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Additions to Council, Tuesday April 24, 2012ADDITIONS TO COUNCIL, TUESDAY, APRIL 24, 2012 PRESENTATION /DEPUTATIONS 1. Captain William Fielding is unable to attend, the presentation will be rescheduled. COUNCIL PLANNING 1. PD- 2012 -16 - AM- 2011 -015, Zoning By -law Amendment Application 5401 River Road, Applicant: David Hagerman. Proposed Cottage Rental Dwelling. a) Correspondence from Kenneth & Anne Westhues. ( Copy of presentation) b) Email from Veronica Veal 2. PD- 2012 -27 - AM- 2012 -002, Zoning By -law Amendment Application 6015 Barker Street. Proposed 30 Unit Apartment Building, Park and Parking lot Expansion a) Reprinted copy of emails, re: Janice & Alex Herlovitch, Director of Planning and Development. b) Email from Janice Wing re: Path of the 21st ( Please note: this includes photos that were blacked out in the Battlefield Enterprises correspondence.) Council will be provided with colour copies of the photos c) Email from Janice Wing re: Parking d) Email from Janice Wing re: Illegal Building e) Email from Kim Rogers f) Email from Bill Colclough g) Email from James Atkinson h) Email from D E Graves i) Email from from Janice Wing requesting the Municipal Heritage committee consider recognizing 6015 Barker Street under Ontario Heritage Act. j) Email from Janice Wing on the various funding opportunities. (4/23/2012) Dean lorfida - FYI: Will Fielding just em'ed -- he cannot attend April 24 for Niagara Falls City Council Page 1 From: Sarah Conidi To: Dean Iorfida; Jim Diodati CC: Cathy Crabbe; Kristine Elia Date: 4/20/2012 12:14 PM Subject: FYI: Will Fielding just em'ed -- he cannot attend April 24 for Niagara Falls City Council I will get back to him with more dates and let you know what he confirms. »> william fielding <thumper114(a live.ca> 4/19/2012 10:29 PM »> Hi Sarah, Regretfully, I will no longer be able to attend the meeting next week. Please advise when the next meeting will be and I will make all efforts to attend. Thanks in advance, William Fielding Date: Thu, 12 Apr 2012 09:23:02 -0400 From: sconidaniagarafalls.ca Subject: RE: Confirming April 24 for Niagara Falls City Council To: thumper114(alive.ca Good Morning, April 24th, 2012 at 6:30pm at Niagara Falls, City Hall, 4310 Queen Street (Niagara Falls, Ontario L2E 6X5). As far as parking, there is a lot located beside City Hall and I am able to provide you with a visitor's parking pass. Could you provide your license plate number? (I need it to register for the pass.) Thank you! Sarah »> william fielding <thum�er114(alive.ca> 4/10/2012 9:02 PM »> Hi Sarah, I will be there. Just let me know exactly where to be, what time to be there, and any other details I may need (like where I should park)!! Thanks again, Will Date: Tue, 10 Apr 2012 16:30:02 -0400 From: sconidi@niagarafalls.ca Subject: Confirming April 24 for Niagara Falls City Council To: thurnper114 @live.ca Good Afternoon, Captain, I hope this e-mail finds you well. I just wanted to confirm that you are still able to make it to Niagara Falls for the Council Meeting Tuesday April 24. (4/20/2012) Dean Iorfida - Application to rezone 5401 River Rd. for cottage rental Page 1 From: Kenneth Westhues <kwesthue @uwaterloo.ca> To: Mayor Jim Diodati <jdiodati @niagarafalls.ca >, Councillor Wayne Gates <wg... CC: "Mr. Dean Iorfida" <diorfida @niagarafalls.ca >, "Mr. Alex Herlovitch" <ah... Date: 4/20/2012 3:33 PM Subject: Application to rezone 5401 River Rd for cottage rental Dear Mayor Diodati and Councillors, You may recall that prior to its meeting of February 28, I made a written submission to Council, asking it to defer action on cottage rental applications until staff have opportunity to study the matter and draft a policy specifying criteria for evaluating such applications. I was therefore pleased and grateful that at its meeting of February 28, Council ordered that its decision on 5401 River Rd. "be deferred until staff comes back with related policies...." I learned from Mr. Iorfida last Monday that while staff needs more time to examine the matter, staff will ask Council to make a decision on the application for 5401 River Rd at its meeting next Tuesday, April 24, "based on the current policies in effect and to bring some finality to the matter." Accordingly, I plan to attend next Tuesday's meeting and to ask Council to deny the application "based on the current policies in effect," principally the unambiguous provisions of Paras. 4.2.35 and 4.2.36 of the Tourist Commercial Section of the Official Plan: The River Road Satellite District shall function as a residential area where Bed & Breakfast accommodations are permitted so long as the residential character of the area is maintained. No commercial uses shall be permitted in the River Road Satellite District. I am copying this email to Mr. Iorfida and Mr. Herlovitch, so that staff may have opportunity to prepare counter - arguments if they so choose. I acknowledge with thanks their courtesy toward me and their responsiveness to my requests for information. Mr. Iorfida has assured me that I will be "free to make representations at that time, when the Mayor opens the matter to those in the gallery ." My wife Anne and I very much appreciate the interest and concern Council has shown in this matter. Respectfully, Ken Westhues Anne and Kenneth Westhues 5419 River Road Niagara Falls, Ontario L2E3H1 (4/23/2012) Teresa Fabbro - Council meeting, 24 April 2012 From: To: CC: Date: Subject: Attachments: Kenneth Westhues <kwesthue @uwaterloo.ca> "Ms. Teresa Fabbro" <tfabbro @niagarafalls.ca> "Mr. Dean lorfida" <diorfida @niagarafalls.ca> 4/23/2012 12:09 PM Council meeting, 24 April 2012 5401 River120424.pptx Dear Teresa: Further to our telephone conversation last week, attached please find, in PowerPoint, the slides to accompany my 10- minute presentation to Council at its meeting tomorrow night, 24 April, in connection with the rezoning application for 5401 River Road. As you suggested, I'll copy this to Dean lorfida. In case the file cannot be loaded for the data projector beforehand, I'll plan to arrive a little in advance of the meeting and to bring the file with me on a USB drive. Many thanks. Ken Westhues Anne and Kenneth Westhues 5419 River Road Niagara Falls, Ontario L2E3H1 Page 1 krjlji Braose rategr,nes Over 3,801,371 Free Local Classifieds Post A4 Fr "" In A.10,70 Go 11, Welcome to KilIrI St Catharines free total cIasedieds Cllck here for more results related [0' x225401 00.00402 nleaere" Ko 001400 > S' Catharnes 0 real estate 0 shor*, term r0 1013' Ad ID 3410'0150 $35015br 4bath - Ring in the 2012 New Year in Niagara Falls! 054:0 Sn010 Pln1 Rep, Date Lo•ed .9 -000 11 0000 $350.00 Aacre. s 5401 Rrner 0.1 Niagara Falls ON LOP ?Ft, Cana. ^+at Bath -aoms 01 4 5015000-5 For Rert By. 01vre' Furnished Yes Pet Fnendl, Yes Cr 110 8.001 House atfes to., a'or 1010 ^�.me r r 0r le an ve_d',on give -g ycu ail the co,n1011 c' ^cme'. t'h15 Deb,com, 4 batnrbam'DoSe IS 00001t 'Sr 8011' ne•: leak 35 -eleh'ariens `1, 20'2 Vru 00110.04 10, ors and 0014 or hrrs b „he'eve- , cu +,0nt tr. 9,110 Ott l Dial.- 11. n p,d tn,pt_r'r1m,41v, ON THE RIVER HOUSE 9401 Rrver Road 1,4r.a3ara F41, Ortana Canada Managensr Susan McCracken "Spectacular View of the Niagara River!" Apr 2012 AMTWT FS 8 0 10 11 12 13 10 1S 16 17 10 19 20 2i Although Niagara Falls has no by -law on cottage rental dwellings, it does have an official definition of what the term means: a one family detached dwelling that is rented in its entirety to one group of travellers at a time for a period of less than 28 days at one time. (By -law No. 79 -200, Para. 2.15.1) A cottage rental dwelling is thus a commercial use of a property, a small, unattended motel, a single suite of rooms rented by day or by week. Issue before Council: Whether or not to rezone 5401 River Road for use as a cottage rental dwelling Resolution of the Issue: Council is free either to retain the existing zoning or to rezone the property, depending on whether it chooses to follow the unambiguous policy of the Official Plan or to make an exception. City of Niagara Falls Official Plan: Unambiguous Policy TOURIST COMMERCIAL POLICY 4.2.35 The River Road Satellite District shall function as a residential area where Bed & Breakfast accommodations are permitted so long as the residential character of the area is maintained. 4.2.36 No commercial uses shall be permitted in the River Road Satellite District. City of Niagara Falls Official Plan: Exceptions Rule RESIDENTIAL POLICY 1.2 A variety of ancillary uses may also be permitted where they are compatible with the residential environment. Ancillary uses shall 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. Past Practice — Reason for Exception: Owners Live Nearby "As the owners reside next door, they will be able to supervise the use of the dwellings and better ensure the properties are properly maintained." Planning report recommending approval of the cottage rental application for 4733 Zimmerman Ave. and 4228 Huron St., April 24, 2006. Past Practice — Reason for Exception: Neighbours Want It Five letters of support from neighbours. "The applicant has indicated that the cottage rental dwelling has been operated for a number of years and that he has continued the use since purchasing it approximately one year ago. He is now seeking to legalize the use. The City has not received any complaints with respect to its operation." Planning report recommending approval of the cottage rental application for 5225 Ontario Avenue, August 29, 2005. .�, 5411 River Road atleft, 5401 River Road at right. 5401 River Road at left, 5395 River Road at right, and at rear, Susan Wall's house at 5421 River Lane. Past Practice — Reason for Exception: Location on Collector Road "Ontario Street is recognized as a collector road in the Official Plan and is intended to carry moderate amounts of traffic through the neighbourhood and can accommodate the traffic a cottage rental dwelling would generate." Planning report recommending approval of the cottage rental application for 5225 Ontario Avenue, August 29, 2005. Location of 5401 River Road, as shown on map appended to Planning Report. Vehicular access is solely from River Lane: 13 feet wide, curving, sloping, blind 3 single detached homes with parking 6 driveways in 100 feet River Lane — garage for 5401 River Road is at rear left. Summary request to Council: Since there is no reason to make an exception, retain existing zoning, in accordance with Para. 4.2.36 of the Official Plan: No commercial uses shall be permitted in the River Road Satellite District. Thanks to Council for the opportunity to make this presentation. (4/23/2012) Dean lorfida - 2012 Tourist Home Policy Page 1 From: VeronicaV <v3ronica @bell.net> To: Dean Iorfida <diorfida @niagarafalls.ca >, Franco Piscitelli <FPiscitelli @... CC: Kenneth Westhues <kwesthue @uwaterloo.ca >, Vlado Mazalica <vm1943 @hotmail... Date: 4/13/2012 4:14 AM Subject: 2012 Tourist Home Policy I would first like to thank you all for meeting with me to discuss my cottage rental issues after the March 27th public meeting. Although I am not satisfied with Council's passing of 4080 Hickson's zoning amendment, I am impressed with the help and empathy City Hall staff has displayed. I am pleased to offer feedback for the planning report to be submitted to Council for the April 24th public meeting. NAME CHANGE! Please refrain from referring to these party homes as "Cottage Rental" dwellings, the term is misleading. Comparing it, or remarking that "cottage rentals" are in any way similar to B &Bs is also misleading. Possible name changes: Unsupervised Tourist Home, Host -less Bed & Breakfast, Homtel (pronounced with a long "o" sound). Differentiating it from other tourist rental properties will give it its' own classification so by -law enforcement can flag and tag on a complaint basis. NUISANCE BY -LAW What is going on with London? However the legislation pans out for this, I certainly hope Niagara By -Law Enforcement Staff is liaising with London Staff on this issue. For example, if the police /by -law enforcement were aware that a property had fraternity or tourist home status, fines would be issued and documented in a different manner than regular residential noise complaints. For example, heavy automatic fines to both owners and guests should the authorities need to intervene at first approach, operating licenses could be suspended for up to a period of thirty days. Repeated violations would ultimately affect licensing renewal or other punitive damages. Issues that cannot be reconciled through regular authorities will result in reversing the zoning to its' original designation. Disturbances occurring at such properties where it is to be found they are in violation, knowingly or ignorant, are fined, and /or severe penalties imposed when applying for a zoning amendment. TOURIST HOME LICENSING / ZONING *Canadian Residents may apply for either a temporary or permanent unsupervised tourist home license, as per current methods. Temporary would fall under the status where the owner primarily resides on the premises and occasionally rents out his /her home for brief periods of time. This type of license does not have to be considered punitive, rather it could be viewed as a tax break, for residents contributing to Niagara Falls' tourism. Permanent would apply to operators who run one or more tourist rental property as a commercial business, and live in a separate private residence; namely said tourist rental properties remain vacant during the off -peak season. Preference will be given to applicants who live in close proximity (5 block radius ?) to proposed properties. Owners of permanently licensed tourist homes who are not living in close proximity to the rental property (i.e not living in the same city), as well as paying higher administration fees will also be required to (4/23/2012) Dean Iorfida - 2012 Tourist Home Policy Page 2 have a representative managing the rental with 24/7 immediate contact availability. Problems arising from noise and over - occupancy need to be dealt with impartially; preferably by a third party /authority as opposed to residents unwillingly becoming early morning chaperones and mediators. *Property insurance rates for "unsupervised tourist homes" would differ from a regular residential policy in order to cover the costs of repair from potential damage to neighbouring properties created by guests. *Exterior setbacks from property edges should be greater than current residential lengths and widths, similar to tourist commercial, to allow for greater privacy, with no "grandfathering" privileges for existing structures who do not meet setback criteria. A recalculation of the Minimum Distance Separation Formula is required to accommodate both the tourists and resident's lawful enjoyment of their properties. *If a rezoning application is a result of a complaint, a longer probationary period is required before zoning amendments become set in stone. *That the ancillary usage of the residential zoning of a (permanent) (unsupervised) tourist home be amended to reflect its status as a tourist commercial income property. I value your receptiveness to my feedback, I would be most appreciative if I could obtain a copy of your report once it is complete. Sincerely and with regards, Veronica (, Ai Planning Scanned File <<L'lV: / I >>> On 4/4/2012 at 3:03 PM, in message < 4F7C62A8 .FEFD.00D6.1 @niagarafalls.ca >, Alex Herlovitch wrote: Janice Thank you for your submission; it will be added to the Council package. Alex Alex Herlovitch, MCIP, RPP Director Planning, Building & Development City of Niagara Falls 4310 Queen Street, P O. Box 1023 Niagara Falls, ON L22 6X5 (905) 356 -7521 ext 4231 Fax 905 -356 -2354 hedovitch(c5niagarafalls.ca >>> Janice Wing <janice_wing @cogeco.ca> 4/4/2012 2:39 PM >>> Alex: No one is playing any games of he said, she said" as per your accusation. I would advise you to simply not make claims which you don't intend to stand behind. Mr. Bolibruck was apprehended, by myself and my neighbours, making a blatantly false accusation about me at the recent Open House. He was later caught, at the same Open House, in a open, bold -faced lie. Now your rapid about -face on a statement you made to me in writing is followed by a ridiculous accusation. I am strongly disappointed with the conduct of Planning Department staff which I am seeing with regard to this matter. I had previously held you gentleman in much higher regard than I feel forced to at present. And to the contrary: