~ 328.39 m Amending Zoning By-saw No. 79-200 N Description: Part of Lot 185, Stamford Township, Niagara Falls Applicant: Warren Woods Land Corporation s Assessment #s: 272511000205000 i: rvTs AM-42/2006 K:\GIS_Requests~2006\SChedules~ZoningAM~P,M-42~mapping.map March 2009 . . _ - (3/20/2009) Teresa Fabbro Fwd AMO Conference Companions Program Announcement pa9e ~J From: Dean Iorfida To: Teresa Fabbro Date: 3/20/2009 9:38 AM Subject: Fwd: AMO Conference Companions Program Announcement Attachments: Companions_Program_for_web.pdf Add this to additions. <communicaCeCalamo on ca> 3/19/2009 3:57 PM TO THE IMMEDIATE ATTENTION OF ALL ELECTED OFFICIALS, CL6RK5 AND ADh1INISTRATORS This just in - the 2009 AMO Conference Companion's program is now open for registration. Please find attached information on this year's one and one-half day program offerin9. Registration for some elements is limited so register today! If you have trouble opening the attached e-mail please contact Nav Dhaliwal aC ndhaliwal(a~amo.on.ca <http:///ndhaliwalCa~amo on ca> or 416.971.9856 ext.330 PLEASE NOTE AMO broadcasts are generalty sent to Che Administrator and/or Clerk of a municipality; however from Cime to time, at the direction of AMO's Exeative Director, they are sent to all elected officials. We do remgnize that there are some elected officials who do not have a unique email address; however it is important that some communication pieces are logged as 6eing sent out to all elected officials. We would 6e pleased to respond to any further questions you might have. Thank you. DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted-with the electronic version. The printed versions of the documenCs stand as the offcial record. ~ ~ ~ n~~~ z a e: ~ ~ ~ . r ' t 9w ~ € ~ ~r~ ~„a~~~~~}~~~~ *h~' '7t~`~-. ~ ~i ~ ~ + ~ - `s ~ " ~ ~ ~ ~ ~ ~ A;¢rt„~, ~,~,a-~:,~, „f z, ~ 2 Q 0 9 C o:~n p a n i o n~s~Prr o g`r a n~ , g: > _ a ~ : _ ~ ~ ~ ~~x,L_ Monday August 17, 2009 Please choose one full-day option (lunch is included in both options) EMBRACING CHANGE: Plenary Style Sessions (full RIDEAU HERITAGE TOUR (full day) ' day) What sets the Rideau aparC from other lakes and river systems Free Your Mind....Have you ever tried to meditate on your is itr ri~h history. The oldest continuously operated canal in ' own? Do you know that meditatlon is good for you? Would you North America, the locks work today much as they did when like to learn? Meditanon is possibly the most iinportant thing first opened in 1832. ~esignated a World Heritage Site by you can do to improve the overall quality of your life! U NESCO this tour will take you through the history of some of the beautlful villages and towns that are dotted along the Rideau If you're new to meditation or even if you've been away from Canal, as well as give you a chan~e to explore a few choi~e your practl~e for a while, this workshop will serve as an introdur landmarks. Sights that await you indude:- tion. Company is stronger tl~an willpower, so mme and learn to meditate with a group and then be able to practice on your own! Watson's Mi!!in ManoNck This ~ unlque 19th century grist and R~~'~=~ s Recessian- roofin ' ~ p g your investments and retirement flour miii located in Manotlck, on ~ falling home values, rising unemployment, dedining confidence the shores of the Rideau River, among consumers and businesses and, a schizophrenic stock a UNESCO designated World ~ ~ market. OHicially being called a technical recession, fear is being Heritage Site. It is the oniy spread by media (and the voices of friends and family around industrial heritage site in the City you). Are you recession proof? Find out how you can avoid the of Ottawa and has a remarkable recession investment pitFalls and some of the best ways to reces- hisiory linked to local politics, the ~ sion proof your life. building of a country, and a tragic love story. L2B~i1 tO 58y NO Why do people have difficulty saying no? - After hearing the story of Understand the problem at hand and empoweryourself. Learn .zt star crossed lovers, iYs off techniques that will enable you to assert yourself at work, at to Merrickvifle