Additions 2009/06/29 ADDITIOIVS TO COl1NCIL, MONDAX, JUNE 29, 2009
COMMUfVITV SERVICES
1. Email from Connie NorthdurFt requesting matter pertaining to swimming pool fence be
deferred.
2. Re: F-2009-37 - VVater Account collections - Residential ~er~anted Accounts
a) Email from Ken Burden
b) Email from Mr. Rick Looser
c) Email from Rick Shanahan
DEPUTATIOfVS/PRESENTATIOIVS
1. Letter from Jim Williams, Chairman NPC
2. Correspondence from Bob Gale re: Preserve Our Parks
DEVELOPMEfVT CHARGES PUBLIC MEET9NG
1. Correspondences from Rocky Vacca, Sullivan Mahoney
2. Correspondence from Italia Gilberti, Broderick & Partners
PLAIVfVING MATTERS
1. PD-2009-49 - AIVI-2009-008, 636'9 Fallsview Boulevard Removal of Requirement for a
Convention Centre in the Fiotel and Permitting a IVlajority of the Ftequired Parking for
the Hotel Off-Site.
a) Correspondence from N. Jane Pepino, Aird & Bird LLP
b) Letter from George Yerich Jr., Skylon Tower
c) Letter from Michael Gardner & Barry Yabsley
d) Reports PD-2006-92, PD-2004-56
REPORTS
Legal IVlatters
1. Petition regarding Declaration of Surplus City lands (Montrose Road and Armstrong
Road)
Please note: Approximately 120 signatures
Council Information
1. AMO Annual Conference - August 16-19, 2009, Program at a Glance.
' ~ (6/29/2009) Dean lorfida RE Pool/ Fence Issue ~ ~ -
~ H Page 1
From: Connie Nothdurft <connieferri@live.com>
To: <diorfida@niagarafalls.ca>
Date: 6/29/2009 8:36 AM
Subject: RE: Pool/ Fence Issue
Mr. lorfida
Unfortunately my mother-in-law is.still in the hospital in critical condition and the doctors are going on a
day to day basis. We are still uncertain as to whether or not she will recover.
We are therefore not able to attend the committee meeting being held today and are respectfully
requesting that our matter be brought forward at the next meeting.
We would greatly appreciate anything that you can do to help us out as we would like to be there when our
request is being heard.
Thank you
Connie
> Date: Tue, 23 Jun 2009 09:43:52 -0400
> From: diorfida@niagarafalls.ca
> To: connieferri@live.com
> Subject: RE: Pool/ Fence Issue
>
> Hi Connie: ~
>
> Thanks for your patience. I was planning on touching base today or tomorrow.
>
> Yes, the matter will be dealt with on Monday, June 29th at 4:00 p.m. in Committee Room #2, basement
of City Hall.
>
> I will e-mail you a copy of the agenda tomorrow or the next day.
>
> Thanks
> Dean
>
>
>
> Dean lorfida, City Clerk
> Niagara Falls
~ ,.d~.. w... I
'.(6/29/2009) Dean lorfida RE Pool/ Fence issue Page 2~
> 905-356-7521, Ext. 4271
> 905-356-9083 (Fax)
>
Connie Nothdurft <connieferri@live.com> 6/23/2009 9:06 AM
>
> Mr, lorFida
>
>
>
> I am just trying to find out if you are indeed bringing our request forward on June 29 as you indicated in
your letter. Could you please contact me so that I can confirm the date.
>
> Thank you,
>
> Connie
>
Date: Fri, 5 Jun 2009 16:47:00 -0400
> > From: diorfida@niagarafalls.ca
> > To: connieferri@live.com
> > Subject: Pool/ Fence Issue
»
> > Ms. Nothdurft:
»
I have been meaning to contact you regarding your request. Thanks for touching base with my office
and providing your e-mail.
I have asked our Solicitor to provide some comment and will likely bring your request forward on June
29th. I have advised By-law to not take further action at this point.
» .
I will get back to you.
»
> > Thanks for your patience.
»
> > Dean
»
»
»
> > Dean lorfida, City Clerk
> > Niagara Falls
> > 905-356-7521, Ext. 4271
> > 905-356-9083 (Fax)
»
>
>
> We are your photos. Share us now with Windows Live Photos.
> http://go.microsoft.com/?Iinkid=9666047
>
Attention all humans. We are your photos. Free us.
http://go. microsoft.com/?Iinkid=9666046
` _ (6/29/2009) Dean lortida Re Niagara City Hall
- _ _ Page 1'~
From: Dean Iorfida
~o~ rick looser
~ate: 6j29/2009 9:16 AM -
Subject; Re: Niagara City Hall
Ken Burden; Marianne Tikky
Mr. Looser:
As indicated below, please attend at 4:00 p.m. in Committee Room #2 today and you will have an opportunity to address
Council.
Your correspondences will also be provided to Council.
Sincerely,
Dean
Dean Iorfida, City Clerk
Niagara Falls
905-356-7521, Ext. 4271
905-356-9083 (Fax)
rick looser <carnenterrick07C~a yahoo ca> 6/29/2009 12:15 AM
I Richard Looser
hereby request to be placed on the next Counsel meeting of June 29th 2009 for the following reasons..
To discuss our '
current Water bills that many Niagara Falls residents. can not afford to pay and
as many people are having there water shut down this has now become a Risk Of
Public Heath AND HUMAN RIGHTS.
As I have already asked to be put on the council's agenda prior to any notices put in the paper and if any notices have been
printed prior to this letter I have not seen nor known of any particulars that you are in reference to.
I specified to be on city council meeting of the 29th and I do not care what is in paper but I do care what I had asked and
requested from city hall. I as a resident of Niagara Falls requested to be placed on the agenda the end.
As I have asked and as I presented in paper to you I wish to bring these matters in front of Niagara Falls residence, council,
and mayor and I do not care what is in the news I do care for the future of our children.
If in the event you're refusing to allow me to speak on behalf of my matters I presented you, I will take every legal course
possible to have your deniaf put in front of a legal court. I care not of what the paperwork says I am and will promote this
system that is now going to have millions of dollars invested in it in quote "the best for our children's future" denied. Until
such time they can guarantee removal of all and any chemical and pharmaceutical matters that are currently in our water
table removed. (Microbiology is in many opinions the best way to deal with our current contaminated water situation.)
For the last time I will not ask I will insist as my rights as well as given you ample time to place me on the agenda that you
do so on the 29th.
In the event I am not allowed to speak in regards to the matters, I have already sent you with a request as well as all
allotted time to research. I will follow through as I have already been setting up websites, setting up blogs, sending emails
to every MP in Canada and Ontario, to ensure no one's rights wi~l ever be withheld within a city hall council meeting, ever
again.
In the event council and mayor are in refusal of my request I would ask that council and mayor respond in writing
explaining each and every reason that this has not been allowed or approved for a council meeting.
So for the last time we can either work together in the best interest of the public, or we can simpiy put in in front of a
judge.
Listed below is just but a few situations of contamination that I am personally knowledgeable about that is actually factually
;
6
29/2009) :Dean lorfida Re Niagara City Hall _ . , . ..~.W . . Pa e 2:~
m ~a ~
m~.._. . ~
contaminating our children and our future children.
1)Paper Pulp Sludge burn with sand added to bypass our silly environmental laws that sit on top of Smithville mountain
wetlands which leech into our head waters of Ontario.
2)Fifty million dollar clean-up of the PCB waste site that had happened in Smisthville when barrels of PCB were dumped
freely by employees that yet has not been cleaned up.
3)Also a major sewer line that is now and has been for some time sitting in Twenty mile creek.
4)As well as Maple Lodge Farms in Beamsville has been gassing their incubators units with formaldehyde then washing it
down our city sewer system.
5)There was a gas station in Beamsville on Ontario Street, that suffered a rupture that has never been cleaned up to my
knowledge nor town hall's knowledge, that still hasn't been dealt with.
6)I have also been a witness to watching tanker trucks full of sewage unload on the back road of Fifty Road in the lake.
7)I am also aware there was also a concrete company on Fifty Road that also released chemicals in the river that they
were fined .Not withstanding the fact there was never any clean up to anyone's knowledge to this date.
8)As we are also aware to date from research not any Ontario water redemption.methods remove any chemicals or
pharmaceutical products from our drinking water:
9)I am also aware that an attempt was made to clean up Twenty Mile creek starting from the bottom working to the top.
This was for political gain only, and as we know if you clean from the bottom and the contamination is still on top, although
good for politics it was good for nothing else including solving the problem. (Bottom clean top recontaminates.)
10)I'm also aware of Ontario hydro's having several units PCB transformers laying through out different destinations that
have been leeching into our water system.
There is so much more that needs to be assessed prior to the commitment of any water purification plants being developed
now or at any later date.
If there is any concerns that need to be addressed in regards to the meeting of the 29th and me being part of the agenda
please advise me via email immediately.
From: Dean Iorfida <diorfida@niaaarafalls.ca>
To: rick looser <carpenterrick07 anvahoo.ca>
Cc: Cathy Crabbe <ccrabbe@niagarafalls.ca>; Jennifer Manning <JManningC~a niagarafalls.ca>; Ken Burden
<kburdenCa~niagarafalls.ca>; Lisa Hackner <LHackner@niaaarafalis.ca>; Lisa Wall <IwaIICalniagarafalls.ca>; Teresa Fabbro
<tfabbroC~a niagarafalls.ca>; Todd Harrison <tharrisonC~nia4arafalls.ca>; Ted Salci <tsalciC~niaqarafalls.ca>
Sent: Friday, June 26, 2009 5:02:39 PM
Subject: Re: Niagara City Hall
Mr. Looser:
Firstly; my apologies. I saw a copy of your recent fax but it seems to have got lost in the shuffle; therefore, I greatly
appreciate you resending your concerns via e-mail.
I have provided some general comments below and some more specific comments to the various questions. I will say that
some of the answers to the questions could probably be multi-page reports; therefore, I will try to be somewhat succinct
and provide you with some additional resources.
It is somewhat unfortunate that we just got your concerns recently. Staff has been engaged in many public consuitations
~ ~ (6/29/2009) Dean lorfida Re Niagara City~Hall `
~ . _ _
a.
. W Page 3 $
on water. and sewer rate issues. In fact, we had a public information session at the beginning of June (see attached). It
was advertised in the newspaper and would have been the appropriate venue for some of your questions to be answered
by the experts.
If you go to the link noted below from our website, you will get a wealth of information and reports. I would especially
draw your attention to Corporate Services Committee Report CPS-2009-03 - April 27, 2009
h~ww.niaaarafalls ca/citv halUdeoartments/finance/water information as~
Also, this Monday, )une 29th, Council will be considering the attached report in their Community Services committee, which
meets at 4:00 p.m, in Committee Room #2. Feel free to attend, Mr. Looser. the format is informal and you would have an
opportunity to speak should you wish.
I will attempt to respond briefly to some of your other concerns, within the body of your e-mail, in bold.
rick looser <carpenterrick07Ca~yahoo ca> 6/25/2009 2:45 PM
Niagara City Hall 6/16/2009
4310 Queen Street
Niagara Falls, Ontario, Canada
L2E 6X5
I Richard Looser
hereby request to be placed on the next Counsel meeting of June 29th 2009 for the following reasons..
To discuss our
current Water bills that many Niagara Falls residents can not afford to pay and
as many people are having there water shut down this has now become a Risk Of
Public Heath AND HUMAN RIGHTS.
Council and the staff fully appreciate when segments of the population have difficulty paying their bills. In fact, if you saw
today's paper you will see an advertisement on the Senior's Water Rebate, a program that has been in place for many
years.
A$100 Water account credit is available to seniors ages 65 and over who meet the following qualifications:
A City of Niagara Falls water customer
A City of Niagara Falls property owner and residing at the property
Receiving the Federal Government Guaranteed Income Supplement
Applications are available at City Hall from July 2nd to October 31st, 2009.
Staff also works out payment plans with customers in short term difficulties. The fact of the matter, though, is that there
are costs to these services. I am sure if we had a no shut off policy on water, there could be a fair amount of abuse, with
the majority of taxpayers subsidizing the delinquent others.
There are statutory protections that prevent cut off of utilities to tenants when a landlord has not paid for various essential
utilities. Also, agencies like Project SHARE often have programs to help those having difficulty with certain utility costs.
The shut off of a utility is a last resort
2) To request that a Motion be made that would
STOP ALL WATER SERVICES FROM BEING SHUT OFF to residents that can not afford
this absurd double billing of water and
sewage rates.
I'm not really sure what you mean by double billing. Nonetheless, staff is investigating capping of sewer charge, a concern
raised by the local horticultural community.
3) To request a motion to be made to audit our
?(6/29/2009) Dean lorfida Re Niagara City Hall J~ M ~ ` °
Page 4 -
current water treatment facility as to weather or not it is capable of removing
medical waist and chemical waist from our so called clean water.
The water treatment facility is Regional. The City's water supply is reguiarly tested to meet Provincial standards.
4) To demand a full audit of how much revenue
has been collected for water and sewage for the year of 2008.
There's a misconception that the municipal water and sewer utility is a major profit centre. The utility does have to be self-
funding, meaning that the property tax base cannot subsidize the utility; therefore, the revenues raised go to pay for the
costs of the system or into improved infrastructure. N. Falls City Council has been aggressive in improving such
infrastructure, especiafly in separating combined sewers.
5) To demand a complete discloser of where all the revenues generated from these
billings have been spent. (cent for cent),
Such information could be gathered. I do not have it at my fingertips, however, I can assure you that the City's auditors,
Crawford, Smith and Swallow, do such an audit.
6) To have
confirmed whether or not any other government funding had been given to the
City of Niagara falls for the purpose
of sewer or sewage work in the past 5 years.
Yes, we have received government funding from the superior levels of government and thankfully so. Such monies have
allowed the City to separate combined sewers. It should be noted that to receive such funding the City has to justify the
expenditure to the approval authority and justify the related expenditures. Rest assured, there are checks and balances.
Mr. Looser, I'd be more than happy to arrange a meeting for you with the appropriate City staff, who can, in more detail,
respond to your various valid questions. Councif will receive a copy of this e-mail and, once again, you are free to attend
Monday's meeting.
Sincerely,
Dean Iorfida
City Clerk
Thank You
Richard Looser
6612 Barker Street
Niagara Falls ON.
L2G 1V8
Yahoo! Canada Toolbar: Search from anywhere on the web, and bookmark your favourite sites. Download it now
httn: //ca.toolbar.vahoo.com.
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http://ca.toolbar.vahoo.com.
~ d(6/29%2009) Dean lorfida Fw Tenant Held Accounts M
Page 1
From: "Janice Wing" <janice_wing@cogeco.ca>
To: "Dean lorfida" <diorfida@niagarafalis.ca>
Date: 6/29/2009 3:00 PM
Subject: Fw: Tenant Held Accounts
Original Message
From: Rick Shanahan
To: Janice Wing
Sent: Mon.day, June 29, 2009 1:30 PM
Subject: Re: Tenant Held Accounts
Hi Janice,
Yes, you have my permission to use the letter, as you see fit. I hope it helps.
Rick Shanahan
On 29-Jun-09, at 11:09 AM, Janice Wing wrote:
Hi Rick,
Thank you very much for your input. May I please have your permission to forward this to the City Clerk
for inclusion in the hand-outs at this evening's meeting? IYs not just me that needs to see this.
janice
Original Message
From: Rick Shanahan
To: janice_wing@cogeco.ca
Sent: Sunday, June 28, 2009 6:42 PM
Subject: Tenant Held Accounts
June 28, 2009 Page 1
To: Janice Wing,
Alderwoman
City of Niagara FaNs
Hi Janice,
I am writing this letter because I cannot make the meeting at City Hall on Monday, June 29th.
We own a triplex on Drummond Road in Niagara Fails but we are paying the water bill, not the tenants.
The tenants should be paying for their own water usage but each apartment would have to be separately
metered. It wouldn't be fair to divide the total water bill by 3 and charge them accordingly.
Paying for the tenanYs water usage causes a number of problems:
1.. It adds to our cost of running the building
2.. We have no control over the amount of water that is being used
3.. We don't know whether the water is being used reasonably or is being wasfed
4.. There is no incentive for the tenant to conserve
5.. The tenant is not accountable for their actions
Let me state, from the beginning that I believe that the idea behind the installation of water meters was
justified. I think that everybody should be responsible for the amount of water that they use. It makes
perfect sense that people should pay for the water that they use and water meters are a good method of
~.(6/29/2009) Dean lorfida F Tw
enant Held Accounts { Page 2~
measuring this usage. The installation of water meters was sold by telling the people that charges for
average water use would be revenue neutral. In other words, the cost for 50 M3 of water under the flat
rate system would be approximately the same as 50 M3 of water under the metered system. The City did
a good job selling this concept but reality doesn't match the theory. I believe that the City of Niagara Falls
is hosing the residents of the city. Water, under.the old "flat rate" system used to be affordable. Once
water meters were installed, water usage has gone down but water bills have increased at an alarming
rate.
In fact, there have.been a number of articles in the newspaper stating that water rates must go up
because of the decrease in the water usage. I guess that the old adage is true that "Figures lie and liars
~gure".
The. City has been raising the water consumption charge, sewer consumption charge and service
charges for water and sewer almost every year since 2001.