I HAVE NOT instructed you to do anything which might place me in contravention of The Municipal Conflict of Interest Act. 1 have only requested that these communications, including the present one, become part of the file for the Ontario Municipal Board -- as per the instructions provided, under your signature, in a recent Notice: "If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Niagara Falls before the by -law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board." The Municipal Conflict of Interest Act apparently prohibits me from making oral submissions at the Public Meeting. This leaves me with only the ability to "make written submissions to the City before the by -law is passed" in order to preserve my right of appeal to the Ontario Municipal Board. I am trying very hard to get you to understand that the present communications are part of my "written submissions to the City before the by -law is passed" (NOT to the Council, but to the City, as per the notice you signed) which are necessary to the preservation of my rights, as a landowner in this municipality, of appeal to the OMB. janice On Apr 4, 2012, at 8:45 AM, Alex Herlovitch wrote: Janice All your e-mails will be placed on the Council Agenda as you have instructed. It is not me who would place you in contravention of the Municipal Conflict of Interest Act. If you feel you have the right to express your opinion, it is not my place to stop you. I refuse to engage you any longer in your game of he said, she said and therefore will not be responding to any of your comments in your 9:05 PM e-mail. As I said before, the Planning Report to Council will address the appropriateness of the application. I am sorry I cannot help you any further. Alex Alex Heriovitch, MCIP, RPP Director Planning, Building & Development City of Niagara Falls 4310 Queen Saeet. P D Box 1023 Niagara Fails, ON L2E 6X5 (005) 336 -7521 ext, 4231 Fax 905 -336 -2354 aherlovitch 3 niagarafails.ca »> Janice Wing <janice wings cogeco.ca> 4/3/2012 9:05 PM »> Misrepresented? Absolutely not. I merely reacted to what you had said: "I have already told you the City is not changing the zoning of any R2 lands, I cannot make it any clearer than that." According to the Notices the City keeps sending: 'The land is currently zoned Residential Single Family and Two Family (R2) in accordance with By -law No. 79- 200." You have told me "the City is not changing the zoning of any R2 lands." What could be clearer than that? Let me repeat the above statements in a revised sequence: The land is currently zoned Residential Single Family and Two Family (R2) in accordance with By -law No. 79- 200." "I have already told you the City is not changing the zoning of any R2 lands, I cannot make it any clearer than that." Hello? What do you expect me to understand? As I indicated earlier, this is GREAT NEWS!! The extensive comments below may be pertinent to my and my neighbours' future actions in this matter. I am asking that you take whatever steps are necessary, without placing me in jeopardy of contravention of The Municipal Conflict oflnterestAct, to ensure these comments become part of the record which will be placed before the OMB should your words be withdrawn and the offer of the residents who have partnered with the City previously on developing the battlefield park to raise the requisite funds for suitably commemorating the path of the U.S. 21st Infantry be rebuffed. Although I cannot attempt to influence Council in this matter, I wish to preserve my right of appeal to the OMB and for this series of emails to form part of the file. Planning issues are indeed addressed as part of this exchange of communications. Do you need me to restate these issues for you? By the way, you need to come up with a better example than the Stamford -Jack Bell Arenas. In that case, the City was the SELLER and was purposely intensifying the uses permitted on the lands in order to be able to market them at a higher value and realize a greater profit. In the present instance, the City is the PURCHASER and yet the City appears to be purposely intensifying the uses permitted on the lands. This is counterintuitive. The City's offer to the District School Board of Niagara is UNCONDITIONAL. What purpose can possibly be served by the present application (AM- 2012 -002)? (And yes, I would like that question answered.) The same decision makers who presumably directed staff to proceed with the questionable rezoning application at issue here are one and the same as the body which deliberately ignored mandatory requirements of the Official Plan and Zoning By -law and a previous decision of the Ontario Municipal Board when it directed staff to withdraw its appeal of a Committee of Adjustment decision which had likewise violated the mandatory requirements of the Official Plan and Zoning By -law and a previous deasion of the Ontario Municipal Board. That is the connection between the testamentary devise matter and this matter: Both involve very questionable land use decision - making by the same body. janice On Apr 3, 2012, at 4:26 PM, Alex Herlovitch wrote: Janice You have totally misrepresented the intent of my response. The application in question is proceeding as scheduled. I do not take this to be an e-mail you are submitting as comments on the application and unless instructed otherwise by you, I will not be forwarding to the City Clerk for inclusion on the April 24/12 Council Agenda. I will not be responding directly to your e-mail since there are no questions which require a response. The planning report to Council will deal with the appropriateness of this application. I anticipate you will send any comments you may have on land use under a separate e-mail. As I said in my previous e-mail, I am sorry I cannot help you further. Alex »> Janice Wing < janice wingPcogeco.ca> 4/3/2012 11:22 AM »> EXCELLENT!! Since "the City is not changing the zoning of any R2 lands" then AM- 2012 -02 (which appeared to be an application to do so) is no longer proceeding. I trust I can hold you to your word, and you will soon be advising that application AM- 2012 -02 has been withdrawn. The neighbourhood is most anxious to be offered the opportunity to partner with the City and conduct fundraising activities to ensure the fitting preservation and commemoration of the path of the U.S. 21st Infantry in the final phase of its advance on the hilltop. The 21st wheeled as it cleared the stand of trees which extended then to the rear yards of residences on the north side of Culp. The 21st passed directly over the Battlefield School building footprint in its charge toward the British guns in the pivotal moment of the battle. (I likely do not need to remind you that it was these same area neighbours who formed the core of the organization which raised about a quarter million ca. 2000 dollars to restore Fralick's Tavern and make other improvements, such as contributing the benches currently placed on the municipally -owned battlefield lands.) I am thrilled that the City has seen the manifold errors in the above -noted application and is now prepared to engage in the "community stakeholder collaboration" as per the ten principles of the Region's Smart Growth initiative as outlined in the CI P. As you and I already know, the Lundy's Lane Battlefield has (as noted in the Lundy's Lane Battlefield Master Plan) a long history of citizen -led commemoration. It is thrilling that the commemoration of the U.S. charge so pivotal to the struggle that night is getting underway as the 200th anniversary of the battle approaches. I am certain we can raise the monies to raze the school building by the 200th anniversary of the battle date. The viewscape from the hilltop will be so incredibly improved! And this opens up the interpretive opportunities so much better too. The grove of mature trees at the front of the school building will now be visible and can serve as a visual aid in interpreting the daring of the 21st's charge uphill at the British guns! To address the rest of your reply: I'm not ready for a zoning amendment on any of my properties yet. That will come later in accordance with the CIP: The Battlefield Public School and adjacent residential properties on Barker Street have been included in recognition of the potential long term role that these properties could play in connecting the Battlefield Precinct to Main Street and the Cultural Market Precinct. (p.34) Since I am more familiar with the CIP than City staff, I will note for your convenience that the CIP also speaks to the Regional Policy Plan objectives and notes that "four are of particular relevance to this CIP." One of these four is 'To improve regional self - reliance through long -range economic development planning and economic diversification [including] the creation of tourism development opportunities." It is for this reason that, under Section E. MUNICIPAL LEADERSHIP STRATEGY of the TARGETED IMPROVEMENTS, the following appears: 12. Market Historic Drummondville as a viable bed and breakfast district. I have seized upon this directive, and have been relying on the City's intention to pursue this specific Regional Policy Plan objective, and generally follow the CIP, in my investment and business planning decisions. My residential neighbours whom have been significantly investing in their properties have been doing the same. I was merely questioning the City's apparent disinterest in pursuing an opportunity to bring a property specifically targeted in the CIP into better conformity with its zoning by -law when a golden opportunity (the impending public ownership of land which could be conveyed for fair market value to the property in question) presents itself. I have to tell you how delighted I am at this opportunity for the neighbourhood to once again to partner with the City and fundraise toward achieving Historic Drummondville CIP objectives such as: - making land use ... decisions to assist in the revitalization of Historic Drummondville - promoting revitalized and renewed downtowns - fostering attractive neighbourhoods with a high quality of design [The squat 1970 school building has never blended with the character of the surrounding neighbourhood. I have been kind in referring to it merely as "ugly;" yesterday someone else referred to it on Facebook as "hideous. "] - respecting historical buildings and areas [This definitely would not have been accomplished by further undermining the character, identity and strength of this established residential neighbourhood by imposing upon it an even greater imbalance in housing mix than already exists.] - promote well- designed infill, intensification and redevelopment that will effectively strengthen the existing community fabric [It is a relief to know that my newer single detached neighbours will continue now their planned investments in improving their properties, and I will not be prematurely losing some long -time neighbours who have played a vital role in preserving and strengthening the community fabric of our street.] - protect the character and identity of the overall neighbourhood [There is still too much density on this particular block of Barker, and problems arising from it, but with no further imbalance between single detached and multifamily now being proposed, at least the character and identity of the neighbourhood will not be further eroded.] - protect and strengthen surrounding established residential areas [With no further imbalance between single detached and multifamily now being proposed, at least what we have managed to retain of the former character and strength of this established residential neighbourhood will not be further eroded.] In order to assist you further I will also direct you to p. 41 of the CIP: 6.1.3 BATTLEFIELD PRECINCT "The Vision for Historic Drummondville identifies the Battlefield Precinct as being a high profile, interpretive tourist attraction that is connected to and reinforces the revitalization of Main Street. It is intended that the site of the Battle of Lundys Lane be celebrated in a manner that recognizes the national and international significance of this site, while tying it to the historic core of Drummondville. This will allow for the development of tourist activities based on the heritage aspects of the community that will also support the retail renaissance of the area. The long -term preservation of the Drummond Hill Cemetery, the Battle Ground Hotel Museum, and the adjacent school yard is critical in building a cohesive precinct, while providing pedestrian connections between the historic Lundys Lane Battlefield site and Main Street." "In order to properly protect and conserve the key heritage features, and to provide for the development linkages and interpretive facilities, key sites need to be redesignated and rezoned to ensure their long -term availability for reuse." [Please recall the importance of the land under the current school building to successfully interpreting the pivotal moments of the battle.] "The proposed land use designation and zoning changes will provide a land use regime on the lands in proximity to the Battlefield site that will ensure the long -term protection of these lands from inappropriate development and will provide for the future development of the precinct as a historic cultural destination." [Please note the importance of the land under the current school building to successfully interpreting the pivotal moments of the battle and successfully achieving development as a historic cultural destination. The US 5th Infantry, the modern day successor to the 5th and five other War of 1812 units, still uses Col. Miller's famous utterance at the Battle of Lundy's Lane - "I'II try, Sir" - as its Regimental motto.] In order to assist in achieving the CIP Vision and the City's goal of developing its Lundy's Lane Battlefield lands as a s historic cultural destination, the CIP provides this guidance: B. LAND USE 5. Redesignate lands associated with the Battle Ground Hotel Museum, Coronation Park, Drummond Hill Cemetery, Drummond Hill Trail, Municipal Parking Lot 14, and Battlefield Public School to Open Space. 