for lunth at home...everywhere-and feel good about it! _ Sam Jakes Inn - housed in ~ ~ Merrickville's most striking mid It'S All GfOOVy! With welcome drink in hand you will 6e ~ k ~ : 1800's stone building, enjoy a invited to participate in a sensory experience unlike any othec [ ; break from the glass, steel and Yoor Sommelier will bring everyone together to explain a unique ~ f~ ~ ' concrete of the present day, and concepfthat will unfold before you in the Food and Drink Pairing ~ relax in the style and warmth experience. This light and engaging session will reveal the hidden ~`~5 ~'~"'~"41 that has made MerrickviUe the tastes that a correct pairing can bring to your meal. popular destinatlon that it is. After lunch take your tlme and enjoy the shops, artisans, and the heritage buildings of Merrlckville, before you departtor a Jaunt . Plenary topics are subject to minor changes, if any to aurritts aapids. ' changes are made registranis wi0 be notified V!O 2-fYipl(. Burritts Rapids - the village itself is on a small island. Stop and have a look at the bridge on the south end of town. The first . bridge across the Rideau was 6uilt here in 1824. The present steel truss swing bridge dates to 1897. The bridge is opened by tuming a crank in the pivot at one end of the bridge. Counter weights and a set of roller wheels mounted on a circular track underneath allow the bridge to be swung with little effort. f ' Tuesday August 18, 2009 ~ : Please choose one half-day option , Optional: Tour of Parliament ' An optional tour has 6een booked of the East Block of the houses of Parliament at 9:10 am on Tuesday, August 18th. Please indicate . on the registration form if you would like to participate in this tour, as space is limited. - Plus choose one of the following 1/2 day options (lunch is not induded~: The Wheels on the Bus... Underground Activities Departs from the Westln Ottawa Hotel at 10 am Departs from the Westln Ottawa Hotel at 10 am Board your bus at the Westin Ottawa Hotel and join the tour. In an a6andoned gravel pit on the outskirts of the small Ontario , The tour route goes along Confederatlon Boulevard -across farming community of Carp (just west of Ottawa) strange things the Portage Bridge and into the city of Gatlneau Quebec - here were happening. It was 1959 and over the next two years this you will see the Canadian Museum of Civilization and Jacques site was to be transformed into one of Canada's primary Cold Cartier Park, you will then cross the Interprovincial Bridge and War secret defence facilities. Exp~ore this unique museum as you ; continue your tour along Sussex Drive out to the RCMP Stables are guided through this underground bunker that throughout its ~ and theAviation Musewro - along the way you will pass Rideau 33 year lifeTime the Diefenbunker was the Central Emergency Hall, 24 Sussex Drive, many Embassies and Official residences. All Government Headquarters for Canada. Federal government this and so much more as you tour Ottawa aboard a tradidonal budget cuts led to its being decommissioned in Y994. ~ sightseeing double decker bus. REGISTRATION Name: Accompanying Delegate Name: Municipality/Organization: ~ i Telephone: Fax: ; E-mail: Dietary Requirements: Payment must accompany registrations. If making payment via cheque please fax registration prior to mailing cheque to ensure the ' companion's spate in the program, as space is limited in some optlons. Fax registrations to: 416-971-9372 or 416-971-6191 _ - Please check one option for each day ' ~ . MondayAugust llth: ? Ready or Not Plenary Session ? Rideau Heritage Tour ~ Tvesday August 18th: ~ The W heels on the Bus ? Underground Activitles Optional ~ Tour of Parliament ~ ~ i I Please make selection above and submit with delegate's conferen~e registration form. Payment options are listed on the conference registration form. , Questlons? Call Anita Surujdeo, A/R~Special Events Clerk 416-971-9856 ext.344 ~ 1-877-426-6527 ~ E-mail: asurujdeo@amo.on,ca ' i • For registration costs and cancellation fee please refer to the delegates registration form. ' i i _ . . . _ . . . . . _ _ . _ . _ . . . . _ . . .