Page 2
The following is a list of these increases:
March 2001
Water Consumption Charge = .410 / M3
Sewer Consumption Charge = .806 / M3
Service Charge for Water (constant) _$27.84 per 2 months
Service Charge for Sewer (constant) _$14.90 per 2 months
2 Month Bill on 50 M3 (average usage) _$103.54 ($621.24 yearly) .
January 2002
Water Consumption Charge = .442 / M3
2 Month Bill on 50 M3 (average usage) _$105.64 ($633.84 yearly)
January 2003
Water Consumption Charge = .484 / M3
2. Month Bill on 50 M3 (average usage) _$107.24 ($643.44 yearly)
January 2004
Water Consumption Charge = .514 / M3
2 Month Bill on 50 M3 (average usage) _$108.74 ($652.44 yearly)
May 2005
Water Consumption Charge = .561 / M3
Sewer Consumption Charge = .878 / M3
Service Charge for Water (constant) _$40.88 per 2 months
Service Charge for Sewer (constant) _$23.92 per 2 months
2 Month Bill on 50 M3 (average usage) _$136.75 ($820.50 yearly)
April 2006
Water Consumption Charge = .578 / M3
Sewer Consumption Charge = .878 / M3
Service Charge for Water (constant) _$39.12 per 2 months
Service Charge for Sewer (constant) _$27.64 per 2 months
2 Month Bill on 50 M3 (average usage) _$135.84 ($815.04 yearly)
March 2007
Water Consumption Charge = .6024 / M3
Sewer Consumption Charge = .8544 / M3
Service Charge for Water (constant) _$40.14 per 2 months
Service Charge for Sewer (constant) _$37.16 per 2 months
2 Month Bill on 50 M3 (average usage) _$150.14 ($900.84 yearly)
Page 3
November 2008
Water Consumption Charge = .6493 / M3
Sewer Consumption Charge = .8760 / M3
Service Charge for Water (constant) _$42.98 per 2 months
Service Charge for Sewer (constant) _$40.82 per 2 months
2 Month Bill on 50 M3 (average usage) _$160.25 ($961.50 yearly)
March 2009
Water Consumption Charge = .7602 / M3
~
~(6%29%2009) Dean lorfida Fw Tenant Held Accounts m
= . . .
~ Page
Sewer Consumption Charge = .9609 / M3
Service Charge for Water (constant) _$43.65 per 2 months
Service Charge for Sewer (constant) _$40.26 per 2 months
2 Month Bill on 50 M3 (average usage) _$169.97 ($1,019.82 yearly)
The water rates have increased 64% in 9 years or more than 7% / year.
Note: Our total water / sewer bill for 1999 was $555.00 (flat rate)
I think that the figures above iilustrate that I am not really thrilled with the City's professed desire to
conserve water through the use of water meters. The conservation of water should be rewarded with a
similar decrease in costs. It appears that just the opposite is true.
Now the City would like to discontinue "Tenant Held Accounts". f assume that they would like to do this
because they have found that money that is owed by some tenants is basically uncollectible. The City is
just beginning to find out what landiords have known for years - some people are deadbeats.
The elimination of "Tenant Held Accounts" is the City's method of taking the "Easy Way Out". It.is much
easier. to collect money that is owed to the City by adding it to the landlord's tax bill. Everyone knows that
this isn't right. Everyone knows that this isn't fair but it is easy.
The tenant is the one who used the water therefore the tenant is the one who should be paying for the
water.
Landlords are forced by the Ontario Government to use every legal means to recover money owed to
them by deadbeat tenants. In the end, many landlords are forced to take these tenants to Small Claims
Court. The City should be obligated to do the same.
If this were to happen, some of these people would be forced to take responsibility for their actions.
Page 4
Janice, I agree with your statements that a tenant would have no incentive to conserve, if the landlord is
footing the bill. I also agree that when the relationship goes sour between the landlord and the tenant, the
. tenant can use excessive water usage as a weapon.
I don't agree that the City should increase the deposit for Tenant Held Accounts because I don't think
that most tenants would be able to afford another payment.
The problem with our society is that people aren't held accountable. A minority of tenants has been
allowed to skip out on what they owe. They have been allowed to damage other people's property and
have not been forced to pay for the damage.
The Residential Tenancies Act allows tenants to move in extra people, if they feel like it. The landlord
has no say in the matter. The Act allows tenants to move in pets whether the landlord allows pets or not.
The Act allows a tenant to pay their rent late on a regular basis with no repercussions to the tenant.
Now the City wants to allow tenants to skip out on their water bills by forcing the landlord to pay these
costs.
It is quite likely that deposits would not be required at all, if tenants were held accountable for their
actions.
Sincerely,
Richard Shanahan
CC Miki Richardson
~~6/29/2009) Dean lortida Re unfair water charges Page 1~
~com: Ken Burden
To: brian.wilkie@npei.ca; Council Members; Ed Dujlovic; Janice Wing; Ken...
~ate: 6/26/2009 4:23 PM
Subject: Re: unfair water charges
CC: Dean Iorfida; Todd Harrison
Just as a reminder, Finance Staff has prepared report F-2009-37 Water Account Collections - Residential Tenanted Accounts
for the June 29th meeting of the Community Services Committee. As this report is of interest to both property owners and
tenants, please take the time to pass along this information to those that have personally contacted you on this matter.
The report can be accessed on the City's web site by using the following link :
httq://www.nia4arafalis.ca/weblink7/DocView asnx~id=399423
Users can then enter the codes 'public' and 'access' in the appropriate boxes to enter the laser fiche weblink which will take
the user directly to the Community Services Agenda and the related reports.
Trusting this information will be of some assistance,
Ken Burden
Executive Director of
Corporate Services
City of.Niagara Falis
905-356-7521 ext.4288
905-356-2016 (fax)
kburden@niagarafalls.ca
"Janice Wing" <janice wing coqeco.ca> 6/6/2009 11:11 AM
Hello everyone,
Please see concerns below which I am bringing forward on behalf of an affected taxpayer. I recall some of us attending
meetings previously with other landlords on this issue, which was never successfully resolved.
Janice
Good Morning Janice - I would greatly appreciate meeting with you and other Aldermen to discuss the unfair way that
landlords are treated when their tenants use water without paying for it, leave the premises with large water bills
outstanding, and the City charges and adds the bill onto the homeowners taxes without the owner being notified of this.
In addition, the City charges a processing fee as well as penalty when the responsible homeowner has made repeated
attempts to contact both Niagara Peninsula Energy as well as the City who REFUSE to give any information whatsoever to
the owner because of the Information of Freedom and Privacy Act but have no qualms respecting the unfairness to the
homeowner who have not used the water consumption.
Repeated attempts for help have failed, and as I have become a victim of this, I am respectfully requesting your assistance.
As their is currently a review of water and sewage rates, perhaps this is a good fit to bring it to the attention of all Council
Members.
. e ~
(6/29%2009)~ Dean lorfida Fw Tenant Held Accounts ~
.
, . _ . _ Page ~
From: "Janice Wing" <janice_wing@cogeco.ca>
To: "Dean lorfida" <diorfida@niagarafalls.ca>
Date: 6/29/2009 3:00 PM
Subject: Fw: Tenant Held Accounts
Original Message
From: Rick Shanahan
To: Janice Wing
. Sent: Monday, June 29, 2009 1:30 PM
Subject: Re: Tenant Held Accounts
Hi Janice,
Yes, you have my permission to use the letter, as you see fit. I hope it helps.
Rick Shanahan
On 29-Jun-09, at 11:09 AM; Janice V11ing wrote:
Hi Rick,
Thank you very much for your input. May I please have your permission to forward this to the City Clerk
for inelusion in the hand-outs at this evening's meeting? It's not just me that needs to see this.
janice
Original Message
From: Rick Shanahan
To: janice_wing@cogeco.ca .
Sent: Sunday, June 28, 2009 6:42 PM
Subject: Tenant Held Accounts
June 28, 2009 Page 1
To: Janice Wing,
Alderwoman
City of Niagara Falls
Hi Janice,
I am writing this letter because I cannot make the meeting at City Hall on Monday, June 29th.
We own a triplex on Drummond Road iri Niagara Falls but we are paying the water bill, not the tenants.
The tenants should be paying for their own water usage but each apartment would have to be separately
metered. It wouldn't be fair to divide the total water bill by 3 and charge them aecordingly.
Paying for the tenanYs water usage causes a number of problems:
1.. It adds to our cost of running ttie building
2.. 1Ne have no control over the amount of water that is being used
3.. We don't know whether the water is being used reasonably or is being wasted
4.: There is no incentive for the tenant to conserve
5.. The tenant is not accountable for their actions
Let me state, from the beginning that I believe that the idea behind the installation of water meters was
justified. I think that everybody should be responsible for the amount of water that they use. It makes
perfect sense that people should pay for the water that they use and water meters are a good method of
~(6/29/2009) Dean lorfida Fw Tenant Held Accounts rt ~ Page 2~
measuring this usage. The installation of water meters was sold by telling the people that charges for
average water use would be revenue neutral. In other words, the cost for 50 M3 of water under the flat
rate system would be approximately the same as 50 M3 of water under the metered system. The City did
a good job selling this concept but reality doesn't match the theory. I believe that the City of Niagara Falls
is hosing the residents of the city. Water, under the old "flat rate" system used to be affordable. Once
water meters were installed, water usage has gone down but water bills have increased at an alarming
rate.
Iri fact, there have been a number of artic{es in the newspaper stating that water rates must go up
because of the decrease in the water usage. I guess that the old adage is true that "Figures lie and liars
figure".
The City has been raising the water consumption charge, sewer consumption charge and service
charges for water and sewer almost every year since 2001.
Page 2
The following is a iist of these increases:
March 2001
Water Consumption Charge = .410 / M3
Sewer Consumption Charge = .806 / M3
Service Charge for Water (constant) _$27.84 per 2 months
Service Charge for Sewer (constant) _$14.90 per 2 months
2 Month Bill on 50 M3 (average usage) _$103.54 ($621.24 yearly)
January 2002
Water Consumption Charge = .442 / M3
2 Month Bill on 50 M3 (average usage) _$105.64 ($633.84 yearly)
January 2003
Water.Consumption Charge = .484 / M3
2 Month Bill on 50 M3 (average usage) _$107.24 ($643.44 yearly)
January 2004
Water Consumption Charge = .514 / M3
2 Month Bill on 50 M3 (average usage) _$108.74 ($652.44 yearly)
May 2005
Water Consumption Gharge = .561 / M3
Sewer Consumption Charge = .878 / M3
Service Charge for Water (constant) _$40.88 per 2 months
Service Charge for Sewer (constant) _$23.92 per 2 months
2 Month Bill on 50 M3 (average usage) _$136.75 ($820.50 yearly)
April 2006
Water Consumption Charge = .578 / M3
Sewer Consumption Charge = .878 / M3
Service Charge for Water (constant) _$39.12 per 2 months
Service Charge for Sewer (constant) _$27.64 per 2 months
2 Month Bill on 50 M3 (average usage) _$135.84 ($815.04 yearly)
March 2007
Water Consumption Charge = .6024 / M3
Sewer Consumption Charge = .8544 / M3
Service Charge for Water (constant) _$40.14 per 2 months
Service Charge for Sewer (constant) _$37.16 per 2 months
2 Month Bill on 50 M3 (average usage) _$150.14 ($900.84 yearly)
Page 3
November 2008
Water Consumption Charge = .6493 / M3
Sewer Consumption Charge = .8760 / M3
Service Charge for Water (constant) _$42.98 per 2 months
Se[vice Charge for Sewer (constant) _$40.82 per 2 months
2 Month Bill on 50 M3 (average usage} _$160.25 ($961.50 yearly)
March 2009
Water Consumption Charge = .7602 / M3
,(6/29/2009) Dean lorfida Fw Tenant Held Accounts
..r,~ ,.,.~_.w.m , ..~~_...W Page3,
Sewer Consumption Charge = .9609 / M3
Service Charge for Water (constant) _$43.65 per 2 months
Service Charge for Sewer (constant) _$40.26 per 2 months
2 Month Bill on 50 M3 (average usage) _$169.97 ($1,019.82 yearly)
The water rates have increased 64% in 9 years or more than 7% / year.
Note: Our total water / sewer bill for 1999 was $555.00 (flat rate)
I think that the figures above illustrate that I am not really thrilled with the City's professed desire to
conserve water through the use of water meters. The conservation of water should be rewarded with a
similar decrease in costs. It appears that just the opposite is true.
Now the City would like to discontinue "Tenant Held Accounts". I assume that they would like to do this
because they have found that money that is owed by some tenants is basically uncollectible. The City is
just beginning to find out what landlords have known for years - some people are deadbeats.
The elimination of "Tenant Held Accounts" is the City's method of taking the "Easy Way 0uY'. It is much
easier. to collect money that is owed to the City by adding it to the landlord's faic bill. Everyone knows that
this isn't right. Everyone knows that this isn't fair but it is easy.
The tenant is the one who used the water therefore the tenant is the one who should be paying for the
water.
Landlords are forced by the Ontario Government to use every legal means to recover money owed to
them by deadbeat tenants. In the end, many landlords are forced to take these tenants to Small Claims
Court. The City should be obligated to do the same.
If this were to happen, some of these people would be forced to take responsibility for their actions.
Page 4
Janice, I agree with your statements that a tenant would have no incentive to conserve, if the landlord is
footing the bill, i also agree that when the relationship goes sour between the landlord and the tenant, the
tenant can use excessive water usage as a weapon.
I don't agree that the City should increase the deposit for Tenant Held Accounts because I don't think
that most tenants would be able to afford another payment.
The problem with our society is that people aren't held accountable. A minority of tenants has been
allowed to skip out on what they owe. They have been allowed to damage other people's property and
have not been forced to pay for the damage.
The Residential Tenancies Act allows tenants to move in extra people, if they feel like it. The landlord
has no say in the matter. The Act allows tenants to move in pets whether the landlord allows pets or not.
The Act allows a tenant to pay their rent late on a regular basis with no repercussions to the tenant.
Now the City wants to allow tenants to skip out on their water bills by forcing the landlord to pay these
costs.
It is quite likely that deposits would not be required at all, if tenants were held accountable for their
actions.
Sincerely,
Richard Shanahan
CC Miki Richardson
N~a ara
Jim Williams Direct:
Phone: 905/356-2241, ext. 223
u1 S ~ ~ Fax: 905/354-6041
E-Mail: jwilliams~a niagaraparks.com
An agency oCthe. <;overnment of On41rio since iRH5
/
June 26, 2009
Mayor Salci & Members of Council
City of Niagara Falls
P. O. Box 1023
Niagara Falls, ON L2E 6X5
Dear Mayor & Members of Council:
lZe: Dele~ations Concerned About The Nia~ara Parks Commfssion
Thank you for your recent invitation to your Council meeting on June 29, 2009 however, in light of
the current reviews of The Niagara Parks Commission being undertaken by the government and
our Ministry of Tourism, it would not be appropriate to appear at this time until these matters are
formally concluded. I look forward at a future opportunity to meet with you to discuss any
concerns which you may have.
In the interim, I would like to address some of the allegations which are cunently being written in
the local papers and in written submissions which I am aware are being presented tonight.
It is true that like every other tourism business in Niagara Falls, and for that matter in Canada, we
are continuing to struggle under the reality of significant declines in tourist visitation. This is
particularly true in relation to American visitation and has now escalated to Europe and Asia as a
result of the on-going misrepresentations of the N1H1 Flu situation. As the Globe and Mail
pointed out in its article on Monday June 22, 2009 (attached), American visitation has slumped
from a high of 70% visitation to the Parks in 1999 to less than 40°Io today. This loss together with
the financial impacts it brings is causing every tourism business in Canada to re-think its business
operations to accommodate the corresponding loss in revenues.
In Niagara Parks, this has meant that we must continuously prioritize our business operations and
the investments we make in them to ensure long term viability and sustainability for the future.
Considering we spend over $16 million each year in maintaining and preserving our lands, without
any financial return being realized, is a demonstration of our on-going commitment to maintain the
Parks to the best of our ability in the current tourism climate. While we would echo the concerns
being expressed regarding our ability to invest more in maintenance and preservation
responsibilities, like the City, we have limited resources to work with and must utilize them in the
most prudent and responsible ways. I am pleased to also state that in doing so, we have been able
to maintain our staffing levels and have avoided layoffs during our busy season.
,Iim Williams ~I~E NgAGAIZA PARKS COMMISSION John Kernahan
Chairman P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 General Manager
www. niagarap arks . com
In relation to our investment in our Table Rock Complex, while visitation has impacted this facility
to the same degree as others, I am pleased to say that these investments are the primary reason that
our attraction and food and beverage revenues were greatly improved to the end of May. Up to the
beginning of June revenues were up approximately 8°Io compared to last year. This demonstrates
what the Tourisin Industry Association of Canada said last year and the Sorbara Report this year,
that in order for Canada to stay as a prominent World Tourism Destination, significant financial
investments must be made to continue to attract the more discriminating tastes of today's tourist. It
also more than justifies our decision, which was made back in 2005, to undertake these
renovations. It should be noted however that there has been a significant reversal since June when
the new documentation requirements came into effect at the border.
My final comments are in regard to the Maid of the Mist lease situation and the many mis-
representations of the truth being expressed in the newspapers and amongst some in our
community. While the Commission has committed to a formal review of this lease situation, in
concert with our Ministry, the assertions being made that it represents a loss in revenues from the
current lease is false. While I'm not at liberty to discuss the financial terms of these negotiations at
this time, I can assure you that the current terms would represent higher returns to the NPC in slow
years, such as we are experiencing this year, and would preserve our revenue stream up to the
historic highs which were experienced before the negotiations.
This lease has undergone the most intense scrutiny of any lease of its kind by the Ministry of
Finance the Ministry of Tourism and the Integrity Commissioner. It would stand to reason
therefore, that if it represented the losses being reported on in public by those who are either ill
informed or purposely misrepresenting the truth, the government would have voiced their concerns
and we would have undertaken a different set of negotiations.
In closing, I would point out that The Niagara Parks Commission is made up of very successful
business people, mayors and councilors who have the same level of commitment and passion for
the Parks as those being expressed by these delegations. The difference is we are also responsible
for maintaining the financial stewardship over the Parks to ensure its long term viability. This is an
obligation we will continue to take seriously and exercise with as much concern and commitment
as those being expressed by others tonight.
Thank you for your attention.
Yours truly,
Jim illiams,
: Cha rman
2
µ(6/26/2009) Dean lorfida Declme in American visitation Globe story June 22, 2009 ~ Page 1'
From: Cummings Leanne <Icummings@niagaraparks.com>
To: Cummings Leanne <Icummings@niagaraparks.com>
Date: 6/26/2009 4:05 PM
Subject: Decline in American visitation - Globe story June 22, 2009
Where in the world liave all the tourists gone?