6. Rezone lands associated with the Battle Ground Hotel Museum, Coronation Park, Municipal Parking Lot 14, and Battlefield Public School to Open Space Zone (OS). As happy as I am to hear that "the City is not changing the zoning of any R2 lands" some of these R2 lands are intended to become Open Space. I would encourage the City to follow the CIP and change their Official Plan designation and zoning designation to the intended Open Space designation. I will also note that the CIP identifies: One of the most critical needs identified during the public consultation process was the need for the City to provide proactive leadership and support for revitalization of Historic Drummondville . A proactive strategy of municipal leadership has been shown to be a key component of successful revitalization of older commercial areas in other Canadian and U.S. cities. The purpose of the Municipal Leadership Strategy (MLS) is to set the framework for the City to provide support and leadership on revitalization and redevelopment initiatives in Historic Drummondville. The recommended actions in the MLS represent a long-term strategy on the part of the City to focus its efforts and financial resources on public sector investments and actions that are designed to act as catalysts to leverage private sector investment in Historic Drummondville. Following the Battlefield Precinct direction, Targeted Improvements and Land Use recommendations outlined above will indeed continue the "actions that are designed to act as catalysts to leverage private sector investment in Historic Drummondville.. A great deal of private sector investment (both commercial and residential) has already been made. I am delighted to know that the proposal identified by current investors as an impediment is being withdrawn, that the neighbourhood is being given an opportunity to partner with the City and fundraise to ensure private sector investment in Historic Drummondville can be further leveraged and the overall goals of the CIP achieved. To assist you further I will also note the CIP calls for the City, as part of its Municipal Leadership, to: 2. Fund a study to create pedestrian linkages between the Vintners Marketplace and the Battlefield Precinct, and cycling connections from Historic Drummondville to the rest of the City. As per the following - The Battlefield Public School and adjacent residential properties on Barker Street have been included in recognition of the potential long term role that these properties could play in connecting the Battlefield Precinct to Main Street and the Cultural Market Precinct. - the CIP's Figure 7 -6 Open Space Network contemplates a linkage between the central battlefield and the Market and the BME Church on Peer Street, a national historic site and a popular Underground Railroad /Freedom Trail tourism destination. (I will note that there is an intimate connection between the latter and the Lundy's Lane Battlefield: The local BME Church was established as an outgrowth of the celebratory picnic the area's black community held on the battlefield on the first anniversary of the battle. The disparate legislation regarding slavery at the time readily explains why a U.S. withdrawal was such a reason for that community to celebrate. The grove of mature trees in the path of the US 21st's advance is presumably on or very near to the lands upon which the free blacks held their 1815 picnic, and could provide wonderful shade and ambiance for picnic facilities for future Underground Railroad /Freedom Trail visitors to recreate and re- experience that founding celebration.) In closing I will alos note the following from the CIP: p. 51: 7.2.5 PUBLIC SPACE, NODES AND LINKAGES Historic Drummondville should be strengthened by improving the quality and accessibility of its parks and open space network. These open spaces link the neighbourhood together while enhancing the public realm and providing for pedestrian and bicycle access from other neighbourhoods and areas One of the most critical needs identified during the public consultation process was the need for the City to provide proactive leadership and support for revitalization of Historic Drummondville . A proactive strategy of municipal leadership has been shown to be a key component of successful revitalization of older commercial areas in other Canadian and U.S. cities. The proactive strategy of partnering with the neighbourhood, which already has a proven track record of successful fundraising for battlefield commemoration initiatives, fits admirably with the Identified need for the City to engage in such leadership and support. The quality and accessibility of the park and open space network identified as being so critical for revitalization of the Historic Drummondville area can be no better Improved than by returning the lands passed over by the 21st Infantry in its dramatic pivotal charge to green space to: - improve the viability of the City's battlefield holdings as a "high profile, interpretive tourist attraction that is connected to and reinforces the viability of Main Street" and a "historical cultural destination "; - meet an identified need by building "pedestrian connections between the historic Lundy's Lane Battlefield site and Main Street "; - allow the site of the 21st's advance to "be celebrated in a manner that recognizes the national and international significance" of the land on which the current school building is sited; - open this wide green space to Barker Street, thereby proving a wide inviting pedestrian linkage to this parkland /central battlefield open space and "tying it to the historic core of Drummondville "; - encourage, by providing a shaded picnic area with a clear view of the hilltop, "development of tourist activities based on the heritage aspects of the community that will also support the retail renaissance of the area (especially given the association of the site with the establishment of the BME Church and the opportunities this presents to further engage the busloads of visitors to that national historic site) We look forward to partnering with the City and fundraising to make this all so. As mentioned previously, this battlefield has a long history of citizen -led commemoration. Here we go again 1? janice On Apr 3, 2012, at 8:52 AM, Alex Herlovitch wrote: Janice I apologize that I must be pretty dense because I don't have a clue what your issue is. Perhaps if you asked the question directly I would be able to respond. I have already told you the City is not changing the zoning of any R2 lands, I cannot make it any clearer than that. If your concern is that one of your properties adjacent to the school has insufficient side yard(s), area or frontage these are considered legal non - conforming provisions and allowed to continue because they existed before the by -law provisions were created. Legal being the operative word; accordingly, there is no need for the City to change the zoning on your property. I don't know what deficiencies you feel may impede business development in accordance with the CIP. Again I would ask you to be specific. I fail to see how a report to Council recommending an appeal of a Committee of Adjustment decision has anything to do with this application. The testamentary devise Tots were created after the zoning regulations were in place and while non - conforming to zoning standards they don't enjoy the benefit of the term "legal ". Staff made provided a recommendation and Council made a decision. So when you ask is the City interested in heeding its planning documents, I guess you better ask your fellow Council members. If you are dismayed "with the state of land use decision - making in the City of Niagara Falls" then you had better take that up with your fellow Council members. I am sorry that I cannot help you any further. I will again ask David to send a PDF of the completed application form. I apologize that he mis- understood my request to provide this to you. Alex »> Janice Wing <janice wing(cogeco.ca> 4/2/2012 8:43 PM »> whether or not the City is doing anything to the R2 zone which apply to lands next to the former school site." My question was whether the City was going to champion its own zoning standards by pursuing the opportunity to bring other, abutting R2 zoned lands with insufficient side yards into conformity with its own standard regulations. If an opportunity exists for the City to sell the additional lands required to move such properties toward better conformity with ITS OWN zoning by -law conformity, why would the City fail to pursue such an opportunity? I also observed that if the City was not going to avail itself of the present opportunity to address such deficiencies, it could thereby impede business development plans, formulated in accordance with very specific directions in the CIP for the area in which the lands in question are a part. Does the City intend to uphold the provisions of the CIP for this area or doesn't it? I guess the question is whether the City is interested in heeding its own planning documents. Or was that question already answered with regard to PD- 2012 -08? How many judicial reviews is the City of Niagara Falls going to open itself to? I don't intend criticism of you here, Alex; you and I were on the same page with regard to PD- 2012 -08. I am just observing in a general way my dismay with the state of land use decision- making in the City of Niagara Falls. (And I apply that to the present case because the words and actions of the Stamford Kiwanis members at the Open House very much implied that a land use decision has already been made by the City in this matter, irrespective of whether the lands in question have been declared surplus or notice has been provided to the public of the proposed sale.) Janice On Apr 2, 2012, at 11:54 AM, Alex Herlovitch wrote: Janice I am glad we have this all cleared up. The only thing which still appears to be a question to you is whether or not the City is doing anything to the R2 zone which apply to lands next to the former school site - the answer is "a change is not contemplated through this file': I do not believe there is anything outstanding for me until such a time as your letter on land use arrives. I understand Ken Beaman may be away today; since he was only ever cc'd on your e- mails, I hope he realizes that you are expecting a response from him. Alex PS - I will be out of the office April 10 to 20 inclusive. »> Janice Wing <ianice wing@cogeco.ca> 4/2/2012 10:56 AM »> Thanks, Alex. My responses are inserted in red font below. On Apr 2, 2012, at 9:48 AM, Alex Herlovitch wrote: Janice My responses to your April 4 e -mail are inserted in italics (to distinguish from you font) following your questions /statements. Please see below. Alex »> Janice Wing < ianice wins cogeco.ca> 4/1/2012 5:45 PM »> Hi again Alex, I'm still very keen to get the previously requested copy of the application. Sony could not supply these on the weekend, 1 have asked David Deluce (the Planner assigned to this file) to forward a PDF copy to you. You should have it later today. Thank you! Also, further to the info you provided below: Re: Being "not allowed an opportunity to present an offer to buy the Battlefield School" (or any portion thereof) I have no idea why these words are here, they do not connect to the second part of the sentence :I presume from your comments that the City is indicating it has no interest in pursuing opportunities to bring adjacent properties with substandard side yards up to the standards of its own Zoning By -law. Strange. I have no idea what this presumptive statement is about. Are you asking will the school property be a site specific R5A zone to address any zoning requirements (such as side yards) which do not satisfy the standard regulations? If so, the answer is yes. If your question is whether R2 zoned lands which abut the former school site will be rezoned to address insufficient side yards, the answer is: such a change is not contemplated through this file. The words "not allowed an opportunity to present an offer to buy the Battlefield School" are there because I was citing your own words: "Your first question is on Page 1, Paragraph 4. You ask why you were not allowed an opportunity to present an offer to buy the Battlefield School since you are an abutting land owner. Offers to purchase City properties are handled by the City Solicitor's Office. It may be that Ken Beaman can respond to your question ..." My question is indeed about other R2 zoned lands abutting the former school site that have insufficient side yards which do not satisfy the standard regulations. Business development plans, formulated in accordance with very specific directions in the CIP for the area in which the lands in question are a part, may be impeded by the City's intended failure to attempt to address the above -noted deficiencies. Re: Stamford -Jack Bell Arenas rezoning: In that instance, the property (which had no known historical or economic redevelopment importance, unlike in the present case) was rezoned in hopes of attracting a buyer. That does not appear to be the same case in this instance. Why were Stamford Kiwanis representatives out in force at the Open House indicating, by their words and actions, an ownership of the plan attached as Schedule 1 to the Notice of Open House? How are they involved in any kind of ownership capacity when, as far as I can tell, the City has not yet declared any lands at 6015 Barker surplus? As I previously stated, your questions regarding the sale should be directed to the Legal Department, I am not sufficiently in the loop regarding any listing (if any) or possible /future /potential sale or otherwise and any answer by me would be a guess. Again - thank you. I await the Legal Departments responses. I will just further note here the City's interest in economic development in the case you raised, of the Stamford -Jack Bell arenas site; there is economic development at stake in this matter as well, to which the current proposal would provide a significant impediment. I presume from your wording - " ... whether public notice of the proposed sale will be given" - that there has been a recent change of which I am unaware to the City's by -law outlining procedures governing the sale of land, and that public notice of proposed sale is no longer a given. Can I please get a record of this change? Your quote is misleading as you seem to attribute these words to me when in fact 1 was paraphrasing your question. Nothing shou /d be construed from that to suggest that there has been a change in protocol as to how the City disposes of property. As I said then, and repeat now, questions of the sale should be addressed to Legal. The quote from my letter is vague because I don't have a copy of the Policies and Procedures and I am not a keeper of the Policies and Procedures of the Legal Department. Your request for the P &P should go to them. Again - thank you. I await the Legal Department's responses on this as well. I apologize for having attributed your own words to you. It was my understanding that public notice was mandatory, and my reaction to your use of the word "whether" was one of alarm. Alex, I greatly appreciate the assistance which you have given to the best of your ability on this matter. I look forward to receiving the copy of the application from you. If you have any land use questions after receiving the application, please let me know As advised previously, a separate communication addressing planning concerns will be forthcoming, janice On Mar 30, 2012, at 10:07 PM, Alex Herlovitch wrote: Hi Janice I have attached your March 26, 2012 letter to this e-mail response because my answers may not make sense to all of the recipients to whom you sent your March 30 e-mail and it appears to me you meant to involve them. Your March 30 e-mail says your communication ' ' ...was an expression of some of the concerns I have as a property owner in the municipality, and in that capacity alone.' � Planning places all communications from interested residents' on the Council Agenda where the Public Meeting is being held; accordingly, your letter as an interested resident will be included. I would note that it is not me who determines whether or not you have a conflict of interest, but yourself or your fellow Councillors or the public and I have no way of knowing who may raise this as an issue. I re -read your letter and found only 4 direct questions; everything else I read as being statements by you which do not require a response from me. Any comment of a land use planning nature will be addressed in the Planning Staff report to Council on April 24, 2012. Your first question is on Page 1, Paragraph 4. You ask why you were not allowed an opportunity to present an offer to buy the Battlefield School since you are an abutting land owner. Offers to purchase City properties are handled by the City Solicitor's Office. It may be that Ken Beaman can respond to your question. I am not aware of a City policy which requires the municipality to offer lands to abutting owners first; perhaps you are thinking of a previous Municipal Act requirement that the municipali ty offer closed road allowances to abutting owners - this is not a road allowance and even that requirement no longer exists. Your second question is on Page 2, Paragraph 3. You ask why the City is rezoning property to a more intense use. This is being done for the same reason as Council rezoned the Jack Bell - Stamford Arena property before listing it for sale. Your third question is on Page 2, Paragraph 6. My answer to the first part of the question is the same as question 2 above; the second part of your question has to do with whether public notice of the proposed sale will be given. The second part is another question for the Legal Department. Your fourth and final question is on page 3, first paragraph. You ask how the interests of the Kiwanis take precedence over an abutting land owner' s interests. Again this is a question about the sale of the land and not a land use matter. Sorry I cannot help you further than this. Alex Alex Herlovitch, MCIP, RPP Director Planning, Building & Development City of Niagara Falls 4310 Queen Street, P.O Box 1023 Niagara Falls ON L2E 6X5 (905) 356 -7521 ext. 4231 Fax 905- 356 -2354 aherlovitch @niagarafalls ca »> Janice Wing < janice wing @cogeco.ca> 3/30/2012 5:34 PM »> Hi Alex, Thank you for your acknowledgement and response. First of all, I would like to state that I have assiduously avoided any actions which might put me in a a compromised position with regards to The Municipal Conflict of Interest Act. I have gone so far as to delete my social media connections with members of Council (Ie. UnFriended them on Facebook) to avoid any potential problems. You and other staff members with whom I have corresponded on this matter have my permission to share my communications with you on this matter ONLY insofar as they cannot be construed to be an attempt to influence my fellow Members of Council in violation of The Municipal Conflict of Interest Act. My communication to you dated 26 March 2012 was an expression of some of the concerns I have as a property owner in the municipality, and in that capacity alone. I was invited, by the Notice of Application mailed to me as a property owner, to provide comments in writing to you. I am exercising my rights as a property owner and am not agreeing to be a party to any actions which could be construed as an attempt by me to illegally influence Members of Council. Yes, I do wish answers to the questions I have posed, but will darify these questions for you at a later date. In the interim, as a directly abutting property owner with an interest in these lands, I am requesting a copy of the application itself forthwith. Thanks for your assistance in this matter. janice On Mar 27, 2012, at 3:37 PM, Alex Herlovitch wrote: Janice Thank you for submitting your comments. Planning will circulate your comments to the City Clerk (as we do with all written submissions) to be included in the Council Agenda for the night of the Public Meeting. There is nothing in your letter to indicate that you are expecting me to respond directly to you on any of your comments, so unless I hear otherwise from you, any matters of a land use nature in your letter will be addressed in the Planing Staff report. Alex Alex Herlovitch, MCIP, RPP Director Planning, Building & Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 67(5 (905) 356 -7521 ext 4231 Fax 905- 356 -2354 aherlovitchOniagarafalls.ca »> Janice Wing <janice wing(cogeco.ca> 3/26/2012 11:40 AM »> www.niagarafalls.ca The City of Niagara Falls Confidentiality Notice The Information contained in this communication including any attachments may be confdentlal,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you. David Deluce - Re: AM- 2012 -002 - Circulation to Heritage Committee From: Janice Wing <janice_wing @cogeco.ca> To: David Deluce <DDeluce @niagarafalls.ca> Date: 4/20/2012 8:33 PM Subject: Re: AM- 2012 -002 - Circulation to Heritage Committee CC: Alex Herlovitch <aherlovitch @niagarafalls.ca >, John Barnsley <barnsley @niagarafalls.ca >, Bob Bolibruck <bbolibruck @niagarafalls.ca >, Dean Iorfida <diorfida @niagarafalls.ca >, Ken Beaman <kbeaman @niagarafalls.ca >, Ken Mech <kmech @niagarafalls.ca >, Ken Todd <ktodd @niagarafalls.ca >, Peggy Boyle <pboyle@niagarafalls.ca> Page 1 of 4 Manning Scanner/ =n -fl: !' Hi David, Your review wasn't very thorough: 1) 14.2.13 A heritage impact study where development is proposed on or adjacent to lands, structures or buildings listed on the Citys Register of Heritage Properties. The property (ie.lands and buildings) at 5993 Barker is listed on the Citys Register of Heritage Properties. That property abuts 6015 Barker Street on the entirety of its northern boundary, and part of its western boundary. Adjacent: Having a common endpoint or border; Next to or adjoining something else; Having a common vertex and a common side; Contiguous, adjoining or abutting ... I don't know how to make it any plainer that this is a case where development is proposed on or adjacent to lands, structures or buildings listed on the Citys Register of Heritage Properties. 5993 Barker is listed on the Citys Register of Heritage Properties. 5993 Barker is also, by virtue of its northern and western bounds (ie. the parts viewed from the hilltop) adjacent to 6015 Barker. Oh well, maybe the OMB has brighter bulbs than City 1 fall. 2) Your answer isn't either, I'm sorry to admit. You've ignored 95% of my email. Let's try again ... Cultural Heritage Landscape - a defined geographical area, often modified by human activities, that are valued for their important contribution to our understanding of the history of a place, an event, or a people. The geographical area may have been specifically designed or may have evolved over time and may be continuing to evolve. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together for a significant type of heritage form, distinctive from that of its constituent elements or part such as gardens, main streets, neighbourhoods or trails. file: / /C: \Documents and Settings \dd296 \Local Settings \Temp \XPGrpWise \4F91C82BDom... 4/23/2012 (4/20/2012) Dean lorfida - Fwd: funding application Page 1 From: To: CC: Date: Subject: Attachments: Janice Wing <janice_wing @cogeco.ca> Dean lorfida <diorfida @niagarafalls.ca> Bill Colclough <colclough @cogeco.ca> 4/20/2012 9:38 AM Fwd: funding application Path of the 21st Project.pdf I am sending this, FOR THE THIRD TIME, to the AM- 2012 -002 Applicant. As the forwarded messages below illustrate: 1) The Path of the 21st initial project proposal was originally sent to the Federal Secretariat, Bicentennial of the War of 1812 at 11:02:43 AM on April 12, 21012. 2) The Applicant's Director of Planning and Development, Alex Herlovitch, and the Applicant's CAO, Ken Todd, were forwarded a copy of the message at 11:05:59 AM on April 12, 2012. The Path of the 21st Project initial funding proposal submission was mentioned at the April 12, 2012 Open House held by the Applicant. The Applicant's representative, David Deluce, requested that a copy be forwarded directly to him. Evidence of that having been done that same evening can be provided upon request. The document has been in the Applicant's hands for some time. Mr. Deluce had made his request in the context of a AM- 2012 -002 Open House. The subject matter pertained to AM- 2012 -002. The document was, in fact, a response to the expectation, summarized by Barker Street resident Bert Watters at the conclusion of the March 21, 2012 Open House held by the Applicant, that the alternate options (alluded to in comments made by by the Applicant) would be presented at the next Open House. I therefore reasonably assumed that the Path of the 21st initial funding proposal document was being formally added to the AM- 2012 -002 file. I therefore did not elaborate on the work and progress that has been made to date in my later AM- 2012 -002 submissions to the City of Niagara Falls (the Applicant). You can imagine my surprise that the document already submitted in two separate mailings to the Applicant (especially when receipt thereof was acknowledged by the Applicant after I repeatedly pressed for it): 1) Has not been included in the formal AM- 2012 -002 agenda materials; 2) Has not been mentioned in the Planning staff report . Not only has the document been ignored, the work that has been done and progress that has been made was dismissed (under Neighbourhood Open House in the Planning staff report) as "Two residents suggested that, given enough time, they would be able to raise the necessary funds to purchase the school, demolish it and create a park." By way of update to your acknowledgement of receipt of the initial funding proposal, I will note that I am: 1) Working with a federal 1812 Commemoration Fund Program Consultant; 2) Compiling a formal Department of Canadian Heritage 1812 Commemoration Fund funding application; (4/20/2012) Dean lorfida - Fwd: funding application Page 2 3) Currently awaiting estimates for budget purposes from representatives of an local insurance broker and a local demolition company - both well -known in the community - which those representatives have agreed to provide. I am copying the other of the two residents" (both of whom have major project management experience) so that he can have this available to refer to if required in his update to the MP's office later today. I am still expecting, and now formally requesting, that this will become part of the formal public record pertaining to AM- 2012 -002 and will therefore become part of the written submissions to be later considered at the Ontario Municipal Board hearing. janice Begin forwarded message: > From Janice Wing <janice_wing @cogeco.ca> > Date: April 12, 2012 11:05:59 AM EDT > To Alex Herlovitch <aherlovitch @niagarafalls.ca >, Ken Todd <KTodd @niagarafalls.ca> > Subject: Fwd: funding application > http: // 1812. gc. ca/ eng/1314811712697/1314980859986 > Begin forwarded message: » From Janice Wing <janice_wing @cogeco.ca> » Date: April 12, 2012 11:02:43 AM EDT » To info @1812.gc.ca » Cc: Nichor @parl.gc.ca, Nichor1 ©parl.gc.ca > Subject: funding application THE PATH OF THE 21ST PROJECT PROJECT BACKGROUND ROSS ream Stamford Coll Drummond Road Lundy s Lane Unaed Church Pulh Retd tuna', Ttt Ucranatlol Park Elementary Schad The aerial photo and maneuvers are courtesy of Ron Williamson, Archaeological Services Inc. Black lines lead out to labels showing the street network, area landmarks (churches, schools) and park properties. The red depicts British - Canadian lines and maneuvers; the blue American lines and maneuvers. The yellow areas are the municipally owned parcels. Two parallel dashed blue lines at the lower right -hand corner depict the path of the U.S. 21st Infantry's advance on the hilltop. Detail of the Path of the 21st below: The black line leading down from the top right -hand corner is pointing to the Battlefield School building (its black rectangular roof running west -east is readily visible between the dashed blue lines). For the past 135 years public schools have stood on the path the 21St trod as they advanced toward the hilltop on which the British had set up their guns. As they passed the stand of trees to the south of the slope, the 21st wheeled and advanced straight uphill at the guns. In then centre of the path of that charge sits the second (circa 1970) school building. The school was closed last year; the building is now surplus and on the market. The City of Niagara Falls has made an offer on the property but presently lacks sufficient funds to retain the parcel in its entirety. The property has historically been maintained as public lands and should continue to be thus maintained, in its entirety. The City is proposing to sell off the school building - the path of the 21st - for conversion into 30 apartments. Many strongly oppose this proposal. They recognize it is neither a fitting nor a respectful use for one of the most important parts of the Lundy's Lane Battlefield. PROJECT PURPOSE AND AIMS A citizens' group is coming together with the aim of raising the funds required to: i) PROVIDE the City with the resources to purchase and retain this key parcel IN ITS ENTIRETY; ii) RAZE the school building and return its footprint to green space — as the land was at the time of the battle, when the 21st passed over it as the neared the hill; iii) ENSURE that the Path of the 21st is conserved as a monument to the 21st U.S. Infantry and other U.S. troops engaged at the Battle of Lundy's Lane; and iv) COMMEMORATE also the historical ties between this site and the other National Historic Site a few minutes' (quarter- kilometre) walk away: The Nathaniel Dett Chapel (originally the British Methodist Episcopal Church) at 5674 Peer Street, a popular stop on the Underground Railroad / Freedom Trail route. REASONS FOR THE PROJECT MONUMENT TO OUR FRIENDSHIP WITH THE FORMER FOE The modern school building sits squarely in the centre of the path of the U.S. 21st Infantry's advance, occupying the entirety of the 21st's line after it wheeled upon passing a stand of trees. It was the 21st, under the leadership of Col. James Miller (who earned the title that evening - "The Hero of Lundy's Lane ") that stormed the heights and took the British guns at the pivotal moment of the Battle of Lundy's Lane. The Regimental Motto - "I'll try, Sir" - still used by the 21st's successor unit (the U.S. Fifth Infantry) today was born that night in Miller's words at this battle. Three years after the Battle of Lundy's Lane, the men and honors of the 21st Infantry were absorbed by the U.S. Fifth Infantry. James Miller assumed command of the regiment. His response at Lundy's Lane - "I'll try, sir" - became the regimental motto. In the 20th century, the Fifth's exploits included firefights with the Nazi SS and liberating a concentration camp in WWII; trench warfare in Korea; earning the unit its third Presidential Unit Citation (a prestigious award for such Extraordinary Heroism in accomplishing a mission under extremely difficult and hazardous conditions so as to set it apart from and above other units participating in the same campaign) during its extensive fighting in Vietnam; a Meritorious Unit Commendation for its exemplary service in Afghanistan; and a Valorous Unit Award in Iraq. The Fifth is now the third oldest active infantry regiment in the United States, fiercely proud of its long and valiant service tradition. Now, as our respective nations prepare to celebrate the 200 years of peace (along the world's longest undefended border) which we have enjoyed since that war, an opportunity has come about to duly honour the intrepid exploits of the 21St that fateful night. The remarkable accomplishment of the 21st, which took the British guns in the pivotal moment of the battle, is to be recognized and celebrated. The Purpose and Aims described above seeks to rectify a significant shortcoming in the present situation. The land over which the 21St trod as they advanced on the British guns that were dominating the battlefield will be conserved as a monument - "a lasting evidence, reminder or example of someone or something notable or great." What better tribute, to the friendship that has grown up in the 200 years since, can be made by Canadians than to restore the path to glory taken by their former foes? FOSTERING AWARENESS AND UNDERSTANDING AMONG CANADIANS The Project will be undertaken at a time when Americans and Canadians will be jointly reflecting on this conflict in their past and the consequences of its outcome. Memorializing the 21St's accomplishments at Lundy's Lane together will underscore the message: The Peace Which Has Endured. It presents an opportunity for Canadians to personally take part, by supporting the various fundraising activities, in building a lasting legacy of the Bicentennial observations. The citizens' group is proposing, among other initiatives, a brick sale, in which bricks from the school building will be sold to businesses, schools, community groups and individuals. The bricks will be accompanied by documentation bearing serial numbers and a message commemorating the Peace Which Has Endured. The Project will foster greater awareness and understanding among Canadians of the importance of the War of 1812 in our history. The message that Canada would not exist if the American invasion of 1812 -14 had been successful cannot be more poignantly told than here: After two long years of misery, families' food stores stolen, women and children turned out of their burning homes in the dead of winter ... the fiercest clash came here, on the slopes of Drummond Hill, in the night time battle at Lundy's Lane. In one of the most hard - fought military actions in North American history, 5,000 American, British and Canadian soldiers struggled desperately in a close - range battle that raged on into the dark. By morning more than a third had become casualties. Historian Ernest Green, writing in 1911, described the aftermath thus: What a scene that must have been when the hot, dry morning of July 26th, 1814 broke, and the sun's red glare revealed in detail the effect of the night's dreadful work ! The soft turf torn and ploughed by shot and shell, wheel and hoof ; the fair young orchards broken and wasted by the iron hail that had lashed them for hours ; those great oaks which still line the Lane, west of the Church, scarred and stripped, fences leveled, buildings pierced and shattered, - and everywhere the reek of blood and the convulsed, rigid figures of those who had fought their last fight. Dead men, dead horses, broken wagons, arms and accoutrements littered all the slopes of the hill and from among this wreckage of war gaunt specters of men, caked with blood and dust, grimed with smoke and clad in rags, staggered, groaning, toward the still greater horrors of the field hospital ...The dead lay in piles where the guns had stood and in rows where the point -blank volleys had smitten the ranks. Lundy's Lane was the bloodiest battle of the War of 1812 and the bloodiest fought on what is now Canadian soil. It was the high mark of the 1814 Niagara campaign, which was the longest campaign of the war and the last time that Canada suffered a major foreign invasion. We are, in that, among the most fortunate nations in the world. Many native - born Canadians have little concept or appreciation