Since 2001, the number of day trips that Americans have taken to Canada has decreased by almost 70
per cent
SUSAN KRASHINSKY - From Monday's Globe and Mail, Monday, Jun. 22, 2009 04:38AM EDT
At the Ripley's Believe it or Not Museum in Niagara Falis, you can see shrunken heads, a portrait carved
in tree fungus, and a Statue of Liberty model made with more than 100,000 matchsticks.
One thing you don't see much of any more is American tourists.
"Back in 1999 and 2000, we had a wonderFul rubber tire market, wonderFul U.S. visitation," said Tim
Parker, general manager of Niagara Falls attractions for Jim Pattison Group, which owns Ripley's.
Tourists from the United States used to account for up to 70 per cent of Mr. Parker's visitors. That's
dropped to less than one-third.
Visits to see wax figures and oddities isn't the only tourism market that has experienced a decline.
According to numbers released by Statistics Canada on Thursday, U.S, traffic across the border has
plummeted in recent years.
Since 2001, the number of day trips that Americans have taken to Canada has decreased by almost 70
per cent.
And it could get worse. As of June 1, travellers are required to show a passport or secure document to
cross the border - including American citizens, less than a third of whom have a passport.
"It's a huge disincentive," said Robin Ritchie, a marketing professor at Carleton University's Sprott School
of Business. "I don't think we've even begun to see the effects of that. We can anticipate further downward
pressure on U.S. travel to Canada."
The impact is already evident at the Peace Bridge, a popular border crossing 25 kilometres south of
Niagara Falls. Since June 1, car traffic has dropped 13 per cent compared with this time last year, and
almost 40-per-cent fewer buses have been rolling into Canada.
There is both the reality and the perception that the border has become more difficult to cross," Prof.
Ritchie said.
By land or by sea, it's proven bad for business. In Victoria - a big draw for Americans thanks to ferries like
the Clipper and the Coho that provide a direct link to Washington State - there's "no question" that
American visits have dropped over the past few years, said Ken Kelly, the general manager of the
Downtown Victoria Business Association.
"People are looking at their own stay-cations," Mr. Kelly said. "I just came out of a meeting where people
were discussing how to attract people to this city of ours. We want to make this destination, Victoria, more
appealing."
Aside from passport regulations, security has tightened. The number of U.S. Customs and Border
Protection guards stationed along the Canadian border has gone up nearly 80 per cent since 2000.
The 9/11 attacks had a huge impact on the American psyche, according to Prof. Ritchie, who said this has
had an effect on their travel decisions. "i think Americans felt less safe, more inclined to stay at home," he
said.
At Ripley's, Mr. Parker has been feeling the pinch, and he's doing his best to bring customers back. A
combo ticket for three of his local attractions used to cost $30, and he's chopped the price of admission to
$25.
"In tough times, you've got to turn up the heat," Mr. Parker said. "We gave you bread before, now we're
going to give you bread and butter."
It's clear Mr. Parker knows on which side his bread is buttered. Even with the drop, Americans remain the
biggest market for tourism in Canada. In April alone close to two million people came here from the United
States - almost five times the number of visitors from all other countries combined.
When it comes to Canadians' tourism choices, travel to the U.S. has lost some of its appeal, too. In April,
13 per cent fewer Canadians crossed the border compared with last year. By contrast, Canadian travel to
other countries overseas increased 6 per cent.
The ease of online booking has made international travel more appealing, said Sean Shannon, managing
director of Expedia Canada. "It's taken some of the mystery out of faraway places," he said. "In the old
} 6/26/2009 Dean lorfida Decline in Amencan visitation Globe story June 22, 2009 T ~ Page 2,~
)
days, you might have a neighbour who'd say, 'I just took this great trip to Budapest.' But it relied so much
on word of mouth. Today, iYs so easy. Having content, pricing and consumer reviews at your fingertips,
24/7, has really changed it."
Canadians have a renewed interest in Europe, particularly destinations like Warsaw and Istanbul, where
travellers can find savings, said Brian Simpson of Travelocity Canada. He has also seen more interest in
travel within Canada.
"It's a go-big-or-stay-home mentality," Prof. Ritchie said. "If you're trying to save money, you stay in
Canada. If you want an exotic vacation, you take it. The U.S. is not seen as exotic."
- In fact, April saw the second-highest rate ever of Canadian travel to non-U.S. countries. According to
Statistics Canada economist Eric Desjardins, it's an upward trend that has been continuing for almost as
long as the decline in U.S. visitors to Canada.
Even during the recession, "there's a good steady trend to global locations," Mr. Shannon said. "Travellers
have benefited from the lack of demand, and they've gotten great deals.
"There's been deflation from a pricing perspective. As a traveller, who wouldn't like that?"
'A go-big-or-stay-home mentality'
Key figures on travel into and out of Canada:
Travel to Canada:
April, 2008: 2,306,000
April, 2009: 2,267,000
Year-over-year difference:
1-per-cent lower
Travel to Canada from the U.S.:
April, 2008 1, 900, 000
April, 2009 1,885,000
Year-over-year difference:
0.79=per-cent lower
(The number of same-day car trips from the U.S. has declined by 68.2 per cent since 2001.)
Travel to Canada from other countries:
April, 2008 406,000
April, 2009 382,000
Year-over-year difference:
5.90-per-cent lower
Canadian trips abroad:
April, 2008: 4,423,000
April, 2009: 3,947,000
Year-over-year difference:
More than 10-per-cent lower
Canadian trips to the U.S.:
April, 2008: 3,757,000
April, 2009: 3,243,000
Year-over-year difference:
More than 13-per-cent lower
Canadian trips to non-U.S.
countries:
April, 2008: 665,000
April, 2009 705,000
Year-over-year difference:
6-per-cent higher
Source: Statistics Canada
(6/25/2009) Dean lorfida Item for Council meeting June 29th ` -
_ Page1'.,
From: "Bob Gale" <galesgas@niagara.com>
To: <diorfida@niagarafalls.ca>
Date: 6/24/2009 5:18 PM
Subject: Item for Council meeting June 29th
Attachments: REVISED Parlato V10#24.pdf; NPC Council letter.doc; Premier Mcquinty.doc
CC: <council@niagarafalls.ca>, "'Craitor_Kim-MPP-CO"' <kcraitor.mpp.co@liber...
Hello Dean
I respectfully request for you to include the above letter to the Mayor and
Council, the article from the Niagara Falls Reporter and the letter to the
Premier with the Councilors packages for City Council on Monday June 29th.
I have read that Preserve our Parks will make a presentation and I wish this
to be included. I am not able to make a scan of Andy Henderson's letter
that I make reference to in the letter to the Premier but I will include it
in paper form and it will be delivered to you tomorrow.
I will be away from June 27th to July 8th but will be checking this email
everyday if you have questions. I am willing to appear at anytime, anywhere
to back up my facts on this letter. I have copied Council members as well
on this as t feel we must all realize that the NPC is us and reflects
heavily on the City of Niagara Falls.
I have also copied the local MPP's Craitor, Hudak and Kormos who care about
the Parks and the NPC Union Rep as well as Preserve Our Parks. I only wish
the Minister of Tourism and Premier would show the same concern for our
Niagara Parks and make the right decisions.
Thanks
Bob Gale
I
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June 24, 2009
Mayor Ted Salci and Members of Council
Niagara Falls, Ontario
Canada
Re: Niagara Parks Commission in relation to our City
Dear Mayor:
I have read that members of Preserve Our Parks (POP) will be in attendance at Monday
June 29ths Council meeting to discuss the situation with the Niagara parks Commission
in relation to the City of Niagara Falls and unfortunately I will be out of the Country. I
have remained silent about my NPC concerns for the last few months hoping the
Provincial Government will make the right decisions with their audits etc. I am wrong
and feel I should comment on how I feel the City has been let down and that this is a City
of Niagara Falls matter.
I met Pat Mangoff personally for the first time last week and I was shown pictures of the
Niagara Parks that were taken this spring. I am thankful that this organization is looking
into the deterioration of railings, streets etc but I am astonished that the wrong decisions
are still being made by the NPC and the Ministry of Tourism to correct this. It was POP
that had the stamina to stop the Gondola years ago when I believe the NPC was blinded
by just trying to make money.
The situation with the Niagara Parks Commission reflects directly on the City of Niagara
Falls and its tourism business and cannot be dismissed by Council as "not our problem".
If the NPC were run like a business that cares about the taxpayer and controls their
money as if it were their own none of the items including, non tendered Maid Lease,
IMAX secrecy in its proposal for funding a theatre at Table Rock, NPC borrowing $38
million when the Ministry admits they have not reviewed the last 3 Financial Statements
- would have occurred: Too bad there is so much more to tell.
It stills astounds me that our Representative from Niagara Falls City Council who sits on
the Niagara Parks Commission Board remained silent when on May 20, 2008 the NPC
Chairman stated to the CEO of IMAX, Bob Perkins, that "the Parks Commission has no
ethical or legal obligation to Niagara Falls tourism or to the local business community".
Why was it only I that reacted to this yet I receive criticism for disputing the poor
processes of the NPC from the Government? It took certain City Councilors to bring this
irresponsible quote to light but not your representative???
Please take a look at the attachments I have included with this letter. I sent a registered
letter to the Premier with copies to his Cabinet and our local area MPP's on June 2, 2009.
In it I gave him a chance to bring the Maid Lease back for Tender and I would support
his decision. I felt that this would give the Government an out to try and look good. To
this day I have not received a response from anyone other then our MPP Kim Craitor who
told me it was an excellent letter. Tourism Minister Monique Sinith still makes no
comment on this item although she demanded the lease come back to be reviewed by the
NPC Board. This is the same Board - minus me - the one who brought to light the poor
processes and mistreatment of local businesses, Ripley's and IMAX.. Please ask our City
Council Representative whether I was wrong in my facts about what transpired and if he
truly believes the NPC handled this Lease in the best interests of the taxpayers. It will all
come out in court in the Fall when I am called to the stand with Bill Windsor's complaint
about the unfair Maid of the Mist lease process anyways.
It was the Minister of Tourism who ordered an audit of the NPC based on what the
Integrity Commission found. Even though Kim Craitor and I have asked that the Ontario
Audit Division interview the Niagara Parks Union and I about the poor business practices
and decisions in the past - we have not been called. Does the Provincial Government
care about the truth? It does not seem that way. The Maid of the Mist Lease will be a
rubber stamp and the NPC will declare losses for years as a result if this City Council
does not speak up. Remember that your grant in lieu of taxes will be put off this year -
you and I both know that next year probably won't be better and the City could use the
money. Just by then the Government will have new Ministers and others who can pass
the responsibility to others. Shame on them!
Please listen to Preserve Our Parks and demand accountability from our City Council
Rep on the NPC Board. If a Confidentiality Agreement is always the answer then why
do we have Municipal and Regional Government appointees? I have tried to help this
Community in many ways over the last years and I wonder if others care as much. A
healt9~y Niagara Parks Commission certainly he~ps to make a health~er City of
Niagara ~alls.
One last note. I feel it should always be the Mayor of Niagara Falls that sits on the Board
of the Niagara Parks Corrunission. If Fort Erie's and Niagara On the Lake's Mayor are
the appointees we should have the same clout. I understand the reasons why this was
changed - I just do not agree with them as a taxpayer. The Mayor should never have a
conflict when necessary items come up as he is expected to wear 2 hats when serving on
the Commission. Councilors could have numerous conflicts.
Respectfully Submitted,
Bob Gale
cc. MPP Kim Craitor,
MPP Tim Hudak
MPP Peter Kormos
Niagara Parks Union Rep Bill Rudd
Preserve Our Parks
June 2, 2009
Premier Dalton McGuinty
Legislative Building
Queen's Park
Toronto, Ontario
M7A l A l
Re: Niagara Parks Commission Unfair Process and Maid of the Mist Lease Renewal
Dear Premier McGuinty:
As I have taken every avenue available to me to stop the unfair process and the wrongful
business practices of the Niagara Parks Commission, I have been left to send you this
registered letter and attached letters so that you, being the highest authority, will make the
right and fair decision for the taxpayer, to send back the lease of the Maid of the Mist for
proper tender.
I have seen letters to Hon. Monique Smith that go unanswered and i feel she has
surrounded herself with people who don't care about the Niagara Parks and the loss of
money that a non tendered agreement would have. As you may be aware, Ripleys
Entertainment has guaranteed at least $2 million more per year if they were to win the
tender for the new lease. Alcatraz Media from Atlanta has let it be known that their
tender would provide at least $96 million more over the 25 year duration if they were to
win the lease. These ai•e just offers that would happen if they won, imagine what a
proper tender would provide in income. The Niagara Parks has lost millions of dollars
last year and has delayed their grant in lieu of taxes to the City of Niagara Falls. They are
quick to provide every excuse imaginable for the reason for losses but in private business
we would be forced to deal with this and react or go bankrupt.
You will find attached, an email that I sent to all Commissioners and the Chairman of the
Niagara Parks the day after the unfair vote was had in Apri12008. By this email alone,
that was unchallenged by anyone, you can see how I have stood up against the dirty
process that our Chairman allowed. You have also heard that former Minister of Tourism
Peter Fonseca allowed Niagara Parks Chairman Jim Williams to state to the CEO of
IMAX Theaters that the Niagara Parks Commission "has no ethical or legal obligations to
Niagara Falls tourism or to the local business community". This was said after I exposed
to the Commissioners in May 2008 that IMAX had a meeting in Nov 2006 with the
Chairman of the NPC to offer to build a theatre at Table Rock, another option to us
borrowing $38 million for Table Rock. A few months ago the Globe and Mail exposed
that the Ministry of Tourism has not reviewed the last 3 years of NPC financial
statements, yet they allowed us to borrow $38 million??? I was the only one that
challenged the comment against the taxpayers by the Chairman. Certainly there is no
legal obligation but to say that to the taxpayers??? For the Minister to allow it??? When
I met with the Ministry of Tourism and explained my case in July 2008 and they didn't
have the courtesy to respond to me, I also showed them their 2008 Tourism brochure that
had a picture of Ripley's "Great Wolf Lodge" in the centre of it and stated that their
should be partnerships with private business. I am embarrassed by our Ministry of
Tourism.
I have also enclosed a letter from respected Niagara Falls solicitor Andy Henderson. As
the Chair of the Niagara Parks tried to intimidate the Commission May 2008 by saying
there could be a$50 million lawsuit from the Maid of the Mist if the lease was sent back
for further review and tender, Mr. Henderson and another prominent lawyer in Niagara
Falls both agree that if there is no Order in Council, there is no lease. This is one of the
reasons the govei~runent has thrown at me to try and keep the unfair lease in place. I have
also heard rumours of a"Memorandum of Understanding" whereby the Niagara Parks is
allowed to do their own deals without Government say. I have never been shown this in
writing and doubt it exists, but is only to intimidate us more. Please send the lease back
so that the Niagara Tourism economy may benefit from the extra revenues it will gain for
years to come. Or turn a blind eye to this extra $100 million and make the public fund
the NPC for all there losses because an unfair process was allowed by your government.
Finally, the Ontario Integrity Commission made a melancholy ruling of audits of the
Niagara Parks Commission and a suggestion that the Maid lease be sent back to make
sure it was handled according to Government standards. This lease was sent back to the
same Board to review without me being on it as my first years term expired. Do you
really think this will change anything and there is even a dim ray of hope for a proper
tender process with the same people making the decisions? I called MPP Kim Craitor to
find out how I could meet with these investigators to explain the losses and improper
processes the Niagara Parks has done as explained to me by employees, businessmen and
citizens. I was allowed to meet with KPMG's governance investigators and give my
opinions for the future but to this day the Ontario Audit Investigators have not called me
to look into the practices that have been explained to me that were illegal and possibly
corrupt in the past. You are allowing the same people to bury us again and keep the Old
Boys Club in place. No one is able to talk to these auditors except NPC management!
Please have conversation with MPP Kim Craitor about this and I would request a
response to this letter within 7 days. I have not given this letter to the media and
guarantee you it will not be given to them for 7 days to allow for a common sense
conversation and verdict to this ordeal. I have sent the letter, without the email of the
vote (it includes confidential NPC information that would cause taxpayers to revolt), to
MPP's Kormos and Hudek buf I really hope they demand to see what has transpired at
the NPC. I have also sent this letter to the Members of Cabinet as I cannot believe
Ministers I respect like George Smitherman etc would allow this to happen. MPP's
Craitor, Kormos and Hudek care about the Niagara Parks and I hope others in Toronto
may start to. There has been a lawsuit launched by William Windsor (Alcatraz Media)
over the unfair handling of this lease and I will be asked to give evidence on the stand in
. IVIc~Ufl71e1EY, I)YJRDAN, ~IENDERS~N & ~Q]l~~lE'TT
Br~rrtsters, Snllcttors, Notaries
A.D. I-IENDERSON, B.A., I,L.B. MAILING ADDRESS: F.C. MCI3URNF.Y, Q.C. 871-1963)
R.E. CORBETT, B.A., LL.B. P.O. BU~ I77, NIAGARA TALLS, ONTAR[O, CANADA, L2~ !T3 W.J. MCBURNEY, Q.C. (1903-1978)
R.E. DURDAN, M.B.~., LLR. R.S. I)URDAN, B.A. (1912-1991)
4759 Qi)EEI~' STREC'1'
NIAGARA FALLS, ONTARIO, L2E 2ti1 ]
TELEPHONE (905) 356-4511
FAX (905) 356-8938
fi-MAIL LAWADF~~NIAGARA.COM
May 28, 2009
Pre~nier Dalton McGuint~~
Legislalive Building
Queen's Park
Toz•onto, ON M7A 1 A 1
Dear Honourable Dalton McGuinty:
Re: Amendin,~A~reement
We are tl~e solicitors for Mr, Bob Gale a former inexz~ber of the Board of
Commissioners of The Niagara Parks Commission concerning an undated Amendizig Agreement
betweezi "The Niagara Parks Commission" and "Maid of the Mist Steamboat Company Limited".