of what this means. Lundy's Lane is where the last invasion, 200 years ago, was stopped. The site is presently constrained by the encroachment of the massive modern school building into the heart of the battlefield. The Project will allow visitors to "see the full sweep of the topography and to visualize the battle that had raged over it" (Lundy's Lane Battlefield Master Plan). The Project will permit Canadians to "rediscover the heritage values of this site and give them the prominence they deserve" (Lundy's Lane Battlefield Master Plan). It will permit Canadians to understand its significance and national importance, and "to do justice to this special place" (Lundy's Lane Battlefield Master Plan). CONSERVING IMPORTANT HERITAGE RESOURCES OF THE SITE FOR PUBLIC USE AS AN EXHIBIT The battlefield is an exhibit. The Path of the 21st in the pivotal minutes of the battle is a key part of that exhibit. The Path of the 21St is essential to learning and interpretation at the site: Highlighting the actions of this unit is key to understanding the ferocious fight that took place here. The view from the top of the hill to the path of the U.S. advance is significantly compromised by the intrusion of the massive modern school building, sprawling and two- storied, in an architectural style described recently as "hideous." The school building is a dominant feature in the landscape. It totally impedes the southeastward view from the British position on the hill toward the 21st's formations and path of advance. Keeping the building, converted into 30 tiny apartments as proposed, when the opportunity is ripe to remove it and open up that view, seems almost blasphemous. An appreciation of the US advance and the valour of those troops simply cannot be obtained with the building interfering with the view. SUPPORTING LEARNING, INTERPRETIVE PROGRAMMING AND TOURS, AND HISTORICAL RE— ENACTMENTS The Project will support learning and interpretation at the site. It will permit the path of advance of the "Hero of Lundy's Lane" and his troops to be seen. The Project will support the telling of the story of what took place and bolster visitors' understanding. Opening up the view will allow the tour guides and interpretive plaques to do their work. A lasting legacy of the Bicentennial will be created and will endure as key land is fittingly restored and a memorial to the brave American troops created there. Ensuring The Path of the 21St is returned to green space within the next two years is also VITAL for a historically accurate re- enactment of central battlefield troop movements to occur in July 2014. The key American troop formations and movements will be impossible to recreate while the school building is in the way. ECONOMIC BENEFITS Commemorating the Path of the 21St and creating a memorial thereon to the American troops will be important, economically, to the local community. Tourism is its backbone. Visitation and employment have tanked in recent years due to the "perfect storm ": The ravages of the SARS health crisis, the mad cow disease scare, skyrocketing gasoline costs, currencies at par, the recession, and passport requirements. American tourists have traditionally been the biggest spenders in Niagara. Projects are needed which promise to increase U.S. visitation rates and the length of visitor stay. An observer has advised: "American tourists are great boosters of Battlefield sites and bring millions of dollars every year to the communities in which they are located ... The American tourists would be particularly interested in seeing the path through which their 21st Infantry came to storm the hill and seize the British guns." STRENGTHENING THE CANADIAN IDENTITY As Canadians and Americans come together to tour; to learn; to watch and participate in re- enactments; and the attend commemorative services together, an awareness of our differences will be deepened, while an appreciation of our friendship and of the Peace Which Has Endured will be strengthened. Canadians define themselves by what they are not - as being "Not American." We share the world's longest undefended border and we share a common culture. The Project will provide an incentive for Americans to visit the battle site. Canadians visiting alongside them will gain a further understanding of what they are not, thereby strengthening their Canadian identity. Finally - as mentioned earlier, the Nathaniel Dett Chapel (BME Church) nearby on Peer Street is also a National Historic Site and a popular Underground Railroad / Freedom Trail tourism stop. The church's establishment was an outcome of the picnic the local Black community held on the Lundy's Lane battlefield on the first anniversary of the battle. There was a large Black community in Niagara by 1812. Niagara was a significant settling point for many whom had escaped slavery in the U.S. Many fought for Britain in the War of 1812. Lieutenant - Governor John Graves Simcoe's 1793 Anti - Slavery Act, described by a local public museum as "A Mortal Wound to Slavery," had substantially altered the climate vis -a -vis the U.S. for people of colour: An act to prevent the further introduction of slaves and to limit the terms of contracts for servitude with the province (passed 9 July 1793 — Chapter V11 33rd George iii A.D. 1793 Second Session). Slavery and Freedom 1. No more slaves may be brought into Upper Canada 2. Slaves already in Upper Canada will remain slaves 3. The children of slaves will be freed upon reaching 25 years of age — accurate records will be kept regarding the birth date of such children 4. Children born to the children of slaves are free The Black community had significant reason to celebrate the American withdrawal from the battle scene. This withdrawal was subsequently recognized as the end point of the 1812 -14 Invasion. The Nathaniel Dett Chapel (BME Church) is strongly connected to Black history in Niagara Falls and the surrounding area. The Freedom Trail website - http: / /www.freedomtrail.ca /niagara_falls /bme.html - describes its connection with the Lundy's Lane Battlefield thus: The history of the British Methodist Episcopal Church in Niagara Falls, Canada dates back to 1814. The church was originally a Methodist Mission where members of Niagara Falls' Black community gathered together to worship. The first meeting of the Mission's congregation took place on the former battle grounds of Lundy's Lane, a sign of the communities commitment to their newly adopted homeland. A grove of mature trees - firs, chestnut, etc - has stood for many decades immediately adjacent to where the south wall of the modern school was built. The Project proposes that this ambient shady spot become a celebration place for Underground Railroad / Freedom Trail visitors. Amenities will be provided to allow visitors to picnic on the battlefield, just as the Black community did in 1815. With the school building removed, the spot will command a fine view - from the U.S. perspective - of the heights on which the British guns were placed. This will provide another commemorative and learning opportunity, fostering greater awareness and understanding of the importance of the War of 1812 in our history among Canadians and Americans alike. The Project will provide enormous benefits; myriad benefits; benefits which - like The Peace between us - will endure. PROJECT PROPONENTS A citizens' group is forming and partnerships will be actively sought in the near future. The interim Project Lead is Janice Wing: • 14 year+ current service as Municipal Councillor • Founder of, and last bona fide duly elected President of, The Friends of the Lundy's Lane Battlefield (a public foundation that became defunct following her Sept. 2001 resignation upon completion of the Canada Millennium Partnership Project) • Project Lead on the Canada Millennium Partnership Program project through which Fralick's Tavern (now operating as the Battle Ground Hotel Museum), important to 19th century battlefield visitation, was restored • Principle, Battlefield Enterprises, a private sector licensed consulting business offering pro bono services to the Project Correspondence and inquiries regarding the Project may be directed to: The Path of the 21St Project c/o Janice Wing 5993 Barker Street Niagara Falls, ON L2G 1Y5 (905) 371 -0434 janice_wing@cogeco.ca (4/20/2012) Dean lorfida - Fwd: AM -2012- 002 Page 1 From: Janice Wing <janice_wing @cogeco.ca> To: Dean lorfida <diorfida @niagarafalls.ca> Date: 4/20/2012 10:54 AM Subject: Fwd: AM -2012- 002 Begin forwarded message: > From Janice Wing <janice_wing @cogeco.ca> > Date: April 14, 2012 6:49:20 PM EDT > To Alex Herlovitch <aherlovitch @niagarafalls.ca> > Cc: Karl Dren <kdren @niagarafalls.ca >, Bob Bolibruck <bbolibruck @niagarafalls.ca >, David Deluce <ddeluce @niagarafalls.ca >, Bill Colclough <colclough @cogeco.ca> > Subject: Re: AM -2012- 002 > How does a blocked road have carrying capacity? There was not enough room for my vehicle to pass between the other two (the one parked illegally and the one parked legally). > There are frequently (because of the high degree of insufficient parking being provided at the five apartment buildings and numerous former single detached houses now converted to multifamily homes) instances when a legally parked and an illegally parked vehicle, on opposite sides of the street, impede traffic flow on this block. That is why cars frequently stack up mid -block waiting for a chance to get through. > Since it was 10:30 pm, and not a busier time, a line of vehicles waiting to get past did not stack up behind me as would have occurred at other hours. However, the road was not passible. > If I had attempted to squeeze through I would have scraped the side of at least one of the vehicles. I would have most likely have scraped both, causing damage to both my own and the other vehicle(s). > The gap was so narrow that there is a good chance my vehicle would have become wedged between the other two. How is this considered to be sufficient carrying capacity? > Janice > On Apr 14, 2012, at 4:34 PM, Alex Herlovitch wrote: > Janice » I am not sure an ambulance needs to park "legally" when responding to a call. If it were my family member I would hate to have a delay while the emergency team looked for a proper place to stop. I am sure Karl can speak more specifically. What is not clear from your message is whether or not this is an official complaint and request to have the street posted as no parking. Of course you know the procedure with resident survey and all, if in fact that is your request. » To be clear, Barker Street is classified as a collector road. A stopped ambulance is an inconvenience but the road still had carrying capacity especially at 10:30 pm. » I don't see this as anything particular to the referenced application, but will pass your e-mail on to Bob and David for consideration since I am out of the office another week. » Alex » Original Message » From Janice Wing <janice_wing @cogeco.ca> » To Alex Herlovitch <aherlovitch @niagarafalls.ca> » To Karl Dren <kdren @niagarafalls.ca> (4/20/2012) Dean lorfida - Fwd: AM -2012- 002 Page 2 Sent: 4/13/2012 11:42:27 PM Subject: AM -2012- 002 Hi Karl and Alex, » This evening at 10:30 pm, I was westbound on Barker Street between Main and Drummond. There was an ambulance parked on the street in front of the apartment building at 6136 Barker. » It was parked in a prohibited parking zone. It's number is either 2122 (left rear door) or 4022 (right rear, just above bumper). » Ambulances attend there and the attached apartment building next door at 6146 Barker frequently. They NEVER use the parking lot or the single driveway which serves both buildings, but always park illegally, blocking traffic, instead. » This evening, there was a car legally parked on the opposite (north) side of the street. There was not enough room between the two vehicles for me to pass. If I had tried I would have scraped the sides of either one or both vehicles with my own. » The ambulance had to move to let me past. I am presenting this complaint for two reasons: » 1) To confirm what my neighbours have been saying (with regards to the rezoning application for 6015 Barker) about the unsafe and unbearable traffic conditions we are already experiencing on Barker (I remember the time the driver of a large vehicle almost hit my husband's vehicle in winter conditions - a situation he noted at the Open House last night); and » 2) To request that a) the two apartment buildings at 6136 -6146 Barker, b) the other three apartment buildings on this same block, and c) the many former single detached houses which have been converted both legally and illegally to multifamily residences, which fail to provide adequate parking for their tenants and visitors be forced to do so. » This street is impassible, due to conditions such as I described above, far too often. Is this acceptable? » Janice » The City of Niagara Falls Confidentiality Notice » The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and perman » ently delete the original and any copy from your computer system. » Thank you. (4/20/2012) Dean lorfida - Re: IMG- 20120419- 00475.jpg From: To: CC: Date: Subject: Attachments: Janice Wing <janice_wing @cogeco.ca> John Castrilli <jastrilli @niagarafalls.ca >, Dean lorfida <diorfida @niag... David Deluce <DDeluce @niagarafalls.ca >, Alex Herlovitch <aherlovitch @nia... 4/20/2012 10:16 AM Re: IMG- 20120419- 00475.jpg 000_0001.jpeg The work is continuing again this morning (see photo immediately below, taken a few minutes ago). I want this added to the AM- 2012 -002 file. The reason I am requesting this be added to the AM- 2012 -002 file (as it being added to my own) is this is further evidence of the over - intensification that the City has permitted on this particular street segment. Complaints about projects such as this have been flowing into City Hall for years, and the response has been next to nil. Dismissive reactions like "everyone is getting creative in this economy" when a report of a third storey being added in the guise of a mere roof truss replacement is being added is what has permitted this to happen. This is an example of the ongoing over - intensification that I described as having happened on this particular street segment in my planning objections to AM- 2012 -002. Janice On Apr 19, 2012, at 3:15 PM, Janice Wing wrote: > <000_0001_(2).jpeg> > As you can see from the worker near the left of the photo, this is NOT the mere replacement of a low hip roof!!! I > On Apr 19, 2012, at 3:08 PM, Janice Wing wrote: » I don't want to be in a position where staff is recommending approval because it's already been installed. » There has been ample warning given staff today about the nose - thumbing that is going on at 6000 Barker. » On Apr 19, 2012, at 3:06 PM, Janice Wing wrote: »> <000_0002.jpeg> »> »> This is a new building storey and an increased building envelope!! This is NOT a mere "replacement of roof trusses "!!!! The house next door at the left of the photo is a two- storey. Page 1 (4/20/2012) Dean lorfida - Re: IMG- 20120419- 00475.jpg Page 2 »> On Apr 19, 2012, at 2:23 PM, John Castrilli wrote: »> »» Janice »» Thank you for your enquiry . »» A permit has been issued for the replacement of the roof trusses only. »» I agree that there is opportunity to add perhaps another unit in this attic space however at this time there has not been an application made for that aspect. »» From an enforcement perspective the only thing we can do at this point is to keep an eye on things as the truss project progresses. »» I know that you live in this area so if you see anything go on beyond the stage of the roof replacement or perhaps any word on the street as to what the owner is planning we would appreciate a call. »» I may as a pre - emptive strike write the owner a letter however I don't want to be accusatory of something before it starts to happens. »» everyone is getting creative in this economy. »» Thanks Again »» »» J Castrilli »» »» »» Director of Building Services »» Chief Building Official »» Planning, Building & Development »» City of Niagara Falls »» 4310 Queen Street, P. O. Box 1023 »» Niagara Falls, ON L2E 6X5 »» (905) 356 -7521, ext 4257 »» (905) 374 -7500 fax »» jastrilli@niagarafalls.ca »» »» »» www.niagarafalls.ca »» »» The City of Niagara Falls Confidentiality Notice »» The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. »» Thank you. »» <IMG- 20120419- 00475.jpg> 00 (4/20/2012) Dean lorfida - Re:ZONING BY - -LAW AMENDMENT APPLICATION 6015 BARKER STREET CITY FILP.agEtf11-- From: To: Date: Subject: STREET Attachments: Bill Colclough <colclough @cogeco.ca> Dean lorfida <diorfida @niagarafalls.ca> 4/20/2012 11:10 AM Re:ZONING BY - -LAW AMENDMENT APPLICATION 6015 BARKER CITY FILE: AM -- 2012 - -002 BarkerSt.pdf; Battlefield- rezoning- opposition.pdf Please accept the attached documents as my formal opposition to the zoning by -law amendment application at 6015 Barker St. Bill Colclough 5993 Barker St. Niagara Falls, Ontario L2G 1Y5 April 21, 2012 Director of Planning & Development City Hall 4310 Queen St. Niagara Falls, Ontario L2E 6X5 Re: Zoning By -Law Amendment Application 6015 Barker St. AM- 2012 -002 Dear Sir, I am a resident at 5993 Barker St. in the City of Niagara Falls and I am writing to you to object to the current proposal to rezone lands at Battlefield Public School. The proposal does not represent good planning. There are already 5 apartment buildings on Barker St. between Drummond Rd. and Main St. The addition of another apartment building would increase vehicle traffic on an already narrow street. It will also add an additional waste collection vehicle on a weekly basis because the building would not be served by Regional Waste pickup. The land is of historical significance. It is the location of the Battle of Lundy's Lane, a pivotal moment in Canadian history in July 1812. There are other funding options available in order to offset the costs for the city. The City must have surplus lands in other areas of Niagara Falls or lands which could be deemed surplus which could be sold to offset the cost of purchase of the Battlefield Lands. The Historic Drummondville Niagara Falls Community Improvement Plan (CIP), available on the City of Niagara Falls website, shows the following regarding Barker St. and the Battlefield property: HISTORIC DRUMMONDVILLE NIAGARA FALLS COMMUNITY IMPROVEMENT PLAN (CIP) - "defining a new direction for Historic Drummondville" - "making land use ... decisions to assist in the revitalization of Historic Drummondville - Promoting revitalized and renewed downtowns ... Fostering attractive neighbourhoods with a high quality of design ... Respecting historical buildings and areas - Promote well- designed infill, intensification and redevelopment that will effectively ... strengthen the existing community fabric. - Protect the character and identity of the overall neighbourhood - Build stronger and more prosperous communities through the better management of growth - Among the Conceptual Urban Design Guidelines (p. 45) is: Protect and strengthen surrounding established residential areas. The Battlefield Public School and adjacent residential properties on Barker Street have been included in recognition of the potential long term role that these properties could play in connecting the Battlefield Precinct to Main Street and the Cultural Market Precinct. (p. 34) "To improve regional self - reliance through long -range economic development planning and economic diversification [including] the creation of tourism development opportunities" ... E. MUNICIPAL LEADERSHIP STRATEGY 12. Market Historic Drummondville as a viable bed and breakfast district. 6.1.3 BATTLEFIELD PRECINCT (p. 41) The Vision for Historic Drummondville identifies the Battlefield Precinct as being a high profile, interpretive tourist attraction that is connected to and reinforces the revitalization of Main Street. it is intended that the site of the Battle of Lundy's Lane be celebrated in a manner that recognizes the national and international significance of this site, while tying it to the historic core of Drummondville. This will allow for the development of tourist activities based on the heritage aspects of the community that will also support the retail renaissance of the area. The long -term preservation of the Drummond Hill Cemetery, the Battle Ground Hotel Museum, and the adjacent school yard is critical in building a cohesive precinct, while providing pedestrian connections between the historic Lundy's Lane Battlefield site and Main Street. In order to properly protect and conserve the key heritage features, and to provide for the development linkages and interpretive facilities, key sites need to be redesignated and rezoned to ensure their long -term availability for reuse. The proposed land use designation and zoning changes will provide a land use regime on the lands in proximity to the Battlefield site that will ensure the long -term protection of these lands from inappropriate development and will provide for the future development of the precinct as a historic cultural destination. p. 79: TARGETED IMPROVEMENTS B. LAND USE 5. Redesignate lands associated with the Battle Ground Hotel Museum, Coronation Park, Drummond Hill Cemetery, Drummond Hill Trail, Municipal Parking Lot 14, and Battlefield Public School to "Open Space ". (to be done through Official Plan Amendment) 6. Rezone lands associated with the Battle Ground Hotel Museum, Coronation Park, Municipal Parking Lot 14, and Battlefield Public School to "Open Space Zone (OS) ". (to be done through Zoning By -law Amendment) C. URBAN DESIGN GUIDELINES 2. Fund a study to create pedestrian linkages between the Vintners' Marketplace and the Battlefield Precinct, and cycling connections from Historic Drummondville to the rest of the City. p. 51: 7.2.5 PUBLICSPACE,NODESANDLINKAGES Historic Drummondville should be strengthened by improving the quality and accessibility of its parks and open space network. These open spaces link the neighbourhood together while enhancing the public realm and providing for pedestrian and bicycle access from other neighbourhoods and areas One of the most critical needs identified during the public consultation process was the need for the City to provide proactive leadership and support for revitalization of Historic Drummondville .... A proactive strategy of municipal leadership has been shown to be a key component of successful revitalization of older commercial areas in other Canadian and U.S. cities. http: / /www.niagarafalls.ca /pdf /business /cip /main -and- ferry/drummondville - cip.pdf If the rezoning ignores the recommendations of its own Community Improvement plan it simply questions the purpose of even having a plan to begin with. Further information recommended retaining the lands are available in the City's official planning document in section 4.2.28 hap: 1 v.n,aafalls.c - i /pdf/ planning /zoning- otficial -plan /official- plan.pdf The rezoning application if put forward by the City of Niagara Falls for lands which they currently do not own and according to information provided by City staff at the public information sessions, there are no conditions in the agreement with the District School Board of Niagara that require rezoning as part of the deal. This rezoning proposal is also to agree to sell lands to two interested parties. The lands are not currently owned by the City of Niagara Falls and therefore cannot be deemed surplus at this time. The City of Niagara Falls would need to declare the land surplus and then publicly advertise the land to get the highest bid. According to information provided by the City Clerk, this is the process that the City of Niagara Falls must follow and this process has not been followed. City staff was directed by Niagara Falls City Council in November 28, 2011 to work with the Niagara Region to acquire the land and the building. Nowhere in the document were staff authorized to negotiate with the private sector to form partnerships for the purchase and dividing up of public property. Please see attached document. since an aueniate access will oe avauauie Liuuuyrr rviannem Cstaies. rvu. rtrcnarusun indicated that the access into Coangelo estates does not meet the technical criteria for a road and that the Haulage Road could still be used for emergency fire access. Emilie Wetherell, 6666 Mountain Road, requested that the developer be responsible for a fence the length of her property on the west side of the road and that laterals be put in for possible future development of her property, although she has no plans at this time. Also, she indicated that she would like to see the current entrance to Colangelo Drive remain open upon completion of Marinelli Drive. Tony Lisi, 6646 Mountain Road, requested that mature trees (6ft in height) be planted on the boulevard along the road to the east side of his property to provide noise attenuation and coverage from car lights. Italia Gilbert', Broderick & Partners, representing the applicant, was in agreement with the staff report and recommendations. She and her client take no position on the Coangelo request but their application should not be held up by that issue. Her client is willing to provide additional caliber trees, as per the City's policy. She also felt it was unreasonable for the developer to provide a fence along the Wetherell property. The Public Meeting was Closed ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the recommendation report be approved, that staff arrange a meeting with the developer and Mountain Road property owners adjacent to the entrance to discuss the provision and specific details of additional trees, that the request of the property owners at 6630 Mountain Road for a curb cut, or lower curb, to allow access to their rear yard be accommodated and that City staff meet with Mr. Richardson and his client regarding the Coangelo Estates access road issue Carried Unanimously MISCELLANEOUS PLANNING MATTERS 1 PD- 2011 -79 - Response to District School Board of Niagara Regarding Disposal of Battlefield School - 6045 Barker Street. The report recommends that Council authorize staff to work together with the Niagara Region regarding the possible acquisition of the Battlefield School property with the open space lands potentially being owned by the City and the former school site being owned by the Niagara Region ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Thomson that the report be approved as recommended Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati advised of some recent events: The annual Arts & Culture Wall of Fame Induction, the Winter Festival of Lights kick off , the annual "Light of Day" concert raising awareness for Parkinson's Disease, the Remembrance Day Ceremony, 'World Al ov (I L. r I Id4 wrier yudirricauuns ana aoiilues OT the Tire tignter volunteers ana residents of Niagara Falls are relatively equal in comparison to the external candidates (in the assessment of the hiring panel), following interviews and the completion of a successful medical examination, offers of employment and hiring preference will be given to local residents and /or volunteer fire fighters. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously 2. R&C- 2012 -01 - City Float Proposal The report recommends that City Council decline the attached City Float proposal and that in future years when staff issues a RFP to redevelop the City Float that Costello Productions be contacted to submit a proposal for redevelopment of the City Float. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the report be approved as recommended. Carried Unanimously BUDGET ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the budget presentation be deferred. Carried Unanimously RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Thomson, seconded by Councillor Gates that the actions taken in the In Camera" earlier this evening be approved. 1. BDD- 2012 -02 Purchase of Zavitz Property That Council authorize the Mayor and Clerk to sign the purchase agreement for the Zavitz property located at the corner of Swayze Drive and Stanley Avenue 2 PD- 2012 -10 Acquisition of the Battlefield School Property That Council authorize staff to provide an offer to the District School Board of Niagara of up to $900,000 for the acquisition of the battlefield School property, conditional upon rezoning. with Councillor Gates opposed to # 1 Motion Carried - 6 - February 14, 2012 Council Minutes Ruth Ann Brown, Women's Place of South Niagara, outlined the impact of losing funds would have on the organization and stressed how essential their service is. ORDERED on the motion of Councillor Gates, seconded by Mayor Diodati that Women's Place of South Niagara be added as a Fee for Service. Carried Unanimously Joe Maggiolo, GNGH Foundation, outlined the importance of the foundation and what it is responsible for. He stressed that equipment purchased by the Foundation stays at GNGH. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the City continue to support GNGH and provide the grant of $50,000. Carried Unanimously ORDERED on the motion of Councillor Maves, seconded by Councillor Gates that the remainder of the permissive grant groups receive the 2011 allotment. Motion Carried with Councillor Wing opposed ORDERED on the motion of Councillor Kerrio, seconded by Councillor Gates that the meeting go past 11:00 p.m. Motion Carried with Councillors Thomson, Morocco and Gates opposed Councillor Pietrangelo stepped down as Chair, 11.05 p.m. RATIFICATION OF" IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the recommendations from the " In Camera" meeting from February 14`h, 2012 be approved. 1. PD- 2012 -15 Purchase of Battlefield School That Council support the purchase of the Battlefield School property fo $900,000 with a closing date no earlier than May 30, 2012 and that the Mayor & Clerk be authorized to sign any related documents. Carried Unanimously with Councillor Wing declaring a conflict. (4/20/2012) Dean lorfida - the Lundy's Lane Battlefield site Page 1 From: K Rogers <planetgemini @hotmail.com> To: <diorfida @niagarafalls.ca> CC: < council @niagarafalls.ca> Date: 4/20/2012 11:02 AM Subject: the Lundy's Lane Battlefield site Dear City Clerk and Council of the City of Niagara Falls, I am writing to express my heartfelt opposition to the City's private sale and any subsequent development of properties adjacent to the Lundy's Lane battlefield site. I feel that these properties (some of which likely hold remains of soldiers who fought there, as well as artifacts) are first of all sacred, and therefore worthy of respect. Secondly I think these lands are immensely significant to the preservation of our Canadian history and in particular the history of our participation and victories in the War of 1812. Lundy's Lane historical site could be much more than it is right now in terms of taking people back in time. There's already so much development in that area that has virtually obliterated any and all remnants of the important events that occurred there 200 years ago. The landscape surrounding what remains of the Lundy's Lane site is lost forever. So much so, that it's impossible to even imagine the fierce battle that occurred there. There are few interpretive aids at the site to assist people with this, and there is a lot of potential to make this battlefield far more real and meaningful for people than it is right now. The patch of land in question still has a chance. It has a chance to remain a historical oasis in the midst of mass development, that elders and children alike can visit for years to come to learn about what happened there and how it has benefited us all today. There are so few opportunities left in Ontario and in particular the Niagara area, to experience the awe and reverence of our War of 1812 battle sites. Once the land adjacent to the Lundy's Lane battlefield is gone, its gone forever. Please reconsider the irreversible effects that selling this land to private developers (who in all likelihood do not have any interest or sensibilities in our history)could mean for future generations. Most importantly, I'm joining this fight to preserve the Lundy's Lane battle site in honour of those soldiers who fought for us all there. I thank the Council for considering this letter. Sincerely, Kim Rogers formerly of Peterborough Ontario, now residing in Whitehorse, Yukon Territory . Our prime purpose in this life is to help others. And if you can't help them, at least don't hurt them. -Dalai Lama Page 1 of 4 Dean Iorfida - Lundy's Lane: Trip Advisor Travel Trends From: K Rogers <planetgemini @hotmail.com> To: <diorfida @niagarafalls.ca> Date: 4/22/2012 12:16 PM Subject: Lundy's Lane: Trip Advisor Travel Trends CC: <council @niagarafalls.ca> To City Council, Niagara Falls re: a case for expanding the Lundy's Lane Battlefield and refraining from selling adjacent land to developers: Please consider the following recent report below on travel trends by Trip Advisor, which states that cultural travel is increasing. This presents a financial advantage for Niagara Falls in addition to the heritage position that many are putting forward to you. As far as military sites go, The Lundy's Lane battlefield site could be a draw for US tourists, who would find particular interest in the most fierce battle fought by their soldiers in the War of 1812, but more significantly, a battle that 'both sides won'. This site is of value from an American as well as a Canadian military standpoint. I have highlighted pertinent travel trends below in red print for your convenience. thank you for considering these trends, which present a potential financial impact with regard to the Lundy's Lane issue. Sincerely, Kim Rogers Whitehorse, Yukon Territory. Tripadvisor logo CONTACT: tile: / /C: \Documents and Settings \di202 \Local Settings\ Temp \XPgrpwise \4F93F6ACDomai... 