T11is Amei~ding Agreement purports to extend an existing lease dated July 21, 1989 between
"The Niagaxa Parlcs Commissiozi", as Landlord, and "Maid of ttae Mist Steamboat Compaziy
Limited", as Tenant, for a further period of twenty-five years. According to pa~•agraph 4. of the
Amendii~g Agxeement the exiensio~i of the lease "is conditional upon receipt of the approval of
the Lieutenant Governor in Council."
We have ~•eviewed the Amending Agreeine~it as above set fot-tli and it appears
clear tl~at since the agreement has not been appxoved by t~e Lieute~~ant Governor in Council there
is no valid agreement Uetweez~ "The Niagara Parks Coinmission" and "Maid of the Mist
- - Steamboat Company Lixnited.
Mr. Gale advises the writer that the Chairman of Tl~e Niagara Parks Cominission made
comments to the Boa~•d of Comniissiot~ers last year that there could Ue as much as a Fifiy Millioz~
Dollar ($50,000,000.00) lawsuit b~•ougllt by the Maid of the Mist Steamboat Coxnpany Limited if
the existing Amending Agree~nent extending the lease was returned to The Niagara Parks
Comznission Boaxd for more due diligence. Mr Gale's position is tlsat such con~.ments by the '
Chairznan of The Niagara Parl~s Commission wexe ~~n•ongful, misleadi~lg and possibly
intimidating based on tlae infoi~rnation he az~d other Board members recei~~ed fi•om the Chairman
of The Niagara Pa~•ks Coznmission at that tinze concerning t11e renewal of the existi~~g lease.
There would seem to have been no legal validity for the Chairinan of The Niagara Parks
Conlinission to malce those con~ments to the Board of Comnnissioners of The Niagara Parks
Comrnission as the Atnei~din~ Agreement stated in Section 4. that tl~e extension of the lease was
conditional upon the receipt of the approval of the Lieute~ia~zt Governor in Council for Ontario
whick~ ~pproval 1~ad not been a~eceiv~d.
. , ° '
We would appreciate hearing fi•om youx office at your earliest convenience once
you have had an op~oz~tunity to review the contents of this lette~•.
Thank you for your co-operation herein.
Yours very t
~
e~~ Azldrew Douglas Hendersan,
p (for the ~rm).
) _
_ ~
°(6/26/2009 Dean ~lorfida ~ FW MW City~of Niagara Falls Development Charges ~ ~ Page 1~'
From: "Rocky Vacca" <rvacca@sullivan-mahoney.com>
To: "Dean lorfida" <diorfida@niagarafalls.ca>
Date: 6/26/2009 1:36_PM
Subject: FW:MW City of Niagara Falls Development Charges
Attachments: Development Charges Study - City.june.26.09.doc; Devlopment Charges Study -
City.june:26.09.doc
CC: <mlewis@niagara21 stgroup.com>
Dean,
Attached below please find two letters on behalf of two separate clients
(Niagara 21st Group tnc. & Above The Falls Inc.) which I would request
you provide to the Council members for their review and consideration at
Monday's public meeting with respect to the Development Charge by-law
matter. A third letter will follow shortly on behalf of Warren Woods
Land Corporation.
Thank you in advance for your co-operation.
Regards,
Rocco (Rocky) Vacca
Partner
Sullivan Mahoney LLP
Lawyers
4781 Portage Road
Niagara Falls, Ontario
L2E 6B1
(905) 357-0500
(905) 357-0501(facsimile)
This communication is intended only for the named recipient(s) and is_
private, confidential or privileged. Any unauthorized use or disclosure
of this communication is prohibited. If.you received this communication
in error, please notify the sender immediately 6y refurn e-mail, by
telephone at 905-357-0500 or by contacting lawyers@sullivar~mahoney.com
and immediately deleting the communication from any computer: Thank
you.
> «Development Charges Study - City.june.26.09.doc»
~
> «Devlopment Charges Study - City.june.26.09.doc»
>
~
'Jun,26, 2009 3,39PM Sullivan Mahoney-Niagara Falls No,3679 P, 1
' ~r~ii ~ P.; 4-;~s.:^ ° i~-1 ;t- `,:ti,l.- ~
i
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PYease Repiy to Niagara ~a11s Office
J'une 26, 2009
via frxx #905-379-3557 (orig~~uls by mail)
T-~'rs'UV'arsh'rp Mayor Ted Salci .
and Iv~embers a~the M~tnicipal Council
City afNiagara Falls
4310 Queen Street, ~'.0. ~ox 1023
Nragara Falls, (~N L2E 6X5
v~a fcxx #905~356-9083 (or~~gtraaYs by ~naiL)
D~~n Ic~rfid~, City Clerk
City of N'iagara ~'a11s
4310 Queen St~•eet, l',(J. Bo~ 1023 ~
Niagara Falls, ON L2E 6X5
~7ears Sirs:
Re: Qur ~lient: N'ragara 21~t ~Group Inc.
2009 De~v~lopment ~~arges Background Study
Final ~tepart ('t~atsvn ~ .As~ociates Eeo~amists Ltd.) ,
~e act as the soliaito~s ~ox Ni~g~r~ 21 g` C~rot~p Ina
We have had an opportunity to review the ~xecuti~e Surnma~ of the De~v~lopment Charges .
~ackgrout~d Study. With respect to the non~resid~ntial devela~prnent charge, the proposed 75,9%
increase in the per square foot charge frorn $3.07 to $5.40 is of utmost concern to nur client. t~s
Council may be aware, our client has developme~,t appro~'als in p~ace for the devel~pment of at least
two new hotel buildings, Gi'~en the curre~t ecanomic conditions, our client Mas reluctac~tl~ been forced
to delap canstruc~ian. At~y increase in development charges at this tir~e r~vauld onl~ sCifle future
development. As Council would appreciafe, the commercial and Courism industry has taken a mo~e
- prominent i•oTe in the City's eoonom~ gi~en the decline in the-rnanufacturing and other industries. The -
irnposit'ron of an increase in the develop7nent charges wauld on~~ ser~e ta act as a hindrance ta fur~ther
develaprnent and a substantial step backward during these ehallenging times. The consequences are
obvious. Tf deve~opment daes nat proceed t1~en the C'rty does not collect any development charges and
rnare import~n~l~, does not receive the benefit of increase ta~c assessment. More importantly, Less
development only results in fewex new j46s being crea~ed in the taurism industry.
40 ~ueen Street, P.D. Box 1360, St. Caiherines, Ontario L2fl SZ2 Telephone: 9QS.BA6.fi66&, Facsimile: 9p6,699.69t4
4781 Ponage Aoad, Niapafa Falls, Onlario L2E 661 Telephone: 905.357.0500, Fecsimle: 9D5.357.0501
, w~w~.sullivan-mahoney.cam
~..~_......_._.....~.~.....,..~...~.,,,.r..--..._
~ F Muraiori, d.C. . P, e, BeoarQ 7 A, Ric~artlson P M, Sheehsn W. B. McK~iB J. Dallal p. A. Gosiin
J. M, Gotlii R. B. Cullilan ,I. R. Bugh P. A. ~M$honey B. A. Macdonald M. J. 6onami G, W, M¢Cenn
S. J. Premi C. D;4ngelo R. Vecca T. Well K. A. Book 8, J. Troup M. F. Adams
N. L. Paduraru L. K. Persons G. J. Bittle J. P. Meloney 3. E. W~II5
Counsel lCommercial Lawl: M.D. Kriluck
Jun,76. 7009 3;4QPM Sullivan Mahoney-Niagara Falls No.3679 P, 7
2
In summ~ry, it is o~tr resp~ctfirl submissian that Council consid~r no increases to the non-resident'ra1
der~elopment eharg~ ~iven the dire consequences of same. 'UV~e would formally request that we be
pravided a copy of the final repart well in advance af th~ Jul~r 20, 2009 meeting,
Yours trul~,
S~7T.T~]CVA1V~ MA7H[4~N~~"
por:
Ra o Vacca
RV:jb
c.c, Niagara 2T" Group Ync.
~ Jun,26. 2009 3;40PM Sullivan Mahoney-Niagara Falls No,3679 P, 3
~ ~ ~
k~lease Reply to Niagara Falls Of~ce
June 26, 2009
via fax #905-374-~557 (or~g8~tals by mail)
HiS Worship Ma~or Ted Salci
and Members of the lYlunicipal Council
Gity of T~iagara ~`alls
431 Q Quee~ Street, P.O. Box 1 a23
1~"iagara ~a1ls, ON~ ~,2~ 67~~
via fax #35d 9D83 (originuls Gy ~rail)
~ Dean ror~da, City Clerk
City of N~agara Falls
4310 Quaen Str~et, P.O. Box 102~
N"iagara ~alls, ~N' L2~ 6X5
Dears Sirs;
Ide: ~ur ~lienf: Above 7C~?e ~'a~ls inc.
2U@9 ~levelopment Charges Ba~l~ground Study
Final Report (Watsan & Associates ~conQmi~ts ]Gtd,)
We act as the solicitors for Above The ~alls 7no,
We ha~e had ~n oppai~tunity to review the Exeautive Summary o:f the De~elapment Charges
Background Study. 't~V'ith respect to the nan,residential de~elapment charg~, the proposed 75.9%
increase in the per square ~aat ch~rge f'rorn $3A7 to $5.40 is of utmost cancern to oux c~ient, As
Council zz~a~ be a~are, aur client has zoning approval in place for the de~elopment of ~ne new hotel
to~crer adjacent to the existing Sheraton ~allsvievv and has future de~eloprnent ~lans for this site and
related lands. Given the current ec4npmic eonditions, our client has reluctantly been forced to dela~
C~~9trUCfipn, An~ increase in davelo~ment charges at this time would onl~ stifle ~uture de~velopment.
As Couneil would appreeiate, the corntnercial and tourisrn industxy has taken a more prominent role in
the City's economy gir~en t1~e decline in the manufacturing and other industries. Tk~e imposition of an ,
incre~se in the de~elopment charges would anly serve fo act as a hindr~nce tio further de~vela~pment and
a substantial step backward durir~g tk~ese ~hallenging times. The consequences are ob~ious, If
development does nbt proceed then the City does not collect any developtx?ent cha~ges at~d moi•e
importantl~, does not receive the benefit of inc.~ease t~~ assessment. ~ More importantly, less
development only resuIts in fer~ver ner~r jobs being created in the tour'rsm industry.
40 Queen S[reeL P.p. Bpx i~ep, $t. Galharin~s, Onzario L2R 6Z2 Tel~Ahone: BQ5.6A9.$g~, Fa~simJ8:905,888.&9i4
4781 Poflage Road, Niagara Falls, OntaYib L2E 661 TelEpil6ne: 905.357.05D0, FAcsimile: 905.357.0509
wwwsull~ao-mahoney.com
_._~.....~,...,._...~A,. ------°-°-..°-°^,^.-u^,---^.^^^^„----....---..
V. F. Mutatori, D.C. P. B. 6etlard T A. AiChafaBOn R M, Slleehan W.B. McKaiA J. Dallal P, A, Goslin
J. M. Gotlli R. B. Culliton J, fl, 9o81t P. A. MahUney B. A. Mecdanald M. J. Bbnomi G, W. MCCann
S. J. Premi C, OAngelo R. Vacca T. Wall K. A. Book B. J. Troup M. F. Adams
N• I„ Pedufefu L. K. Aarsons C. J. Biltle J. P. Maloney S. E. Wells
Counsel {Commercial Law): M.~. Kriluck
Jun,26. 2009 3:40PM ~ Sulliva~ Mahoney-Niagara Falls No,3679. P, 4
2
Tn summary, it is our respectful submission that Council consider no increases to the ndn-residen~ial
de~elopment charge ~given the dire consequences of same. '4Ve would formally request that we be
pra~rided a cop~ af the ~in~l report ~crell ir~ ~d~r~nce o~'the Jul~ 20, 2009 meeting,
Youes trul~,
SULLdVAN M~i(~NEY ~,~P .
Per;
Roc V'acca
kV:jb
c.c, Abovc T'hc I~alls Tna
~ Jun,26, 2009 3;44PM Sullivan Mahoney-Niagara Falls No,3619 P, 5
~ ~ ~ ~
~ Please l~eply to N"ragara I~aIls Qftice .
Jur~e 26, 2009
vta fax ~905-374-35~7 (o~ig~~als by ~na~l)
T~(is 't~orship Mayor Ted Saloi
&nd Members pf the Municipal Council
City of Niagara ~'alls
4310 Queen St~eet, T'.0. ~o~ X023
Niagara Falls, ON L2E bX5
~
via fax #356-9D$3 (ot~dgt~als by mail}
bean Iarfida, C'rty Clerk
Czty o~Niagara k'alls
4310 Queen Street, P.O. Box 1023
Niagara Fa11s, Ohi L2~ 6~5
Dears Sirs:
Ite: Our Client: Wa~r~en VVoods Land ~orporation
2009 Developr~ent C9~arges ~ackground Sfudy ~
~inal ~tepoxt (Watson & Assaciat~es Econarnists Ltd.)
_ We act as the solicitars for ~V'arren Woads Land Cotparativn.
Out client has had an oppoitunity to review the bevelop~nent Charges ~~ackground Study and through
its consultant, Mr, Martin ~-Teikaop of CJ~pper Caraada Con~ultants, has had discussions ~vith City staff
Our clien~'s comments are speci~cally related to the caleul~tion and alloe~tion of storm ~ater
managernent infrastruature costs as ouflined ~t pa~e B~52 ~f the Background Study, a copy af whioh is
at~ached hereta. In addicion, ~ve are attaching a capy of Mr. Heikoop's eleotranie mail ~nessaga of lune
19, 2009 to 1V1r. `V'olpini and Mr. T=Tolman wY~ich sets out the detiails af out client's concerns in th'rs
matter, ~
40 Queen Sireet, P.O. 6ax 1360, St. Ca~harines, Ontario L2ft BZ2 T"elephanb: 905.688.8655, Farsimile: 905.BBB.5814
A7$1 Ponege Rosd, Niagara Falls. Onferio L2E 6B1 Tefephone: 905.357.050D, Faceimile: &06.367.0501 '
www.sullivan-mahoney.com
.___......__.._..._...._....,.~._..M.M-,,,.,,.,.-_.......-- _............._...._.....~......Y,,.,.,.,,-_......
V. F Muratori, Q.C. P. 8. 8edartl T. A. Richaldson P. M. 5heehan W, 9, MCK&ig ,I. D~Ilel D. A. Goslin
J. M. Gottli R. B. Cu(liton J. H. 6ush P. A. Mahoney e. a. Macdonald M. J. Bonomi G. W. McCann
S. J. Premi G. pHngelo R, Vacca 7 Wal1 K. A. Book B. J. Troup M. F. Adams
N. l, Fatluraru L. x. P~rsons C. J, Binla J. P. Malonev 5. E. Wells
Counsel ~Commerciel Law): M.D. Knluck
Jun,2b, 2009 3;41PM Sullivan Mahoney-Niagara Falls No.3b79 P, 6
2
~n short, our cYient is reyuesting that Cauncil direct staff to re~ie~ the follor~veng matters
~-efer~nced 'an page B-S2 af t~te Baci~ground Study and r~port b~ck ta Council ~s soon as possible;
1, Projeet Number DC-b4 ('Vt>'arren Creek Channel ~teaIignrnent ~hasa 7& TY and ~ond
C~nstruction) - The backgrou~ad study esCim~tes a gross c~pital cost of $1,525,235.00 ~hei~eas
our client is of the opinion that the gross ca~ital cost estimat~ ought to be $3,000,000.00, the
speci~ics of which are eontained in Mr. TTeikoop's electronic mail measags;
2, Project Number DC-L76 (Warren ~Noods Subdiv'rsion - East and 'QVest Channel and pond ~and
purchase) - The baekground study estimates a gross capital cast o#' $1,133,165,00 t7vh~re~s pur
client is a£ tk~e opinion th~t the grass capital cost es~ima~e ought to be $2,b72,4D0.00, tha
speci~'ics ofi~c~vhich are contained in Mr. T-Teikoap's electranic mail rriessage;
3. Iti is our• client's positian that the background study has ?mitted the land oost for the ~rown
Road bax culvert for `~`irarren Creek which is estimated to be $300,ooa.ao; ~nd
4. Ot~r client is requesting that the "benefit to existing dev~lapment" for ~'rojeot Numbers DC-p4,
bC-b~ and ]~C-]]6 be further raviewed, We d4 not ~ccept the propasition rhat rhere is no
bene~it to e~isfing de~relopment in the area which e~istin~ dev~lopment includes the Crarnar
Estates Subdivision, beerfield Estates ~ubdivision, a portion of the ~dgewoad Estatea
Subdivision and ?ther smaller subdivisio~s in th~ a~e~ in respect ~f Project Nurnbers DC~DS
and T?C-D6 ~n~ further that there is onl~ a 25% bene~t to e~isting devela~rnent for ~'roject
Nt~nber DC-D4.
~inally, our client is hppeful that fhe de~elopment charges ~~-la~ov ~vi11 be implemented and that the
capital ~orks ineluded in th~ Background Study will be completed in a timely manner so that future
develo~rnent and growth can occur. As suah, out client is hopeful that Council rnrill commit and obtain
the neoessary fut~ds to build the necessary upfront infi~astructure (~ovatercourse~, pumping stations, etc,)
on tha understanding and expectation that these funds will be recovered by the City through
develo~ment charges as development accurs in the ~uture,
V1e thanlr ~ou in ad~vance for your attention to this rnatter,
Yours truly,
SUL VArI 11~AI-~~NEY LLP
Per;
occo ~"acca
~~l:jb
Encl,
c.c. Warrtn Waods Land Corparation -Attention, l~~~ert 0'17ell
Upper Canada Consul#ants - rlrrendion: Martin Hellzoop
~ Jun,26, 2009 3:41PM Sullivan Mahoney-~~ia~ara Falls No,3679 P, 7
B-52
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Jun,2b. 2009 3:41PM Sulliva~ Mahoney-Niagara Falls No,3679 P, 8 ~
Martin WeikQo
fi'rom: M~rkin Hefk~op
Sent; Friday, June ~9, 2009 8~30 AM
To; l~ick Volplnl
Cc: Geoff Holman; Ed Lon~house
Subjecfi Warren Wo~ds / Warren Creek Development chatges.
Hi Rick
k'urther to my discussiqn, p].ease re~view ~he de~relopm~nt charge numbers shown as DG-D9,
and DC-D6 I have shown what I believe may be xno~e accurate.
X, DC-D4 l~larren Cr~~k ohanne]. realignment Pl~ase 1 and phase 2 and Pond Construction, This
item should alsa includes the Swm ~ond ,Channe~, through Badger lands, ~he culvert crossiflq
o~ Mcleod Road, modificaCibns to the Garner Estates pond no~th o~ t~cLeod roacl, Culvert
cxosaings of Iialar rpad down stxeam of tne channel and also north of tha ~ast br~nch as
follows
-Swm pond $200,000
-~ast Branch- $500,000
-west ax~anch-Warren Waods $900,000
-West Branah Badger Lands ~350,000
~McLeod Culvert/Garn~x ~Qt~d modi~icatians $30Q,000
-Kalax x~oad ba~ Culvert south $150,000
-Kalar road box north $15p,p00
Subtotal $2,550,000
ZS $ engineering and contin~ency $,~82,500
Total $2,935,000 say $3,000,400
2, DC-D6 Warren Woods land and $adqer Land
-Pand , East bxanch 7.613 + 2.241 = 9.859 ac * $iQ0,000 = $985,400
-West Braneh Warr~n woods ~1,87 ac * $100,000 = $1,187,pqp
-West Branc}1 Badger 9.82 ac= $500,000 ~
Total $2,672,400
Also additxonal items ~or consideration I dpn~t knaw a£ the 2 sections ot land ~or th~
creek lands have been pu~chased trom Hydro for the East and west branch o~ the creek i.£
not this shauld be includeci Th~ ~xown road box cul~er~ ~or ~he Warren creek should be
included ~$30~,000. There is a good posibility th~ la~ds at the nart eas~ corner o~ Bro~rn
and Kal~r road will develop in n~ar ~u'ture and we need this culvart insta~,~.ed,
Also as disGUSSed the ~ s~tisting v.s. new d~velppm~nt skiouZd be reviewed.
If you need addition information ~et me know.
`Ph~nks Martin
1
' ~
BARRISTERS & SOLIGTORS ~
Broderick&Partner ~rt~~~
L:~.~? r.a
~
Effective (egal servE.~~;,i_rx~~~;i.a~a~~~'~i~r~~e`=195i'-'
46z5 Ontario Ave. ;mE
DELIVERED '
P. 0. Box 897
~...i:+
Niagara FaUs, ON f
June 29, 2009
Canada LzE 6V6
City of Niagara Falls
4310 Queen Street, P.O. Box 1023
tel 905•356.z62i
Niagara Falls, ON L2E 6X5
fax9o5.356.6904
Attention: Mayor Ted Salci
Members of Niagara Falls City Council
broderickpartners.com
and to
City of Niagara Falls
4310 Queen Street, P.O. Box 1023
Niagara Falls, ON L2E 6X5
1.1. Broderick
Q.C., L.S.M.
IAWSOCIEIYCERTIFIED Attention: Dean Iorfida City Clerk
CIVIL LITIGATION SPECIALIST ~
W. A. Amadio Dear Sirs:
1. B. Hopkins
Re: 2009 ~eveflopment C?~arges ~ackground Study
G. A. Kirkham Pulblac Input 1VIeetang, .~uly 29, 2009
I. M. Gilberti As you are aware we act as solicitors for many tourism/hospitality owners, operators and
FLUENT IN RALIAN & FRENCH ~
developers. We have had an opportunity to review the Staff Report to be presented to you
R. B. Burns tonight.
E. P. Lustig Our comments will be based u on the concerns of our clients as the
P y pertain to the proposed
M. ~i~irolamo ~~b ~~~~~t increase in the square foot charge from $3.07.to $5.40 for thP r~: Tourist Area:,
w'r~ich is now being re-phrased as "Non-Residential DevelopmenY' in the current 2009 Study.
Z. Saskin
We are all aware these are "trying and challenging times" and the current world economy is
o. F Marinelli experiencing great difficulty. Our City has certainly felt its share. We have witnessed the
~~945 - igg7) departures of many industrial and manufacturing businesses from our City over the last
several years and the everlasting negative impact from same. However, this trend seems to
continue! For example, the proposed loss of numerous jobs with the recently announced
closure of the EdScha factory. With these declines to our industrial/manufacturing base, and
for many other reasons, tourism has become vitally important to our economic situation in
Niagara Falls. Tourism in Niagara Falls provides a significant number of jobs, a substantial
tax assessment, does not drain many of the City's services or amenities and tourism
development absolutely provides important contributions to the City's development charge
reserve.
However, to significantly increase the "Non-Residential" Development Charges for the next
five (5) years, would serve only to stifle tourism development. Please remember these
charges are considered "soft costs" to hospitality lenders, and are to be covered solely by the
tourism developer. Lenders will not consider city and regional development charges,
approval costs, 2% parkland dedication, streetscaping or bonusing contributions, and
building permit charges, as "hard costs". In order for tourism development to occur, all these
"soft costs" must be covered by the developer's own financial abilities, and that is even
before a shovel can be placed into the ground. The combination and sum total of all these
costs is enormous!
If you were to substantially increase the "Non-Residential" Development Charges for the
next five (5) years, as proposed by the 2009 Background Study, to compensate for a faulty
development charge reserve as a result of premature spending or overspending in the
residential or non tourist related areas in the past, you will be creating not only a non-
equitable and unreasonable situation, but also hindering any further tourism development.
Tourism appears to be the last sustainable major industry we have left in our community.
You must consider the tragic consequences that may occur if tourism development comes
to a halt in Niagara Falls. We cannot afford to turn our backs on tourism development
because the negative "spin-off
' effects are tremendous!
We respectfully submit that you consider not imposing any increases to the Non-Residential
Development Charges. We kindly request that we be provided with the Final Staff Report,
outlining any options that may be considered by you, in advance of the July 20`" meeting, in
order that we can obtain our various clients' instructions.
We thank you for your attention and careful consideration to this matter.
Yours very truly,
~~ZO~ ~C & 'g' ~Y~S g.~,P
'I'A A M. ~~,l~~R'Y'~
IMG: avs
A~~Y3 ~ ~IERL~B i.r.p ~
Sarristers and Solieitors
N. Jane Pepino, C.M., Q.C., LL.D.
Direct: 416.865.7727
E-mail: jpepinoCcDairdberiis.com
File: 86716
June 26, 2009
Mr. Alex Herlovitch
Director of Planning & Development
City of Niagara Falls
P.O. Box 1023
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Herlovitch:
Zoning By-law Amendment Application
City File AM-2009-08 - Hospitality Resorts Inc.
We act on behaif of Canadian Niagara Hotels and are writing to you in regard fo the City's
Notice of Application and Public Nteeting, dated May 29, 2009, for the above-noted file.
We have reviewed the Notice and relevant documents. On behalf of our client, we hereby
object to the proposed change to permit the majority of parking for the Hilton Hotel and
Suites Niagara Falis/Fallsview (the "Hilton") to be permanentiy accommodated off Hilton
property. In particular, we object to the lands identified in the Notice as Parcels 3 and 4
(located near the corner of Robinson Street and Allendale Avenue, south and north of
Robinson Street and west of Aliendale Avenue) being placed under a site specific Parking
(P) zone to accommodate this change.
We recognize that the operation of By-law 2007-01 and By-law 2007-02 permits a
significant amount of Hilton's parking to be accommodated off-site, however, such
permission was granted by the City on a temqorarv basis. In particular, By-law 2007-02
permits up to 346 parking spaces (up to 388, if provided in tandem) required by the Hilton
Fallsview Hotel to be located on Parcel 3, located south of Robinson Street and West of
Allendale Avenue.
The Parcel 3 and Parcel 4 lands are presently owned by Ontario Hydro and are subject of
a licence between Ontario Hydro Networks Company Inc. and 876891 Ontario Limited,
We understand that these lands, through the lease, are currently being used for off-site
parking for the Hilton Fallsview Hotel. The licence was first eicecuted on ~ctober 1, 1999
and it appears to be a twenty (20) year lease. We understand that Hilton has besn using
the Parcel 3 lands since the time of execution of the licence and only the rent payable
under the licence has been renegotiated
Should the City rezone Parcel 3 and Parcel 4 and place them under a site specific Parking
(P) zone to permit permanent off-site parking for the Hilton, there is no certainty that they
will continue to be available to the Hilfon for such a purpose. There are several clauses in
the licence agreement which permit an end to the licence. Also the parties have
Brookfield Place, 181 Bay Street, Suite 1800, Box 754 . Toronto, ON . M5J 2T9 • Canada
T 416.863.1500 F 416.863,1515
www.airdberlis.com
Mr. Alex Herlovitch
Qirector of Planning & Development
City of Niagara Falis
Our File; 86716
June 26, 2009
Page 2
stipulated that the land is not intended to be used to satisfy "any parking requirement
contained in the Zoning By-law", in the absence of a new agreement. Such clauses of the
licence agreement are set out as follows:
5. This Licence may be terminated by either party hereto at any time
after the expiration of the initial term hereof upon six months notice in
writing.
17. Notwithstanding the provisions of paragraph 5, if at any time the
Licence fee is not paid as herein before provided, the Licensor shall notify
the Licensee of such arrears and the Licensee shall have ten (10)
consecutive days from the mailing of such arrears notice within which to
pay such arrears, failing which the Licensor may immediately terminate this
Licence forthwith.
18. If the Licensee should at any time fail to carry out any of the
stipulations in this indenture other than payment of the Licence fee to the
satisfaction of the Licensor acting reasonably, the Licensor may mail to the
Licensee written notice specifying the failure, and if the failure is not
remedied or if adequate and sufficient measures are not being taken to
satisfactorily remedy the same within one (1) month of mailing the notice,
the Licensor may terminate this Licence immediately upon the expiration of
the one-month period aforesaid in whole or in part.
21. For the purposes of this licence, the parking of motor vehicles
should be defined as surplus parkinq or parkinq which is not intended to
satisfv anv requirements of the Municipal Zoning By-law. If at any time
during the term of this licence the parking of motor vehicles becomes
coverage parking or parking which is necessary to satisfy any requirement
~ of the Municipal Zoning By-law, then this Licence will become null and void
and the use of Ontario Hydro lands will be subject to new documentation
and renegotiation of rent, (underlining added)
It would be imprudent to convert a temporary parking use on Parcel 3 to a permanent
parking use, when the applicant for such change (the Hilton) does not have certainty of
future use of the land. Moreover the licence agreement is not to be used for parking
necessary to satisfy any Zoning By-law requirements without new documentation (a new
licence) and a renegotiation of rent. In addition, the licence is very clear that it may be
terminated by either party, apparently without reason, upon six months written notice.
Presently, Parcel 4(north of Robinson Street and West of Allendale Avenue) is zoned
Tourist Commercial (TC) in part and Residential Single Family and Two Family (R2) in
part and these lands are not permitted to be used for off-site parking for the Hilton.
However, this parcel is described by City staff as a"Hydro Corridor" and presumably is not
under the permanent control of the Hilton. We question the rationale for and the necessity
n c u.....
Mr. Alex Herlovitch
Director of Planning & Development
City of Niagara Falls
Our File: 86716
June 26, 2009
Page 3
of rezoning this parcei to a Parking (P) zone and particularly, for the praposed permanent
parking. Without such explanation, we must also object to the rezoning of Parcel 4.
The Notice indicates that the rezoning wi?I allow up to 70% of the Hilton's required parking
to be provided off-site on a qermanent basis. However, since a large component of off-
site parking will take place on lands that the Hiiton does not own and/or does not presently
use for parking purposes, it cannot be said to be permanently provided. We note that City
staff share that concern, recommending a condition that parking be provided with six (6)
months of the termination of the lease of Hydro lands. Unfortunately, should that not be
possible (and no information is provided as to where that could be satisfied), there is no
possibility that the parking can be provided. As a result, in the absence of proof that the
off-site parking is or wiil be permanent, it should be provided in a location on lands
presently owned by Hilton and, in particular, in parking stackers within a parking structure.
In the absence of proof that this has occurred, we must object to the proposed rezoning
as set out in the Notice.
Yours very truly,
AIRD & BERLIS ~~.P
~ ~ ~
:.n..._..~.-
N. Jane Pepino, C.M., Q.C., LL.D.
NJP/JEJ/lenlsh
cc. Mayor Salci and Members of Council
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Michael ~ard~rier ~
Barry Yabsley
5618 Peer Street
Nia~ara Falls
L2G 1 W7
(905) 357 2907
June 29, 2009
re: AM-2009-008, Zoning By-Law Amendment Application
His Worship Mayor Ted Salci
and Members of the Manciple Council
I would like to discuss an issue that is very important to the Drummondville Community and to
myself. Taking away a buffer between the residential and tourist area, replacing it with a parking lot
only to be used for Hilton's guest, not tourists traveling into Niagara Falls. This could only be
detrimental to this "up and coming" community working towards its own improvement.
Keeping green space as a buffer between the residence the tourist zones was a positive decision
made by City Council in the late 1990's. In 1998, this hydro corridor was earmarked within the
Trans~ortation Master Plan to be part of the Downtown Trail, an area of recreational trails and bike
ways.
In the Historic Drummondville Community Improvement Plan (October 2006), Robinson,
Peer Street and Allendale Avenue were designated areas in need of improvement. Robinson and
Stanley is to become a Main Gateway to the tourist area.
From the Drummondville Community Improvement Plan
A variety of ancillary uses may also be ~ermitted where they are
compatible with the residential enuironment. Ancillary uses include, but
are not limited to schools, churches, nursing homes, o~en s~ace, ~arl~s,
recreational and community facilities, home occu~ations, ~ublic utilities
and neighbourhood commercial uses.
A parking lot does not fall within those planned ~uide-lines and could only be detrimental to the
improvement to the Community.
There is parking at Robinson, Allendale and Main which was only to be temporary, with
another parking lot across the street between Allendale and Stanly; a Manciple parking Lot on Main
Street and Murray. There are a total of 14 off-site parking lots, including the monstrosity on Dunn
Street with the huge walls of concrete. No Design, aesthetics or beautifying the nei~hbourhood, just
concrete walls.
If the Hilton does not build the convention centre, they do not need off site parking. I believe
that the Hilton can build a well designed parking facility on site when and if they need it. The Hilton
already agreed to on site parkin~ and I believe they should continue with the original plan of adequate
on site parking, with some off site parking on Parcel2.
The Valet parking lot on Parcel 3 was to be temporary. I object to this lot being there, though,
can tolerate and understand the necessity for it, for a limited time. This ~ravel parking lot has been an
eyesore, not an improvement for the neighbourhood or for Niagara Falls. A planting of cedar trees
surrounding the parking lot was to be the landscaping. Mayor Ted Salci congratulated the Hilton on in
council, 2 years ago for the improvement. This landscaping dried up within days, never tended too; the
trees where all torn out. Today the Main Street side of the lot has a poorly constructed general
maintenance wood fence. Allendale and Robinson, a grassy boulevard leading into a gravel lot. That
gavel lot is filled with bus and car fumes, the noise of motorcycles rolling and the cries of car alarms
going off.
Any landscaping that would happen would only encourage an increase in unwanted activities
that are already problems for this area, prostitution, dru~ use and illegal dumping. This landscaping
will not improve Nia~ara Falls nor the living conditions in the residential zone.
The proposed 6 foot fence would not provide the residents of Peer Street adequate protection
from the glare of bri~ht lights of the cars, shining into the backs of their homes since Robinson is at a
much higher elevation than Peer Street.
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The proposed entrance is at the upper left for the field Show the elevation at the s/w corner of the residential
area of the corridor.
Environmentally, this higher elevation and not plan for sewers, will create a pond, made up of
the runoffs for the gravel lot. Car fluids, winter salt and water will pool at Peer Street and Allendale.
This pond of water already happens when ever there is a lar~e amount of water after a storm, and takes
weeks to dry up durin~ spring thaw.
~
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Shows the lowest elevation of the corridor at Peer Street and Allendale.
There will be an increase in traffic at an intersection that has three streets intersecting (Main,
Murray, Allendale). I have witnessed many drivers trying to figure out which set of trafCc lights they
are to obey. An increase of traffic here would mean an increase in traffic accidents.
An increase in Car and Bus traffic on Allendale without sidewalks will make it dangerous for
pedestrians. Not all valet drivers are respectful of pedestrian traffic, only coming to a rolling stop when
coming onto the road ways, not a full stop, not always looking for pedestrians.
The City is now decides each application for off site parking as they are applied for. Without the
Trans~orlation Master Plan to guide council, what is the plan of City Council when it comes to creatin~
parking for tourists and for off site parking?
There are all ready 14 off site parking lots encroaching onto the residence, creating a concrete,
asphalt and gravel line between the residence and the tourists. Why not make plans for a green space
and not a chain of valet parking lots around the Tourist Area? When is parking too close to the
residence?
In Conclusion:
I object to the off site parking the Hilton is asking for.
-security lights turning my ni~ht time to day light, shining onto my back yard and into my
bedrooms
-car, Truck, Motorcycle and Bus lights shining into my house, making darkness into a room of
moving lights as the cars enter and drive around at ni~ht
-the increased noise from the motorcycles bein~ parked
-car alarms going off at all hours
-car exhaust fumes making it hard to breath while relaxing in my yard, making gardening
impossible
-tour buses spewin~ their poisonous fumes to cool off their interiors before picking up their
e
customers
-Buses rolling in after midnight to park, waking up the neighbourhood
-an increase to the on going garbage problem
-a new area for prostitutes to brin~ there "Johns"
-another hideout for dru~ users.
This is what I see coming into my neighbourhood, and can not see how it would be better for my
neighborhood, or for Nia~ara Falls.
Having the tourist area outlined with concrete, asphalt, ~ravel and a landscape of dead and
dying shrubs would not be an improvement for my nie~hbourhood, the tourist area or for the City of
Nia~ara Falls.
~P
I
il
~
Nlichael Gardner
Barry Yabsley
i~ ~ )
~~(6/29/2
D n lorfida Fw AM 2009 008, Zoning By Law Amendment Applicafion Page 1£
From: "Janice ~ng" <janice_wing@cogeco.ca>
To: "Dean lorfida" <diorfida@niagarafalis.ca>
Date: 6/29/2009 3:44 PM
Subject: Fw: AM-2009-008, Zoning By-Law Amendment Application
Original Message
From: Michael J Gardner
To: council@niagarafalls.ca
Sent: Monday, June 29, 2009 2:59 PM
Subject:.AM-2009-008, Zoning By-Law Amendment Application
Michael Gardner
5618 Peer Street
Niagara Falls
L2G 1 W7
(905) 357 2907
re: AM-2009-008, Zoning By-Law Amendment Application
His Worship Mayor Ted Salci
and Members of the Manciple Council
I would like to discuss an issue that is very important to the Drummondville Community and to myse{f.
Taking away a buffer between the residential and tourist area, replacing it with a parking lot only to be
used for Hilton's guest, not tourists traveling into Niagara Falls. This could only be detrimental to this "up
and coming" community working towards its own improvement.
Keeping green space as a buffer between the residence the tourist zones was a positive decision made by
City Council in the late 1990's. in 1998, this hydro corridor was earmarked within the Transportation
Master Plan to be part of the Downtown Trail, an area of recreational trails and bike ways.
In the Historic Drummondville Community Improvement Plan (October 2006), Robinson, Peer Street and
Allendale Avenue were designated areas in need of improvement. Robinson and Stanley is to become a
~(6/29/2009) Dean lortida Fw AM 2009 008 Zoning By~-Law Amendm.ent Application ~ y ~ Page 2~
Main Gateway to the tourist area.
From the Drummondville Community improvement Plan
A variety of ancillary uses may also be permitted where they are
compatible with the residential environment. Ancillary uses include, but
are not limited to schools, churches, nursing homes, open space, parks,
recreational and community facilities, home occupations, public utilities
and neighbourhood commercial uses.
A parking lot does not fall within those planned guide-lines and could only be detrimental to the
improvement to the Community.
There is a parking at Robinson, Allendale and Main which was only to be temporary, with another parking
lot across the street between Aiiendale and Stanly; a Manciple parking Lot on Main Street and Murray.
There are a total of 14 off-site parking lots, including the monstrosity on Dunn Street with.the huge walls of
concrete. No Design, aesthetics or beautifying the neighbourhood, just concrete walls..
If the Hilton does not build the convention centre, they do not need off site parking. I believe that the Hilton
can build a well designed parking facility on site when and if they need it. The Hilton already agreed to on
site parking and I believe they should continue with the original plan of adequate on site parking, with
some off site parking on Parcel 2.
The Valet parking lot on Parcel 3 was to be temporary. I object to this lot being there, though, can tolerate
and understand the necessity for it, for a limited time. This gravel parking lot has been an eyesore, not an
improvement for the neighbourhood or for Niagara Falls. A planting of cedar trees surrounding the parking
lot was to be the landscaping. Mayor Ted Salci congratulated the Hilton on in council, 2 years ago for the
improvement. This landscaping dried up within days, never tended too; the trees where all torn out. Today
the Main Street side of the lot has a poorly constructed general maintenance wood fence. Allendale and
Robinson, a grassy boulevard leading into a gravel lot. That gavel lot is filled with bus and car fumes, the
noise of motorcycles rolling and the cries of car alarms going off.
Any landscaping that would happen would only encourage an increase in unwanted activities that are
already problems for this area, prostitution, drug use and illegal dumping. This landscaping will not
improve Niagara Falls nor the living conditions in the residential zone. ~
~
g(6/29/2009) Dean lorfida Fw AM-2009-008, Zoning By Law Amendment Application ~
- Page 3 #
The proposed 6 foot fence would riot provide the residents of Peer Street adequate protection from the
glare of bright lights of the cars, shining into the backs of their homes since Robinson is at a much higher
elevation than Peer Street.
Environmentally, this higher elevation and not plan for sewers, will create a pond, made up of the runoffs
for the gravel lot. Car fluids, winter salt and water will pool at Peer Street and Allendale. This pond of water
already happens when. ever there is a large amount of water after a storm, and takes weeks_ to dry up
during spring thaw.
There will be an increase in traffic at an intersection that has three streets intersecting (Main, Murray,
Allendale). I have witnessed many drivers trying to figure out which set of traffic lights they are to obey. An ~
increase of traffic here would mean an increase in traffic accidents.
An increase in Car and Bus traffic on Allendale without sidewalks will make it dangerous for pedestrians.
Not all valet drivers are respectful of pedestrian traffic, only coming to a rolling stop when coming onto the
road ways, not a full stop, not always looking for pedestrians.
The City is now decides each application for off site parking as they are applied for. Without the
Transportation Master Plan to guide council, what is the plan of City Council when it comes to creating
parking for tourists and for off site parking?
There are all ready 14 off site parking lots encroaching onto the residence, creating a concrete, asphalt
and gravel line between the residence and the tourists. Why not make plans for a green space and not a
chain of valet parking ~ots around the Tourist Area? When is parking too close to the residence?
In Conclusion:
I object to the off site parking the Hilton is asking for.
-security lights turning my night time to day light, shining onto my back yard and into my bedrooms
-car, Truck, Motorcycle and Bus lights shining into my house, making darkness into a room of moving
lights as the cars enter and driVe around at night i
-the increased noise from the motorcycles being parked
-car alarms going off at all hours
~(6/29/2009) Dean lorfida Fw AM 2009 008, Zoning By Law Amendment Application Page 4R
-car exhaust fumes making it hard to breath while relaxing in my yard, making gardening impossible
-tour buses spewing their poisonous fumes to cooi off their interiors before picking up their customers
-Buses rolling in after midnight to park, waking up the neighbourhood
-an increase to the on going garbage problem
-a new area for prostitutes to bring there "Johns"
-another hideout for drug users.
This is what I see coming into my neighbourhood, and can not see how it would be better for my
neighborhood, or for Niagara Falis.
Having the tourist area outlined with concrete, asphalt, gravel and a landscape of dead and dying shrubs
would not be an improvement for my nieghbourhood, the tourist area or for the City of Niagara Falls.
Michael Gardner
Corporate Services Department
PD-2006-92
Pianning & Development
rne c~ty of 4310 Queen Street Doug Darbyson
P.O. Box 1023 Director
Niagara Falis Niagara Falis, ON L2E 6X5
Canad~ web site: www.niagarafalls.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@niagarafails,ca
October 30, 2006
His Worship Mayor Ted Salci
and Members of the Municipal Counczl
City of Niagara Falls, Ontario
Members: ~ ~
~e. P~D-2006-92, Zona~ag By-law Amendment Applicatiom
A1Vg-35/2003, 6361 Falds~view ~onlevard, 6408 Stanley Avenue and
Associated Off-SAte Lands '
Applicants: 876891 Ontarao I,td., 1140464 Ontarfo gnc. and
1229142 Ontario ~nc.
Agent: Ed Lustig, Broderick & Paxtners
1VV~odificatioms to Proposed Expamsion to the k-Ii~ton ~-Iotel
RECOMMENDATBON:
1. That Council approve modifications to the approved Zoning By-law amendment for the
proposed Hilton Hotet expat~sion, consisting of the following:
• a building height of 172 metres (S64 feet} with a rooftop architectural feature of 6
nnetres;
• a gross floor area of 153,000 square metres (1,647,000 square feet); and
° revisions to the massing and architectural detaiting of the new tower and podium and
function of the atrium coinplex, as detailed in this reporf.
2. That passage of the amending zoning by-law be subject to:
° execution of a. Section 37 agreement based on a$1,200,000 capital facilities
contribution directed to the Niagara Fa11s Arena project and a streetscapzng
contribution of $285,000 directed ta streetscaping works on abutting street frontages;
° execution of a szte plan agreement; and
° a redised traffc and parking study to the satisfaction of the City. ~
B~4CKGROl9ND: .
In 2004, Council approved an application by 876891 Ontario Limited, 1140464 Ontario Inc. and
1229142 Ontario Inc. (Niagara Falls Hilton) to amend the City's Official Plan and Zoning By-law
l~'orking Together to Serve Our C`ommunity
C/erks • Finance • Human Resources ~ Information Systems • Lega! • Pianning & Developmeni
October 30, 2006 - 2- PD-2006-92
for the lands at 6361 Fallsview Boulevard, site of the Hilton Hotel, and 6408 StanIey Avenue, both
shown as Parcel I on Schedule 1, and two associated parcels, being the former Jungleland inini-putt
site and a portion of the.Hydro corridor west of Allendale Avenue, shown as Parcels 2 and 3,
respectively, on Schedule 1. The amendments were requested to permit changes to the previously
approved development of a new 58-storeyhotel and convention centre on Parcel l, in addition to the
existing 15-storey and 32-storey hotels on the properiy, and both the permanent and temporary off-
site parking as detailed in Staff Report PD-2004-56, aitached as Appendix 1. The necessary Official
P1an Amendment (No. 56) was adopted by the City and approved by the Region in 2004.
Eaxlier this year, the following changes were proposed to the project:
° an increase in the gross floor area from 130,000 square m:etres (1,410,000 square feet) to
153,000 square metz~es (1,647,000 square feet);
• revised siting and massing of the new tower, shifting the tower back slightly frozn Murray
Street and Fallsview Boulevard and slightly increasing the depth of the tower; and
• replacing the theatre with a multi-purpose atxium including restaurants (buffet style) and
performance areas for hotel and convention centre guests.
Prior to October 10, 2006, the applicant was proposing an increase in height from 172 metres .(564
feet) to 193 metres (633 feet) to accomrnodate a taller podiurn and roof. The applican.t has since
modified the plans by removing 6 storeys from the proposed hotel tower (from 58 to 52 occupiable
floors). The revised proposal has a height of 171 metres (561 #'eet) with a decorative cupola feature
that projects a further 6 metres (20 :feet). The requested change in height is to accommodate this
architectural feature.
Othex than shi$ing the tower back slightly, slightly increasing the depth of the tower and altering the
roof feature and architectural treatrnents, there are no other changes to the forr~ and function of the ~
hotel tower from what Council reviewed in 2004.
No changes are proposed to the desigt~ and the usage of the off-site parking lots, shown as Parcels
2 and 3 on Schedule 1 and on Schedules 4 and 5, intended to be used for permanent and temporary
off-site parking facilities, respectively, for the development on Parcel 1.
Parcel 1 is zoned Tourist Commercial (TC and TC-455). Special Provision 455 pexxnits the current
development. Parcel 2 is zoned Tourist Commercial (TC). Parce~ 3 is zoned TC, in part, and
institutional in part. The applicant is requesting a new site specific zoning to be applied to Parcel
1 to permit ths proposed develapment and site specific provisions to permit the permanent and
temporary off-site parking on Parcels 2 and 3 respectively.
~'lanranng Ana~ysis
1. Conforanity wit~t ~~ne ~ntent of tbe Off~cia9 ~lan
OPA No. 56 permits the development of a new hotel tower (in addition to the existing 15 and
32-storey hotels) with a maximum building height of 172 metres (564 feet). Only the
decorative cupola extends above the 172 metre bu:ild.ing height established by the Official
Plan. T'his cupola is similar to architectural features, such as spires, that are exempt from any
height restrictions in Zoning By-law No. 79-200.
October 30, 2006 - 3- PD-2006-92
Although OFA No. 56 speci~es a m~imum buildirig area of 130;000 square metres
(1,410,000 square feet) this policy has been worded to give Council tlie flexibilityto consider
revisions in floor area. The primary reason for this cap is to ensure sufficient parking is
provided for the project and surrounding roads can support the traffic generated. The cap of
130,000 squaxe metres is based on the floor area of the July 2004 proposal, and includes
existing and new floor area. The latest proposal has a gross floor area of 153,000 square
m.etres (1,647,000 square feet), of wluch 112,193 square metres (1,200,000 square feet) is
new floor area. Most of the floor area increases appear to be attributable to additional
parking garage area, maintenance areas, mechanical Ievels in the tower and a largerpooUspa
area, all of which do not generate more parking or traffic demands. 'This policy will be
satisfied by the submission of a satisfactory traffic and parking report that demonstrates the
provision of adequate parking and road infrastructure.
~ As directed by the Official Plan, a Section 37 agreement and site plan agreement is required
to be executed prior to the draft by-law being brought to Council for passage. These steps
are well undei-way and expecfied to be coxnpleted shortly.
2. Review of ~tevised Proposa~ by the Architectural Peer Review Panel
The revised design has been reviewed by the ,Architectural Peer Review Panel to ensure it
meets the City's built form guidelznes. The Panel is supportive of the revised proposal,
which they note is significantly better thaz~ the previous design considered by Council in July
2004. Their cornments are attached as Appendix 2. The Panel has recornmended some
minor design changes, such as keeping the retaining wall along Fallsview Boulevard at 0.9
metres (3 feet) high and providing wall vines along this szdewalk, which will be incorporated
in the site plan. .
3. Sectioffi 37 Public ~enefits
~
All projects between 4 and 30 storeys are required to contxibute to streetscape irziprovements
on abutting streets. It was reported to Council in 2004 that the applicant would be required
to provide a contribution fox the full cost of the streetscaping along the Munray Street and
Stanley Avenue frontages. As the Fallsview Casino's stareetscaping contxibution for
Fallsview Boulevard does not extend to other properties, the applicant has also agreed to
contribute the cost of streetscap~g on the Fallsview Boulevard frontage of the new
development, Munay Street and Stanley Avenue. The streetscaping cost for the threa
affected street frontages is estimated to be $2$5,000. The applicant has also agreed to
complete the streestscaping on the Murray Street frontage of the Jungleland parking lot
(Parcel 2- chaxge to be calculated). A letter of credit to secure this work will be collected.
In addition, developments are required to rnake a cash contribution to one or more specific
projects in exchange for a height increase over 30 storeys. Through the adoption ofOPA No.
56, Council negotiafed a cash contribution of $1,200,000 to be directed to one or more of the
following projects: Niagara Falls Arena project, Millennium Trail project, Hydro corridor
trail and buffering project and the Niagara Falls Commwnity centre project. The applicant
prefers this contribution be dedicated to the Hydro corridor trail atzd buffering project or
alteznatively the Niagara Falls Axena project. As the Hydro corridor trail project has not yet
been initiated, staff is recommending this contribution be dedicated to the Niagara Falls
Arena project.
October 30, 2006 - 4- PD-2006-92
4. ]Parking
Council previously approved the following standards for this proj ect as j ustified by a parking
demand study:
° an increased site specific standard of 0.8 parking spaces per hotel room; and
• 7.9 spaces per 100 squaxe me~res of convention centre space and no required parking
for ancillary restaurants or retail space.
As there are now about 60 fewer hotel roorns, there will be a reduction in parking
requirements, however, this may be offset by the increase in occupancy for fhe restaurants.
A parking study update is underway and needs to be completed to the satisfaction of the City
prior to passage of the amending by-law to ensure the above noted standaxds are still
applicable. If the above noted standards are applied, 910 parking spaces will be required and ~
can be provided with the temporary use of the Allendale lot (as previously approved by
Council for up to three years) or through the use of parking stackexs in the on-site parking
garage.
5. ~roposed Zoning ~y-law Arnendment
The proposed by-law to peamit the new hotel and podium construction would contain:
regulations to ensure the following:
° a maximurn building height of 172 metres above Fallsview Boulevard plus
decorative features such as cupolas, consistent with previous high-rise hotel
approvals;
° the floor area, restaurant seating and convention centre area is restricted to what is
proposed;
° parking stackers are provided at a proper standard; az~d
• the applicant enters into a Section 37 agreement to secure the contribution for capital
facilities and streetscape improvements:
A temporary use by-law will also be passed to allow a portion of the required parking to be
provided on the .Allendale site (Parcel 3) for a period of three years. At the expiry of this by-
law, parking stackers will need to be installed in the parking garage.
6. Site Pla~a Agreeme~nt
Under the terms of OPA No. 56, a site plan agreement is to be executed for the development,
prior to passage of the amending by-law. In addition to the normal matters secured under site
plan control, the agreement will secure the installation of parking stackers in the parking
garage at the expiry of the temporary use by-law for the off-site parlcing and the installation
of streetscaping of the south side of Murray Street abutting the Jungleland site.
When Council considered this matter in 2004, the site plan agreexnent for the existing 32-
storey Hilton Hotel development had not yet been executed. Since this time, this agreement
has been executed and registered on title, and the related securities have been received by the
City.
October 30, 2006 _ 5 _
PD-2Q06-92
CONCLUSION;
1• The requested changes to the ~roposed Hilton Hote~ can be supported for the following
reasons:
• the revised proposal is in keeping vvith the intent of the Official Plan and the site
speci~c OPA No. 56;
• theproposal has been satisfactorilyreviewed bytheArchitectural PeerReview Pat~el;
and
° the additional floor area is not expected to have ari impact, subject to confirmation '
by a traffic and parking report.
2• The amending by-laws will restrict the development to what is proposed on Schedules 2 and
3 and will permit parking on the Allendale (parcel3) site on a tennporary basis only.
3• A Section 37 agreement will be executed prior to passage of the amending by-Iaw to secure
the $1,200,000 million contribution for capital projects and.the $285,000 contribution for
streetscape improvernents outlined in this report.
4• A site plan agreement will be executed prior to passage of the axnending by-law and will
include measures to secure the required parking stackers.
Prepa espe t~ully sub 'tted:
~
drew Bryce John MacDonald
Planner 2 Chief Administrative Officer
R~commended by:
d~''~"~ ~vt.C~,~c~- ,
Doug Darbyson
Director of Plat~.ning & DeveIoptz~ent
roved b :
' ~r~/
. Ravenda
Executive Director of Corporate Services
AB:gd
Attach.
S:~PDR~20061PD20p6-92, AM-35-2003, ModificaNons ta Proposed Expansion of Hilton.wpd
. S~HEDU~GE 1
.
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~~on= I'arcel 1: 6361 Fallsview Bou~~vard. ~
Parcel2: Southwest comer of NTurray Street
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35/2003
~ Parcel3: West side of Allendale Avenue.
Applicant: 876891 Ontario Y,imited., 1140464 Ontario Inc and 1229142 Ontario ~nc.
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~ Corporate Services bepartrnent
~~~e~~~~ c~ r d'D 2004-56
The City of ~'~~~ning & Developrnent ~
Niagard Fal~s 4310 Queen Street • aou~ ~arbyson
P.O. Box 9023 Direc#or
~d~1aa~ Niagara Falls, ON L2E 6X5
web site: wuvw,city.niagarafalls.on.ca
TeI.: (905) 356-7521 7"h~ recommend~tion(sj son4~inecl
F~x: (905) 356-2354 in this ~epc,rE e~,ere a~lop#ed as
E-mail: planning@Ci~y.niag~rafalls.on.ca a~~nded by Ci~+j C~unCil
Jul~ 12, 2004
His Worshz~ Mayor Ted 5alci
and Members of the Municipa] Caunci]
City of ~Tiagara Falts, Ontario
Memhers; - ~
ite: ~dD-2004-56, U:ffnciall Plan & Zonang ~y-?aw AanendBnent A~~dncatnon
AIi~-35/BQ03, ~361 &'ailsview ~oa~9ev~rd & .sissoceatead O~:Site ~,am~s
Applic~nts: 8'76$91 ~mdard~ L6mitet~,1~40464 (Dntarlo Ie~c.
~~a~ 1229g4~ ~9ntariau Im~c.
Ageuts: ~eter Srnxtla, ~la~n~aer; Stephen IDia~aomd, S~pic~to~
~'rmpasec~ Egpansion ~o the II~Ciltom ~iotel I~
RECOMIflIfEtVpA'~'~ON:
It is recoznmendad that:
Council approwe ame~dments to the Of~ieial plan and Zoning By-law to ermit:
P
' a proposed Sg_starey expansion to the exis#i~g Hilton ~-Iatel containing 464 rooms;
° a portion of the requix~d parbng to bs located off-site on Parcet 2 an~d, on a
temporary basis only, Parcel3;
, e
fewer parking spaces t~an currently require~ by the Zoning By-Iaw;
' parking to be provided vn tand~ Q~ p~.cels 2 and 3; anc~
° a reduction in the dimensions of the parking stalls and manoeuvring aisles as
prescribed in the Zoning By-law; .
2) the Official Plan be amended in accordaiice with,the draf} ~e~~ent attacheci to this report
as A.ppendix 1;
3} before the arnending Zonin~ By law is bmught before Council for a roval th
shall execute, and the City Solicitor shall have ready for registrahan, a new si'tel p1
n~
agceeinent for theproposed development at~d a sectian 37 agreement, the latterofw}~ich sha11
secure the following matters;
Cterks • ~'orking Tog~ther tn Serw~ ~r~~ Community
~n8~e ° Human Resor~rces • Intormanon Systems • Lega/ • Planning & Development
' ~u~y ~2, 7ooa - a - P~-2004-ss
• contribution in the amotu~t of $ which shalt be directed towaz~d
;
• that tbe parking structure be constxucted so as to pzbvide for "parldng stackers" to
allow for additional on-site parking in the event af closure of the Allendale parking
lot;
~ that the parki~g levels within the parking structure be designated as valet paxking
o~Y~
• the theatre be for hotel or conferenca centre patrons only; .
• architectural design including, but nof li~ited to, suxface articulation, exteznor
materiats and roof structure, that is satisfactory to the Architectural Peer Review
panel and the Director ofPlanning and Development; and
• a cantribution attributable to ihe existing ~evelopment iii the amount of $99,141 for
the costs incurred t~y the City in resp~ot to the streets~aping af 1V~wray Street wes~ of
Fallsview Boulevard; a.nd ~
• a cantribution attr~butable to the praposed development for streetscaping along the
Stanley Avenue frontage.
4) Council require Ehe applicant to canstruct irnmediately closed-board fencing along the west
property line ofthe A1lendale parki~g lot adjacent to Sfi. IVfary's Ukranian Catholic Church.
and that the contributians related ~o Secti.on 37 be negotiated between staff
BACKGo1~~U~VD: a.nd the agplicant subject to council's approval.**
876891 Oataria Limited and others have made a~plication to a~nend ~he Offieial Plan and Zonia~g '
By-law for the ~ands at 6361 Fallsview Boulevard, site oftb.e HiltomHotel and aDenny's Restaurant,
and 6408 Stanl~ey Avenue, site of tla~ Days Inn, bot~ shown as Parcel ~ on Sahedule 1 and two ~
associated ~arcels, being the former Jungleland mini-putt site and a portion of the Hydro corridor
~ we~st of Allendale A~venue, shown as Parcels 2 and 3, respecrively, on Schedule l.
Oa 3anuary 19, 2004, Council approved. the.recommendations af report PD-2004-47, a status report
_ an the proposed expansion-to the Hilton Hotei. This report, which is attached; reviewed the issues
aiurounding this proposed development with the purpose of in~otming Council ant~ seeking its
di~ection to cantinue negotiations with the applioant #o xesolve these matters. Since then, staf~',
together with the Architectural Peer Review (APR) ~anel, has extensively worked with the applicant
and its consultants to the point where a revised application caza now be brought ~efore Councal for
consideration.
Ttae amendments are requested to penmit:
• a propased 58-storey expansion to the existing Hilton ~otel containing 464 rooms;
• fewer parking spaces than currently required by the Zoning By-law;
• a reduction in the di~mensions of the parking stalls and manoeuvring aisles as prescribed in
the Zoning By-law;
' ~ucy ~z, 2ooa _ 3 _
PD 20D4-56
° a portion of the required parking to be located off-site on Parcels 2 and 3; and
° parking to be provided i~n tandem on Pareels 2 and 3.
Details are shown on Schedules 2, 3 and 4, '
The subject ]anc~s are designated Tourist Commercial in the Of.ficial Plan. A portion ofParcel 1 is
d~ferred in respect ta the applieat~on of buildingheights. ~'he applicant is requesting a special golicy
within fhe Qfficial Plan to pertni.t a building height of 172 metres.
~'arced 1 is zoned ~'ourist Commercial (T~), in part, a~nd TC-4SS, S~3 and 547. Special provision
455 peimits the ctui-erit development. Special provisions 503 and $07 pe~naait xequired parking to be
temporarily located an Parcels 2 and 3, respectivaly. Pa~cel 2 andl parcel3 are correspondingly
zoned TC-503 and TC-507. The applicant is requesting a new site specific by-law be applied to the
subject lands to permit the proposed development.
Since the last time Council saw the application on January I9~', thepraposed development h~s been
revised in the foliowing manner:
° the single tower concept has been changed to a two-tower concept with the praposed 58-
storey expansian now being located on the north side of the property adjacent to Murray
Street, as shown on ScheduJe 5; ~
' the ~aumber of new hotel rooms has been reduced firorn 487 to 464 for a total of 963 rooms;
and
' the parking structure will be designed to accommodate parking "stackers" to permit
additioxzal an-site parkiazg in the event of the closure of the Allendale 1ot.
~~auaaumg A~aaAysas
' Th;e applican#'s proposal to construct a S8-storey tower to be added to the exasti~ng hotel complex
would be the tallest building in the City, surpassing the Skylon Tower by 55 fee#. The proposal is
to be reviewed based on the City's established O~'icial Plan policies and the Tourist Policy
Implementation H,andbook adopted May 31, 2004.
1. ]~~nld~g ffi~aglat
Of~cial Plan Arnendment (OPA) #26, which enacted the current Tourist Commercial
policies,establisheda30-storeybuildingheightfor~heFallsview~?istrict. However,during
the approval of OPA #26, a portion of the sub,yect lands was deferred from approval, in
_ respect to bu3.ldang he~ght only. $ecausa of Wis, the 30-storey maxirnum does mot apply to
the deferred ~portion of the site. However, theproposal still has to~meet the Plarr,'s objectives,
criteria regarding environmental impacts and the policies established in the Implementation
Haudboak. The subject proposal wi11 establish the building height for the deferred portion
of the property. ~
~ J u ly 12, 2404 - 4- PD-2004-56
The applicant pz~oposes to construct a 58-storey addition to the existing bualding. As shown
on Schedule 5, the addition will be a second high-rise towar on the site, Iocated adjacent to
Murray Street. The Plan requires that any ~eight above 3~ storeys be justified throngh
subxz~issio~ of a planning report and that ~o significant adverse impacts will b~ created. It
also states that ~.he skyline be aharacterized by the three viewing towers. 11~oreover, the
Implementation Handbook con#ains palicy directives that apply to buildings in excess of 30
storeys. The Handbook states ihat Qpportunity exists fQr ~e co~nstxuction of high-rise
buildings in excess of 30 storeys. There shou~d be a gradation of buildings eastward to
Queen Victoria Park and ~vest~vard to the residential lands; also, that a 300-metre radius
around the Skylon Tower should be pxotected in order to protect and preserva its icvnic
status. The proposed 58-storey tower essentially complies with these policies.
The proposed tower is located within thc "second tier" along the west side of Fal~lsview
Boulevard. Because ofthis, the tower is sep~rated from themoraine by developments on the
east side of Fallsview Boulevard. The tower is same distance from the residential lands to
the west. at is also looated outside the 300-metre radius of the Skylon Tawer. By being
~ outside the 30U-metre raciius, promir~ence of the Skylon as a skyline feature is not
comprom~ised. As noted by the applieant's consulting planner, sepaxation distance has .
preserved both Seattle's Space Needle and the Calgary Tower as icans of each ~ity's
respective skyline. In both cases, meather is the taUest b~.ilding in the city; the Space NeedJ.e
is the sixth tallest in Seattle with the tarlest, the Bank of Arnerica Tower, beirig 100 metres
taller. The agplicant's planner provides notes fur~er that the ~f~icial Pla~ states that the
area around Casino Fallsview shaBl become the second activity node in the Tourist Area. A
wide range of cornmercial uses is to be provided ta ensure that the node is an important
tourist destination. With this policy context, t~e FallsviewlMunray node has become
characterized by buildings with expansive godiurr~ and floor plates, notably Fallsview
~ Casino, the Skylon Tower aud the proposed Skylon developmen.t on the a~ortheast corner.
The applicant's planner states:
The result of these large floorplate use,s is that there will be fewer
~ high-rt.se towers in the imrriediat~ely surrounding area attd, as a
consequenee, ongoing protection of
sky arposure, in contrast to the
denser cluster of nghtly-,spaced hrgh-rase ~owers that has developed
in the vicinity af
the FaU'sview/Maan/Portage intersection, both in the
front and back tiers.
Within the site's burlt form context as descr~tbed above, a landmark ~
~ high=rise tower on the suhaect site as particularly appropriate and
will not result in an unacceptable im,~czct on sky views.
2. ~unlt ~'mrmm~ amd li~assing
The Official Plan states that high-~ise developments should not create a solid wall at the top
of the nnoraine and that appropriate gaps be maiz~tained between buildings. In arder ta
aahieve tlais, the Plan proscribes a base podium; wit}~ towers stepping back ~'rom the podium
and again at the fifteenth storey. The intent is that ta~l buildings not overwhelm the public
realm by providi~ng a pedestrian base and a reduction in mass with inereas~ing height. The
~ July 12, 2004 _ 5 .
PD-2044-56
Implementa~ion Handbook zeinforces ac}aievement of tall, slendex buildings within its
Skyview Principle. This principle is a concept to maxirnize sky, Iight and air transparency
by building buildings with adequate spacing and mass in order to reduce shadowiug, the
blocking oflight and air penetratian. The Haudbook contains ceirtain flesign objectives that
would implement the princnple that including:
' a rn.axun.um floor plate area of 10,000 to 12,000 sq, ft. to ensure that towers are not
excessively large;
° a lezigth to width ra~io df not mare than 1:1.5, a de facto prohibition on wide, slab-
like buildings;
a separation dis~ance of at ~east 25 metres between towers to provide for sky view
and light penetration; and
° buildings are to be set to the streetline and are to have a stepbaak of at 1 Q feet from ~
the streetline above a height of 50 ~eet to ensure pedestrian-scale and ta assist nn the
mitigation of wind unpacts.
The previons design of the proposed had raised concerns regarding massing and the creation
of a wall within the second tier. This was the most problenaatic issue of the previous design,
Consequenfly, the a~plicant responded, after extensive disctassion, to modify the design by
moviu~g the 58-storey tower to tha nortI~ side of the development. In this ~,ay~ the greatest
area of massing af the proposed bui]ding has been reduced ta affect only up ta thE fi$e~th
storey. Above this height the building splits into twa towers, the exasting 32_storey and the
proposed 58-storey.
The proposed addition to the Hilton is in corn~pliance with ttsese criiteria. The floor plate area
~ of the tower is approximately 14,100 sq. R., with a length tv width ratio of l:I .6. Although
there is a slight deviation in the fleng#h to width ratio, it only represents 1 U feet of width
which is nat sigttif cant. ~'he towers aze separat¢zi• by over 91 feet (28 matres). The towers
rise above and are set back fro~ an extensive podium that ex~ends tm the three street
i frontages of the subject lat~ds. T'he podium eontains pedestrian-scale uses including retaiY
' and restaurants tagether with conventionlbanquet facilines and a theatre. As such, the
proposal represents a comprehensive development of appraximately iwo-thirds af the
_ Murray/Fallsview/Dixon/Stanley block.
3• Amchitec~nra? ~ee~ Revie~v
City policy is that buildings above 10 storeys be subject to an Arc}~ztectural Peer Review.
The Implementation Handbook concurs that Arehiteetural PEer Reviewr should be used to
encaurage architectural excellence. The Panel is to evaluate the massis~g, diversity of
heights, setbacks; as well as the £eatures of the building base (podium), tower shaft and roof
treatment, amang ather ma#tens.
The Architectural Peer Review (APR) panel report is attached, The panel's review can be
~ suzntz~arized as foltows:
~ J~IYy 12, 2404 - ~ - PL3-20Q456
° The podium provides for posit~ve street frontages and is well-scaled for pedestrians.
Refinennents in architecture of the podium should be made to achieve greater
(architectural~ compatibility with the tawers.
• Landscape is to be consistent with the Streetscape Master Plan. The "water and ice"
theme needs to be addressed and included irl the section 37 agreernent.
° The proposed tower will be a landmark buildin,g, set within the secand tier and wibl
be less imposing than a smaller building set close to the moraixie.
• The tvwer height is acceptable due to the large pvdium and the transitional(15_
storey) ~iuilding ta #he south. Additional design could im~rove its appearance.
° The bui lding will provide for a vazaable skyline height and be within the context af
the development with small, mediuxn and large structures.
° Tkne provision af a high podium and colonnades with towers set back shoulcD produce
a very good microclimate fox pedestnians.including wirid and weather pratection.
Sun shadowing is aeceptable. .
4. 1VV~facxocia~~~e ~ssu~es
The Offiicnal Plan requires that high-rise buildings not create adverse impacts at street level
. or on open space and residential areas by virh~e af wind or shadowing. Studies must be
snbmitted to address the climatic conditions created by tall bui~dings.
As noted above, the building design of a large podiurn and towers well set back should assist
, in mitigatian of wind impacts. This has been supported by the applicant's wind study. The
consultant has also stated that the two tower concept will impznve wind condirions over the
previous design. It should be noted that the buildiz~g is ou#side the study azea for #he Niag~ra
Parks Commission's recent staidy on misting. T'he s'i~n/shadaw dravvings inclicate that
shadowing will a~ot significantly irnpact adjacent prm~erties o~ streets.
5. ~enasa6y
lNhen the application for the Hilton was circulated to commenting agez~cies and intemally,
concerns were raised regarding the impact af devetopments of this scale and magnitude w~ill
~
have on services a~d road capacity. Wl~i~le the applicant's co~sultants have ~rov~ded
satisfactor}? reports to show that the existing infrastructure has the capaeity to accomnnodate
the developmez~t proposal, the Region as st~ll concemed with respect to future impacts should
more development be proposed at similar densities, especially from a traffic perspective.
Municipal Works has respo~ded b~+stating that the proposed Hilton Iiotel expausion, despite
exceeding some of these design paratxieters, does not present a Iong-term risk to the intent
~ of the transportation or se~vicing initiatives that have been completed or planned ~'or the
' future. Accordingly, a strategy that uses canservative estvmates and a phased-in construction
program gives the City the flexibility to adjust to minor devaataons in the expectec! density
on prime development lands. As certain capacity constraints are appxoached, new solubions
cax~ be identified and addressed.
July 12, 2004 ~ 7-
PD-2004-56
6• Publi~ ~euefits
The ~fficial Plan requires that all develogments between four storeys and 30 storeys are
reyuired to contributa to streetscape improvements for all street frox~tages. Contributions are
to be in accordance with the desigta requirements of the Streetscape Master Plan and are
collected through agreements under section 37 of the Planning Act
in this regard the existing Hiltan Hotet development was responsible for contribution to
improve the frontage along both Fallsview Boulevard and Murray Street, T}le Fallsview
improvernents were completed uz~der the payrnentmade by (3LGC and TMC. ff~owever, the
costs associated vvith iznproving Mu~ay~treet are to be collected. T1~ese costs are calcuiated
to be $99,141. The applicant will also have to contribnte to the casts of streetscapirig along
the StanIey Avenue frontage, l~etailed design is ~ow being ~ndertaken b}t the Reg,ion for this
portion of Stanley Avenue. As such, a cost attributable to the new development shouId be
readily obtainable from the Region. It is recommended that the collectaon of these
, streetscaping cos#s be a condirion of the sectiori 37 agreennent and payable prior to the
issiaance of any building permits,
The Handbook provides that any development seelang approval of an Official Plan
am~ndment beyond the 30-starey height provision be subject to cash contributions towazd
public faci~ities which imprave the quality of life for residents and visitors of Niagara ~'alls.
~ This provision responds to the commuiuty's desire to be compensated for the pxivilege of
building higher.
Council, however, retains the ~ight ta grant ~p~oval ofan increase in height (a bonus). Fn
retiun for obtaitung an approval for an increase in height, the developer then elects to enter
into a section 37 agreement that detai~s the mature af the public benefit that is to be retumed
to tbe City.
~ For buildings proposed to be co~structed irz e7ccess of 30 storeys in height, the Handbook
~ contains a~'orrnula that as applied to a development ata order tci obtain the amount of the
contribution toward one or uaore community facilities. This is the subject of report no. PD-
2004-62.
In khis case, the tower has a fl0,100 sq. ft. flppr pl~Q ~at has a vaiue of constructioz~ of
, $139.75 per square foot, as determined by Stats Canada in their construction cost guide for
2004. A 5% cash contribution would be calculated as follows:
• Each fleor at 10,100 sq, f}, at $139.75 per square foot would be valued as$1.41 M
per floor.
• The value of 28 floors would be_ 28 x$1.41 =$39.5 M.
• 5% of the total value of the additional floors would be $39,5 M x 5% =$1,9$ M
capital facility value or cash canfribution.
Council has yet to address where this contn~bution shauld be allocated. T'he facility that is
to be constructed or where the funds are to be contxibuted is to be specifically sta.ted within
July 12, 2004 - 8- PD-2QU4•56
the Of~cial Rlan amendmen.t and within the section 37 agreement, together with other
matters and services a~oted below, which is to be ready for registration on title g~ior to the
passage of the amen~ing by-law.
Other matters; as noted in the recommendation, that are to be securetl through the section 37
agreement are:
' the pa~'king garage shaIl be co~structed to accomrnodate parking "stackers" in the
event di the alosure of #he A.~lendale lot;
° the parkiug levels with or withouf the stackers shall be valet anly; .
• the theatre shall only be for hotel or convention centre patrons on.iy; and
° architectural design, i~ncluding and not IimiEed to surface articulatiom, ext~riar
inaterials; roof structure and pedestrian-scale uses, that is satisfa~tory to the
Architectural Peer Review panel and the Director of Pluu~ing and Development.
The above ~riatters are considered to be essential aspects ofthe development but fal] outside
the.normal zoni~tg regulations and therefore are recommended to be inctuded within the
sectxon 37 agreement.
7. ~'u'~g ~nd ~Jse o~4he ~ydro ~orr~doa~
The provision of parking in the touxist core is a significant issue. '~'he Handbaok states, as
a general ru~e,~that all required parking for new development slivuld be provided on-site.
Further, new development shoulc~ concentrate parking in structure lots orunderground. The
Hilton utilizes two off-site parcels to providerequiredparkingin car.~bination wzth an on-site
suaface parking area behind Llenny's. These pazcels, the Jungieland lot atad the A~lendale lot,
show~a as parcels 2 and 3 respectively, have besn appmved for use as teznpor~,ry use by-laws.
~ The temparary use by-laws expired on April 15, 20U4.
The applicatiaa ma.de proposes to zone these parcePs permanently for parking and to provide
parldng on•site within a three-~evel uzidea~ground pazking structure, Moreover, the applacant
proposes to reduce the number of parking spaces to be provided ~or the developrnent arid to
rcduce the pazking nnodule dimensions, as required by the Zorning By-law, to accommodate
more vehicles bvth on-site and ~ff-site. These propasals have been supported by a paa~aing
demand analysis and an analysis and justification ofthe proposed. module size. Planning and
~'arking & 7Craffic staffs have reviewed the supparting doeuments and can accept the
~ ~roposal to reduce ttne number of parking spaces and to reduce the parking module size,
Hawever, the proposal to utilize off-site parking, at least with respect to the Allendale lot,
is af concern. Dwing the public cansultation process of the 'I'ourism Policy Review,
comments were received ~that use of the Hydra comdor adjacen~ ta Allendale Avenue was
a threat to the reside~tial lands to the west in tertns af uoise, dust and lighting impacts, as
~ well as #he potential for tourism uses to begin establishi~ng in the residential areas. Because
of this, the Handbook a~ecommends that the City prepare a Coxridor Plan for submission to
Hydro Qne as part of Hyd~ro One's Secondary Plan Land Use Prog~am to allow use of the
corridor as a transitional area and a stable boundary to the Tourist Commercial lands. The
' ,?uiy 12, aooa _ 9 _ .
Pd-zaoa-ss
plan wonld explare open space linkages, pedestrian routes and connections and a range of
compatible uses. The Corridork~lan has to be submitted to Hydro One byMay 31, ZQ05 af~ec
which Hydro One wi11 have to approve it and the City will have Oo adopt aixy changes to the
~f~'icial PIan and Zoning By-1aw. As the process will take up to three years to complete,
staffhas advised the applicant that it can only support a furtl~er temporary use by-law and
that parkittg will ultimately have to be removed from the Allendale lot and provided on-site.
'I'he applicant b.as responded by modifying the design of the parking structure to
accomrnodate parking "stackers" which are hydxaulic li$s that a11ow for vertical stacking of
vehicles. Stackers axe apparently used in Iazge ~rban cenh-es, such as Montreal, where '
parking is at a premium. The seetian 37 agreement will contain a conditiom respecting
construction of the parking Structure to provide for stackers and submissian of a Letter of
' Credit as a guarantee.
8. The propcnsed ~f~ic~al PHan auz~endme~t ~s mpproprAa~e.
The praposed amendrnent document is attached to the report as Appendix i. The docurnent
permits the proposed expansion of the Hilton Hotel to a maximum height of 172 metres a.nd
contains a list of matters and services, as noted in. t11e recoznn~eniiation, that the developer
is to provide as part of'the sectioza 37 agreemeni. The amendment will satisfy the deferral
that currex~tly eacists on part of the ia~ds and wzll establish 1'12 metres as the xnaximum height
far the property as an exceptiori to the P1an,
Once approved in principle, staff and the
applicant will finalize the wording of ~he
amencinient which will then be brought back to Council for adaption and then sent to the
Region for approval. Within this time period, the amending zoning ~y_Iayy~ s~~on 37
' agr'eemen~ and site plan agreement will be prepared. It is recommended that the agreements
be executed by the applicant and b~ ready for regis6~-ation prior to the amending d~y_Iaw being
brought before Cauncil. In this manner, Council can be saiisfied that a11 conditions have
been appropziately addressed.
9. ~ ~~lne~ Iss~es
Staffrepo3rted previously that the applicant had yet to execute the eurrent site plan agreement
to a11ow it to be registered. Ta date, this agresment has not been registered as vax,ious
associated legal documents have not been executed by the appliaant. Accordingly, it is
recommended that the appxoval of the amending zon ing by-law be wii~eld untiI the ew~rent
site plan agreement or a comprehensive site plan agreement encompassing the cu~rent and
future development is registered
Staff k~as r~eceived a~etter ofconcern from St. Mary's Ukranian Catholic Church Iocated west
of the Allendale lot. The churcb is currently experiencing litter, noise, dust and lighting
impacts tagether with trespassing from users of the A1lendale lot. Because of this; staff is
recommending that Council require the develaper tv immediately cornmence construction
of a closed-boazd fence alo~tg the mutual property line.
~ July'12, 2b04 . • 10 - PD-2004-56
C~N~L4JSION:
Based on the foregoing, staffcan recommend approval Qf the proposed amendments to the Official
Plan and Zoning By-law to perm.it a 58-storey expansion to the ~ilton Hotet becaus~:
• the ~roposed development is in keeping with the abjectives of the Official Plan;
• the lands axe suitab~e for a building af such a height, being within the second ti~x and in
excess af 300 metres from the Skylon Tower;
.
the proposal, with its two tower concept and extensive podium with pedestrian-scale use, will
be compatible with the urban envirorunent of this azea; and
• surroitnding lands wi11 not apparently experience negative impacts in terms of sky view,
shadowing and wind.
~ep~'~ • Respectful~y submitted:
J^
ohn arn~sley ~ John MacDonald
Planner 2 Chief Administrative Officer
Recomrnended by:
~ 1~~~~
ong Darbyson
Dixector of Planu~ing & Devetopment
Approved by: . ~ ,
V ° ~
T. Ravenda
Executive Director of Corporate Servaces
JB:gd
Attach.
S:~PDR~2004~PA2004-56, AM-35-03, 6361 ~'alisview Bivd-H~7tan.wpd
SCH~.~U.~~E ~
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Loca.tion: p~cel l: 6361 Fallsview Boulevard. . ~
Parcei 2: Sauthwest corner af M~uray Street ~
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Pazce13: Wes~ side of Alle~~ale Avenu~.
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YNe the citizens of Niag?ara Falls, petition fhe city to prevent
frorn removing? the connecting wralkw~ay betwreen ll~ontrose rd, &
A~mstrong rd Chilc/ren anc/ residents typicadly use this walkway
for schoo% buses an~ other acti~rities. Removing this sidev~ralk
w~ill g?reatly inconver~ience mar~y of the surrounding residents.
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h~ The information contained herein is correct as at the
~ ~ , - ~ ~ ~ ' ` date of distribution and is subject to change without
~ y $x 3J~ ~ ~ .
~ j notification. A complete program with lacations of
s
~ U~~= events will be made available o n- s i t e a t t h e C o n f
e r e n c e.
~ :
~ ~ ~ ~ v{ ~ ~ ~ ~ .
August 16 - 19, 2009
Westin Hotel Ottawa &
Fairmont Chateau Laurier
_ _ _ _ _ _ _ _ _ _ _
W.,...m m..... S ~ ~ ~~1~ 16T"
_ _
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_
_
9:00 a.m. - 7:30 p.rn. Information Booth
_
_ . _
_ _
~ m. - 7:30
p. p.m. Registration
2:00 p.m 7:00 p m. Exhibit Hall Open
_
_
. p.m. 0 p.m. Conference ~rientation 5ession
: p.m. - 9:00 p.rn. Ottawa Welcome Reception
_
_
_ .
_ . _
. .M,,. ~ ~ ~ ~1~~ 17'"
w.. .~~es L~, ..w,~.~
~'~ru~~ u~_..~~_..~__~~ .
_ ~,a~:,~ . _
7:30 a.m. - 5:00 p.m. Registration and Inforrnation Booth
_
_
_
8:15 a.m - 8:45 a.m. Annual General Meeting
_ _ _
8:45 a.m, 9:00 a.m. AMO President's Address
m Peter Nurne, President, AMO
_ _
_
_
: a.m. 9 45 a.m. Our Evnluing Relat~onship with the USA
• The Honourable Pamela Wallin, O.C., S.O.M
_
_
: a:m. - 10:05 a.m. The Honourable Jim Watson, Minister, Municipal Affairs and Housing
10:05 a.m. - 10:30 a.m. Coffee Break
_ . _ .
.
. a.m. - 11:00 a.m. Canada's Economic ~utlook
o Don Drummond, Senior Vice President and Chief Economist, TD Bank
Financial Group
11:00 a.m. - 11:40 a.rn. Analyzing the Implications of Assessment Capping Measures
p Dr. Enid Slack, President, Enid 51ack Consulting
11:40 a.m - 11:50 a.m. FCM Greetings: Basil Stewart, President
_
_
12:00 p.m 1 15 p m. Learning Lunches
_
p _
: 0 p.m. 8 30 p m. Exhibit Hall O en
_
1 15 p m. - 2 30 p.m. Coffee and Dessert in the Exhibit HaU
_ _
_
: p.m. 5:30 p.m. AMO Board Election Voting
3:00 p.m. - 4:30 p.m. Concurrent Sessions
~ Reinventing Local Economies '
a Progress on Waste Diversion and the Blue Box Plan
o The Latest on Sustainable Communities
• The Case for Municipal Liability Reform
_ _
_
5:30 p.m. - 8:30 p.rn. Showcase Windsor ~ Essex - AM~'s 2010 Conference Host Receptinn
_
_
_
,a '
~,~sacialiun ~at ~k~~~siri~~siitiG~s raf ~int,~a~cs
; ~ ' '
The information contained herein is correct as at the date
' ~ of distribution and is subject to change without notification.
~ sk ~ ' ~ . ~ ~ ~a X ;
' ` A complete program with locations of events will be made
~ ~ ~ ~ ~~E available on-site at the Conference.
- . - ~
TH
~~5~1~l~18
. . . . _ . . _ _ . .
_ _
~i~~ ~~~~~r
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_
7:30 a.m. - 2:30 p.m. Registration
_
7:30 a.m. 3.30 p.m. Information Booth
7:30 a.m. 8:15 am "More for Members" AMO & LAS Services & Product Sessions
_ . _ _
_ _
8:30 a.m. - Noon AMO Board Election Voting
8:15 a.m. - 8:40 a.m. Canada-AMO Gas Tax Awards
_ _
_ _ .
8:40 a.m. 9:00 a.m. The Honourable John Baird, Canada's Minister of Transport, Infrastructure and
Communities
_ .
_ _ .
9:00 a.m. - 9:30 a.m. Andrea Horwath, MPP, Ontario NDP Leader (invited)
_ _ _ _ _
_
:30 a.m. - 9:40 a.m. Showcase Windsor ~ Essex 2010
~ 9;45 a.m. 10:15 a.m. Ontario PC Leader (invited)
_ _ _ _ _ _ p
10:30 a.m. - 12:00 p.m. Concurrent Sessions
~ • MPAC and Assessment U date
• Sustainable Food Sources, Healthy Economies
~ • Green Buildings
~ • Land Use Planning Changes
• Harmonized Sales Tax and Municipal Governments
~ 12:00 p.m. - 1:30 p.m. Lunch (Delegates on Own)
1:30 p.m. - 3:00 p.m. Concurrent Sessions
~ • Local Healthcare and Community Well-Being
• Engaging Diversity in Politics
• Municipalities and School Boards: Moving Forward
~ • Managing Electronics, Tires, and Municipal Hazardous Waste
~ m Time of Use Pricing _
_ _ _ _
. _ _ .
3:00 p.m. - 3:10 p.m. AMO Election Results
~ 3:15 p m. - 3:45 p m. The Honourable Dalton McGuinty, Premier of Ontario _
~ 3 45 p.m. - 5:00 p.m. Mmisters' Forum .
_ .
6.00 p.m. - 7:30 p.m. Province of Ontario Reception
~ 7:30 p.m. - 10:30 p.m. A Night at the Museum
_ _ _
_ _
0
~
~ ~~~~S~e~~19TH
_ . . . . . _ . . . . . .
TIt4PC~ E~~f~T
8:00 a.m. - 10:00 a.m. Information Booth
_ _ _ _ _ _ _
8:15 a.m. - 9:00 a.m. Early Morning Insight Breakfasts
_ _ _
9:15 a.m. - 9:30 a.m. P.J. Marshall Awards
_ . _
9:30 a m. - 10 00 a.m. Honourable George Smitherman, Minister of Energy and Infrastructure
_
_ _
10:00 a.m, - 11:00 a.m. Greening of Ontario and You
11:00 a,m. Conference Wrap-Up
- _ _ _ _
0
hs~ncaatir~o rs[ ~4~it~~i~,~RiCi~z iaf Uat~orict
24-Jun-2009 01:22pm From-Broderick & Partner~ 9~5 356 6904 T-96T P.036/~38 F-T39
a ' ,
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CITY C~F N9~i~~EtA FA4.LS
PBanntn~ i Dev~lopr~ent
4310 ~ueen Street
P.O. Box 10~3
IViagara Falls, ON
LZE 8X6
~4e ; Ken ~Ne~Fe, IWa~a~ec of Cuoa~nQ Pd~~o~9ng
Dear SI~:
Fte: ApplOcatlon by H~spfta9~~ Re~orts Ina. fi~r Re-Zoning of Fiitton IViepsr~ F~lls
FalBeview Hotel ~oonple~ - pfds~ parking 9.~ta Licer~ced by ~9ydro One fV~lw~o~ks
o understand th~o4 Biosp~tality Resords lato, is appy8r~g for ~ ce-zon6ng of the abov~ na4ed
P~Pe~Y ~t 83~1 I~all~~devv BovBev~rd, Nieg~r~ Fa91~, C)N (Hilton N6~gaPa F'alls Fa~~vlsw
Hate9 ~r~ple~c)1n on9ar to pnovide for tl~e ~ae of the fands that 9iydro pate Netwo?ics inc,
ace curree~tly Bi~ocino tru them u~ader tu~ree~ q~0) y~r U~ea~ce ~gPeevnee~~ coennnencing
' ~0 200~ fio~ tl~e pu~se of t~re parkl~g a~ mot~r v~hicies theo~eon for the ~rm~lex. The
Il~e~ced l~~cis ane show~ro on the oopies o~ tfi~e pl~o~s ~tt~ched here~.
Pleese be ~dvised that Hydro One f~etvNOrks Inc. ~whoe~e the ~o~otplex currea~~ly Nceneas the
I~nds fororr~9which,Os u~m~r~ly owned by ahe Pr~vi~ce o~ O~r~o aga~es w~th ~nd auQhorize~
the Re-zonir~ ~Opp~ir,~tip~ an 4he undmrstandaeeg th~t the soie pu~po~a ~nd (ntent mi the re-
zoning is to p~rmit the licenced I~nd~ thad are ~K ~a4 ~ of tt~~ ComplQx to be use~ fmr
pe~lc(np (which G3 thw cuarent use which wiil no4 ch2Aa~ge~ for th~ Coa~t~lex eo~d fo~ no o4~er
p~~ses. P~~t cof the 6icee~c~ (~~do ~r~ ~PxO hsv~ been used ior tho~e purposes on a
4e~olary basis.
Vours 6ruly,
FBYD ONE IVE Q~tEC C.
NT ~A OR
24-Jun-2009 01:23pm From-Broderick 8 Partners 905 356 6904 T-96T P.031/U36 F-T39
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