4/23/2012 Page2of4 Amelie Hurst (415) 829 -8158 ahurst @tripadvisor.com TRIPADVISOR ANNOUNCES 2012 TRAVEL TRENDS FORECAST Annual Survey Reveals Cultural Trips and Cruises Surge in Popularity Travel Spending to Increase for Nearly One - Third of U.S. Travelers NEWTON, Mass. — November 8, 2011 /PRNewswire/ — TripAdvisor the world's largest travel site *, today announced the results of its annual travel trends survey of more than 2,700 U.S. travelers. Despite the current economic climate, 31 percent anticipate they will spend more on leisure travel next year, while 49 percent expect to spend the same amount as they did in 2011. Seventy -nine percent of respondents plan to spend a minimum of $3,000 on vacations in the coming year, 57 percent will pay out at least $5,000 and 21 percent will invest $10,000 or more on 2012 leisure travel. Ninety percent of respondents are planning to take two or more leisure trips next year, and 24 percent are planning five or more getaways. Beach Bums and Culture Vultures: Top Trip Picks Travelers are Planning for 2012 1. Beach trip - 44= 2. Cultural trip (e.g., visiting museums or historic sites) - 42 0 3. Road trip - 40x, 4. City trip - 361 5. Guys or girlfriends getaway - 24 fle: / /C: \Documents and Settings \di202 \Local Settings\ Temp \XPgrpwise \4F93F6ACDomai... 4/23/2012 Page 3 of 4 Trip -o- Meter: Culture on the Rise in 2012 Took in 2011 Planning to take in 2012 Going Up: Cultural trips 38% 42% Cruises 19% 23% Island escapes 22% 24% Going Down: Amusement /theme park trips 14% 12% Lake trips 14% 12% Hiking trips 11% 10 The Hotspot List: Destinations in Americans' Sights . Sixty -eight percent plan to travel outside the U.S. in 2012 and among these globetrotters, 54 percent will visit Europe, 52 percent will go to a North American destination outside the U.S. (such as Canada or Mexico) About TripAdvisor TripAdvisorL; is the world's largest travel site, enabling travelers to plan and have the perfect trip. TripAdvisor offers trusted advice from real travelers and a wide variety of travel choices and planning features (including Flights search, TripAdvisor Mobile and Instant Personalization) with seamless links to booking tools. file: / /C: \Documents and Settings \di202 \Local Settings\ Temp \XPgrpwise \4F93F6ACDomai... 4/23/2012 (4/23/2012) Dean lorfida - Lundy's Lane Battlefield Page 1 From: James Atkinson <jsatk @hotmail.com> To: <diorfida @niagarafalls.ca> Date: 4/20/2012 4:33 PM Subject: Lundy's Lane Battlefield To All Canadians and particularly those in the seat of war (1812 -1814) To All politicians in the Niagara region We must preserve our heritage. Please add my voice to the efforts to save and preserve the Lundy's Lane site from further commercial development. The Bi- Centennial of these seminal events in our national history is hopefully an ideal time to address the issues and make a collective commiment to respecting and honouring that heritage. Although I currently live in The Yukon, I am making plans to attend the battle of Queenston Heights in October 2012. James S. Atkinson (4/23/2012) Dean lorfida - Letter for Mr Hurlovitch Page 1 From: To: Date: Subject: Attachments: DE Graves <graves @primus.ca> <diorfida @niagarafalls.ca> 4/21/2012 1:16 PM Letter for Mr Hurlovitch Ilmap0002.jpg; Ietter20aprLL.doc; SHORT1812BIObrev.doc Mr lorfida: This letter, addressed to Mr Hurlovitch, concerns a matter before the City Council. Would you please ensure that it gets to the proper parties. There are two attachments with it. Sincerely DE Graves (4/23/2012) Dean lorfida - Ilmap0002.jpg X MILIJA- .-Lundy -House GL u. h Skinner P • , �� Bender's Farm -0- Johnson' I i Tavern ♦ R .-„ 1 Bu• ner, `• `• N. t -1 ♦ *. t � t ,1- • -- -- _1__.' 1 1ST __ • 100 200 yards Contour intervel is 10 feet 6 >� ‘ A • • • Peer A; • • • �\ q BIDDLE ..o 22ND 9TH 66o \�TOWSON LUNDY'S LANE - 25 JULY 1814 2nd Phase: c. 8:45 - 9:45 PM 1. Ketchum's company scoops up prisoners in the road junction before Jesup withdraws only to later return after encountering U.S. reinforcements. 2. Ripley's brigade forms in front of the hill and to the east of the Portage Road. On Brown's orders, the First Infantry mount a demonstration. The Twenty -First Infantry then attacks and takes the British guns, while the Twenty -Third Infantry under Ripley's command also moves forward. 3. Using the 1st, 41st and 89th Foot, Drummond mounts several unsuccessful local counterattacks to recapture his guns from the Twenty -First Infantry. Page 1 (4/23/2012) Dean Iorfida - Ietter20aprLL.doc Page 1 PO Box 282 Carleton Place, ON K7C 3P4 20 April 2012 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Att: Mr. Alex Herlovitch, Director of Planning and Development Dear Mr. Herlovitch, I have been asked to provide a professional opinion on an application before the City Council of Niagara Falls to use part of the property of the former Battlefield School for re- development as a multi -unit residence. I was asked to provide this opinion because of my general professional knowledge of the cultural heritage of the War of 1812 in the Niagara and my particular knowledge of the 1814 battle of Lundy's Lane which forms the subject of my 1993 book, Where Right and Glory Lead! The Battle of Lundy's Lane, 1814. I attach a short bio which establishes my professional credentials on the subject of the War of 1812 and, if requested, I also have a lengthier c.v. which lists all my publications and currently runs to some 25 pages. This is not the first time that I have been asked to provide professional heritage expertise on a matter relating to property within the boundaries of the City of Niagara Falls. In 1993, while a member of the historical section of the Department of National Defence, I appeared before the City Council to speak on the proposed re- development of the battlefield of Chippawa. As a heritage consultant I was later asked to evaluate the cultural heritage of the area immediately adjoining the Lundy's Lane cemetery to the south and, somewhat later, the property belonging to Ruth Redmond north of Lundy's Lane. Both these areas are now part of the battlefield historic site. Turning to the matter at hand, the street/road network in the area of the battlefield has not changed all that much since 1814 and, thus, the parameters of the battle can be fairly easily established. The general outside limits of battlefield are approximately as follows. The northern boundary runs along the east -west line of Latshaw Street between Drummond Road and Main Street. The southern boundary runs along an east -west line between Delaware and Symmes Streets from Drummond Road to Main Street. The western boundary is approximately Drummond Road except for an area near the junction of Drummond Road and Lundy's Lane, west of Drummond and north and south of Lundy's Lane. This is approximately the area under or near the water tower. The eastern boundary of the battlefield is generally Main Street except for a portion of that area southeast of the junction of Main Street and Lundy's Lane but northwest of a line running between the junction of Peer and Main Streets to the approximate area of the Lundy's Lane Museum. (4/23/2012) Dean lorfida - Ietter20aprLL.doc Page 2 Within this general area, the two opposing armies manoeuvered and fought but the hardest combat occurred in the area bounded by Barker Street, Drummond Road, Lundy's Lane and Main Street -- and areas outside that limit but immediately adjacent. The property under discussion is on Barker Street, which in 1814 was a farm lane running east - west from Main Street (known as the Portage Road in 1814). This lane is mentioned in some American accounts of the battle as is the Peer house at the approximate junction of modern Barker Street and Main Street. During the battle of Lundy's Lane, this property was the forming up area for two major American attacks on the British position (which ran along a line on the hill south of Lundy's Lane), including the important successful attack, which led to the capture of the British artillery. It was also the general area where Major -Jacob Brown, the American commander, located his command group during the first part of the battle. The attached map, taken from my book, indicates the relation of the school property to the battle. It is generally in the vicinity of the unit marking, "21st" which stands for the 21st Infantry. This being the case, there is absolutely no doubt that the Battlefield School property is a cultural heritage landscape of great value and that before any steps are taken to change it in any way, it should form the subject of a heritage impact study. Personally, I would like to see the area joined to the current battlefield site /cemetery and returned, as much as possible, to its 1814 condition. If this was done, the battle could be properly interpreted from the American side, something that is not possible at the moment. I feel I should add that heritage tourism is a very important aspect of the tourism industry and there are so many heritage attractions in the Niagara Falls area that they can increase the length of a visitor stay. In essence, anything that promotes heritage tourism -- including extending the area of the battle site -- increases the length of visitor stay in the city. Thus, developing the battlefield as a heritage attraction will ultimately benefit the city. If I can be of any further assistance in this matter, please do not hesitate to contact me. Sincerely Donald E. Graves, MA [2 attachments] (4/23/2012) Dean lorfida - SHORT1812BIObrev.doc Page 1 Donald E. Graves Donald Graves was educated in history at the University of Sakatchewan in Saskatoon and Carleton University in Ottawa. He has been employed as a military historian or archivist by the Library and Archives of Canada, the National Historic Sites Service of Canada and the Department of National Defence. Mr. Graves has been very active in the field of heritage preservation and has served as a consultant to the Niagara Parks Commission and the St. Lawrence Parks Commission, as well as smaller agencies. Between 1996 and 2001 he was the lead heritage advisor on the preservation of the Chippawa battlefield of the War of 1812 and has also served as a historical consultant for a number of documentaries on the War of 1812, the most recent being the Public Broadcasting System's 2 -hour production, which will be televised in October 2011. Donald Graves is a member of the Minister of Canadian Heritage's Advisory Committee on the Bi- Centennial of the War of 1812. He is the only non - American member of the U.S. Secretary of the Interior's Scholarly Advisory Committee on Revolutionary and War of 1812 Battlefields and the only non - British member of the Heritage Advisory Board of the Royal Armouries of Britain. He is in demand as speaker on the War of 1812 and has a very full schedule for the next four years. Mr. Graves is the author or editor of seven books on War of 1812 subjects including: Merry Hearts Make Light Days: The War of 1812 Journal of Lieutenant John Le Couteur, 104th Foot Redcoats and Greyjackets: The Battle of Chippawa, 1814 Soldiers of 1814: American Enlisted Men's Memoirs of the Niagara Campaign The Incredible War of 1812: A Military History Field of Glory: The Battle of Crysler's Farm, 1813 Where Right and Glory Lead: The Battle of Lundy's Lane, 1814 and Fix Bayonets! A Royal Welch Fusilier at War, 1796 -1816, being the Life and Times of Lieutenant - General Thomas Pearson. He has also written dozens of articles on the conflict, which have been published in the United States, Britain and Canada. When not researching, speaking or writing about the War of 1812, Donald Graves resides with his author wife, Dianne, in a 19th century farmhouse -- which he is constantly trying to prevent from collapse -- in the scenic Mississippi Valley of Canada. (4/23/2012) Dean Iorfida - Fwd: Letter for Niagara Falls City Council Page 1 From: To: Date: Subject: Attachments: Janice Wing <janice_wing @cogeco.ca> Alex Herlovitch <aherlovitch @niagarafalls.ca >, John Barnsley <barnsley @n... 4/21/2012 2:04 PM Fwd: Letter for Niagara Falls City Council Ilmap0002.jpeg; Ietter20aprLL.doc; SHORT1812BIObrev.doc 1) Dean, please add the attached to the public record so that it will be among the materials to be presented to the OMB. (Thank you for your assistance.) 2) Please accept this email as a formal proposal that the Municipal Heritage Committee (MHC) consider the lands municipally known as 6015 Barker Street for recognition under The Ontario Heritage Act . http : / /www.e- laws.gov.on.ca /html/ statutes / english /elaws_statutes_90o18_e. htm 3) If I may be so bold: It has, in my opinion, become very apparent that whomever conducted the "review" which determined "that it was unnecessary to circulate the Heritage Committee" deserves to be demoted or fired for severe incompetency. A certain person or persons appear to have, as the Peter Principle would have it, risen to their level of incompetence. Janice Begin forwarded message: > From: DE Graves <graves @primus.ca> > Date: April 21, 2012 1:17:12 PM EDT > To janice_wing @cogeco.ca, Bart Maves <bartm @niagarafalls.ca >, Council @niagarafalls.ca, Carolynn loannoni <ioannoni @niagarafalls.ca >, Jim Diodati <jdiodati @niagarafalls.ca >, Joyce Morocco <joycemorocco @niagarafalls.ca >, Vince Kerrio <vkerrio @niagarafalls.ca >, Victor Pietrangelo <vpietrangelo @niagarafalls.ca >, Wayne Gates <waynegates @niagarafalls.ca >, Wayne Thomson <wthomson @niagarafalls.ca> > Subject: Letter for Niagara Falls City Council > The attached letter, with two attachments, concerns a matter to come before the City Council in the coming week. I would ask that it be distributed to the Council as soon as possible. > Sincerely > DE Graves (4/23/2012) Dean lorfida - Re: AM- 2012 -002 - Circulation to Heritage Committee Page 1 From: Janice Wing <janice_wing @cogeco.ca> To: David Deluce <DDeluce @niagarafalls.ca> CC: Alex Herlovitch <aherlovitch @niagarafalls.ca >, John Barnsley <barnsley @n... Date: 4/20/2012 8:33 PM Subject: Re: AM- 2012 -002 - Circulation to Heritage Committee Hi David, Your review wasn't very thorough: 1) 14.2.13 A heritage impact study where development is proposed on or adjacent to lands, structures or buildings listed on the City's Register of Heritage Properties. The property (le lands and buildings) at 5993 Barker is listed on the City's Register of Heritage Properties. That property abuts 6015 Barker Street on the entirety of its northern boundary, and part of its western boundary . Adjacent: Having a common endpoint or border; Next to or adjoining something else; Having a common vertex and a common side; Contiguous, adjoining or abutting ... I don't know how to make it any plainer that this is a case where development is proposed on or adjacent to lands, structures or buildings listed on the City's Register of Heritage Properties. 5993 Barker is listed on the City's Register of Heritage Properties. 5993 Barker is also, by virtue of its northern and western bounds (ie the parts viewed from the hilltop) adjacent to 6015 Barker. Oh well, maybe the OMB has brighter bulbs than City Hall. 2) Your answer isn't either, I'm sorry to admit. You've ignored 95% of my email. Let's try again ... "Cultural Heritage Landscape" - a defined geographical area, often modified by human activities, that are valued for their important contribution to our understanding of the history of a place, an event, or a people. The geographical area may have been specifically designed or may have evolved over time and may be continuing to evolve. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together for a significant type of heritage form, distinctive from that of its constituent elements or part such as gardens, main streets, neighbourhoods or trails. Do you see this mapping? (There are three figures.) The first (it is the one to the left of the grouping) is p. 151 from Donald E. Graves' Where Right and Glory Lead! The Battle of Lundy's Lane 1814 That book is considered the authoritative study of the battle. Do you see the parallel dashed lines leading upward from the lower right and bending sharply to the left partway along their trajectory? Those are the outer bounds of the formation fo the US 21st Infantry in the pivotal minutes of the battle. The second (middle) figure is Dr. Ron Williamson of Heritage Resources Inc. provided as part of the late 1990s study and report conducted for the Applicant. (Perhaps you should ask the Applicant for a copy ?) The third (last in the row) is a detail from the latter. It clearly shows that same sharp bend to the left (4/23/2012) Dean lorfida - Re: AM- 2012 -002 - Circulation to Heritage Committee Page 2 (westward). Oh dear! That bend seems to occur right where Battlefield School is! Oh dear! The path of the 21st seems to pass right over the ground where the school building now sits! Did it not occur to ANYONE that there is a possibility that the property at 6015 just might meet the definition of "Cultural Heritage Landscape" (defined geographical area... valued for their important contribution to our understanding of the history of a place, an event, or a people). Not even after I explained it at length in my planning objections? Did anyone at all question why City Council, in its wisdom, adopted this appendix as part of its Official Plan? APPENDIX VI - FUTURE CULTURAL HERITAGE STUDY AREAS Lundy's Lane Battlefield (municipally owned sites plus related publicly -owned properties) Can anyone venture a guess as to what Council might have meant by "related publicly -owned properties "? It is becoming very apparent that the 2005 Provincial Policy Statement his not is the least applicable to the City of Niagara Falls, so I will not bore you with a THIRD review of its policies other than to point out - for the THIRD TIME - the following: 2.6 Cultural Heritage and Archaeology 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. Cultural heritage landscape: means a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; and villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value. David, perhaps you could be so kind as to help me out here: Obviously my ability to understand these things is far inferior to yours. Why would the Province have used the word "battlefields" in its explanation of what a cultural heritage landscape is? I won't bore you with a THIRD review of the GGS and Regional Policy Plan Directives either. I am intelligent enough to be able to grasp that the PPS, GGS and Regional Policy Plan Directives do not apply to the City of Niagara Falls. Dean, I trust you will be including this in the documentation which becomes part of the record for the OMB? Janice On Apr 20, 2012, at 2:50 PM, David Deluce wrote: > Hi Janice, > Peggy Boyle forwarded your question to me asking if application AM- 2012 -002 was circulated to the Heritage Committee. We reviewed the surrounding properties prior to sending our public meeting notice and the only feature that is designated under the Heritage Act is the Copper Beech Tree on the cemetery property. Staff were of the opinion that the application would not have a negative impact on the tree and that it was unnecessary to circulate the Heritage Committee. If you h ave any questions, please let me (4/23/2012) Dean Iorfida - Re: AM- 2012 -002 - Circulation to Heritage Committee Page 3 know. > Regards, > David Deluce, MCIP, RPP > Planner II > Planning, Building & Development Department > City of Niagara Falls > Niagara Falls, ON > L2E 6X5 > 905 - 356 -7521 ext. 4296 > 905 -- 356 -2354 (Fax) > ddeluce @niagarafalls.ca > <IMAGE.jpg> > www.niagarafalls.ca > The City of Niagara Falls Confidentiality Notice > The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. > Thank you. Page 1 of 1 Dean Iorfida - summary of today's AM- 2012 -002 submissions From: Janice Wing <janicewing(2;cogeco.ca> To: Alex Herlovitch <aherlovitch @niagarafalls.ca >, Dean Iorfida <diorfida(tiniagarafalls.ca> Date: 4/23/2012 11:19 AM Subject: summary of today's AM- 2012 -002 submissions Just to recap what I sent in separate emails this morning: There are: - AT LEAST TWO FEDERAL FUNDING PROGRAMS and - AT LEAST TWO PROVINCIAL FUNDING PROGRAMS for which The Path of the 21st Project qualifies. Professional Military Historian, author, and heritage consultant Donald E. Graves has advised me: "Since I sit on the War of 1812 Bicentennial advisory committee to the Minister of Canadian Heritage on the War of 1812, you can call on me for a letter of support for any funding applications." There are also CORPORATE DONOR OPPORTUNITIES and COMMUNITY FUNDRAISING ACTIVITIES we intend to pursue. As you gentlemen may recall, I have significant experience in securing funding from all of the above sources. We can waste the next two years, as the clock ticks toward the 200th anniversary of the Battle of Lundy's Lane, tied up in legal battles, or we can use the time constructively to improve the City's tourism product offering without cost to the local taxpayer. janice file: / /C: \Documents and Settings \di202 \Local Settings\ Temp \XPgrpwise \4F953ADFDoma... 4/23/2012 Page 1 of 2 Dean Iorfida - update on federal funding opportunities From: Janice Wing <janice_ wing (c-_cogeco.ca> To: Alex Herlovitch <aherlovitchnniagarafalls.ca> Date: 4/23/2012 9:19 AM Subject: update on federal funding opportunities CC: Dean Iorfida <diorfida @niagarafalls.ca> Good morning Alex, I have discovered that there is a second current federal funding opportunity through Canadian Heritage. (I have not yet investigated Provincial or public- private foundation funding opportunities.) 1) Just to recap: The Path of the 21st Project is an excellent fit for the 1812 Commemoration fund. The Program Consultant we are working with has expressed no eligibility concerns. http://www.pch.gc.ca/eng/1318949617844/1319137448260 1812 Commemoration Fund The 1812 Commemoration Fund, a three -year funding initiative ending on March 31, 2014, is administered by the Department of Canadian Heritage. The goal of the Fund is to foster greater awareness and understanding among Canadians of the importance of the War of 1812 in our history. 2) There is also the opportunity to apply for federal funding through the Building Communities Through Arts and Heritage Component III Legacy Fund: Building Communities through Arts and Heritage The Building Communities through Arts and Heritage program is designed to increase opportunities, through festivals or other events and activities, for local artists and artisans to be involved in their community and for local groups to commemorate their local history and heritage. Legacy Fund The Legacy Fund provides funding for community capital projects that commemorate a local historical anniversary of 100 years or greater in increments of 25 years. The Legacy Fund component provides funding for community capital projects. Successful applicants may receive up to 50 per cent of eligible expenses to a maximum of $500,000 in funding for community capital projects that: • commemorate a significant local historical event or pay tribute to a significant local historical personality; • mark a 100th anniversary or greater, in increments of 25 years (e.g., 125th, 150th); • involve the restoration, renovation, or transformation of existing buildings and /or exterior spaces with local community significance; • encourage arts and heritage activities in your community; and • are intended for and accessible to the general public. Meets Component III Legacy Fund criteria: file: / /C: \Documents and Settings \di202 \Local Settings\ Temp \XPgrpwise \4F951 E8EDomai... 4 /23/2012 Page 2 of 2 http:// www.pch.gc.ca /eng/1288971328109 your event or project Is ....VVINTI .y Mtt'.rrY.0 t.a-t twt p!YW .+. .:,.t",�n,.�,n� . haM ,a p r tr^wtt PtNpK.n -z .1(44 1.} I.MaMnl 1 4 ar a1 14,1549; CtwOtstM 11 IrirnmtaYy tr+Irtt{ t . Ctarpowynt 11, tawcy Aw/ To be eligible for funding through the Legacy Fund, your group must: • be a local incorporated non - profit organization; or • a local band council, a local tribal council or other local Aboriginal government (First Nations, Inuit or Metis) or equivalent authority; and • have the support of the municipal administration or equivalent authority, in the form of cash and /or in -kind support. Under the guidance of the Executive Director of the Ontario Historical Society, which The Friends of the Lundy's Lane Battlefield became incorporated in September 1997, I (as the last legitimate President and Secretary) am presently reviving that long- dormant local public foundation. Memberships are selling quickly. The FLLB will be the organization applying for the funding, so that part of the eligibility criteria has been met. The Path of the 21st Project appears to be an excellent fit. A funding application has been downloaded and will be ready to go once the second part ( "the support of the municipal administration or equivalent authority, in the form of cash and /or in -kind support") is in place. We will be looking for in -kind support only. Janice tile: / /C: \Documents and Settings \di202 \Local Settings\ Temp \XPgrpwise \4F951 E8EDomai... 4/23/2012 Page 1 of 3 Dean Iorfida - Provincially ... From: Janice Wing <janice wing cc,cogeco.ca> To: Alex Herlovitch < aherlovitchAniagarafalls.ca >, Dean Iorfida <diorfida c niagarafalls.ca> Date: 4/23/2012 9:45 AM Subject: Provincially ... Keep in mind when reading this that the Path of the 21st Project offers these unique tourism product development opportunities: - to allow the central battlefield, for the first time since the 1800s, to be viewed from the American position, thereby dramatically improving the visitor experience - to improve the visitor experience of the existing product, by removing a key constraint, opening up the vista from the British - Canadain position, and dramatically improving interpretation capabilities - to reclaim a vitally significant troop corridor, thereby permitting a historically accurate re- enactments of the battle to take place in 1814 - to create a permanent "celebration place" for Underground Railroad - Freedom Trail visitors (already heavily attending the nearby BME Church National Historic Site) Objectives The Ministry of Tourism and Culture supports investment attraction, product and experience development and industry capacity building. Tourism Development Fund The Tourism Development Fund supports projects that encourage tourism investment, tourism product development and industry capacity building. The aim of the program is to: Support the creation or revitalization of tourism attractions, sites and experiences Support innovative product development for emerging sectors that have demonstrated market potential Enhance the quality of tourism services, businesses and practices through training Assist with tourism planning and capacity support to ensure that the tourism industry is well positioned to make future strategic decisions, address issues and opportunities Assist communities with investment readiness, investor relations, investment attraction and communications. file: / /C: \Documents and Settings \di202 \Local Settings\ Temp \XPgrpw -ise \4F9524ACDomai... 4/23/2012 Page 2 of 3 Who is eligible to apply? Tourism associations, economic development corporations, municipalities, tourism businesses and organizations interested in undertaking tourism - related initiatives which support industry development and increased visitation. What types of initiatives are eligible? Tourism planning Tourism training Product and experience development Activities that support tourism investment or reinvestment. Eligible Projects Priority will be given to projects that: • Support destination development. • Support best practices and demonstration projects. • Enhance the competitiveness of Ontario's tourism products and experiences. • Support a recommendation from a Premier - ranked Tourist Destinations Framework or local planning initiative. • Are supported by industry, regional planners, economic development organizations or departments, communities or regions. • Target the core Ontario, U.S. or international tourist markets identified by the Ontario Tourism Marketing Partnership Corporation in its segmentation research and marketing plans. (For more information, visit www.tourismpartners.com). • Leverage private sector and other government (municipal, federal, international and other - provincial) investment. The following assessment criteria will be applied: • Is the primary function of the project tourism development? • Has the project been designed to increase visitor spending, increase visitation, increase investment or improve customer experiences? • Does the project build the capacity of the tourism industry? • Is there a demonstrated need for Ministry of Tourism and Culture funding to complete the tourism project? • Has the project been identified as a local or regional priority through planning (Destination Development or Premier - ranked Tourist Destinations Framework) or public consultations that show community support and commitment? tile: / /C: \Documents and Settings \di202 \Local Settings\ Temp \XPgrpwise \4F9524ACDomai... 4/23/2012 Page 3 of 3 • Is there strong market demand or evidence of future demand for the project and does it target core Ontario, U.S. markets or international markets identified by the Ontario Tourism Marketing Partnership Corporation in its segmentation research and marketing plans? • Is the project sustainable? • Has the applicant secured funding from other partners (cash or in- kind)? • Does the applicant have sufficient management capability and the programming track record to carry out the project with an acceptable level of risk? All of the assessment criteria are met. file: / /C: \Documents and Settings \di202 \Local Settings\ Temp \XPgrpwise \4F9524ACDomai... 4/23/2012 Page 1 of 1 Dean Iorfida - by the way ... From: Janice Wing <janicewingr>,cogeco.ca> To: Alex Herlovitch <aherlovitch c,niagarafalls.ca >, Dean Iorfida <diorfida c ,niagarafalls.ca> Date: 4/23/2012 9:49 AM Subject: by the way ... The site has also been nominated for Heritage Canada's Top Ten Endangered Places List: http ww.heritagecanada.org /en /issues - campaigns/ top - ten - endangered /nominate -site The Top Ten Endangered Places List is released annually to bring national attention to sites at risk due to neglect, lack of funding, inappropriate development and weak legislation. The site readily meets the Top Ten Endangered Places List criteria as well. tile: / /C: \Documents and Settings \di202 \Local Settings\ Temp \XPgrpwise \4F95259CDomai... 4/23/2012 Page 1 of 1 Dean Iorfida - We also meet the Trillium Foundation eligibility criteria and ... From: Janice Wing <janice_wing(a.,cogeco.ca> To: Alex Herlovitch <aherlovitch. W niagarafalls.ca >, Dean Iorfida <diorfida@niagarafalls.ca> Date: 4/23/2012 10:05 AM Subject: We also meet the Trillium Foundation eligibility criteria and ... The Community Program is for activities that take place in one catchment area and have a local impact in one or more communities within that catchment area. Community grants account for 80% of OTF funding. Through the Community Program, the Foundation makes grants of up to $375,000 over five years. This can include up to $75,000 per year for operating or project expenses and up to $150,000 over one or more years for capital initiatives such as building renovations and /or equipment purchases. The decision to fund all or part of a request depends on how well an application fits with OTF's granting priorities and assessment criteria as well as the overall demand and granting budget in the catchment area. Applicants are encouraged to apply for a variety of grant types. We would be applying for: - Project grant - Capital grant tile: / /C: \Documents and Settings \di202 \Local Settings\ Temp \XPgrpwise \4F95295FDomai... 4/23/2012 AGENDA PAGE NUMBER 119 - 120 MOVED BY: SECONDED BY: MOTION THAT THE COUNCIL OF THE CITY OF WELLAND receives for information the correspondence from the Toronto 2015 Pan /Parapan American Games Organizing Committee dated March 1, 2012 regarding expression of interest - baseball /softball venue; and further THAT Welland City Council directs staff to submit an expression of interest with the proviso that Welland is able to secure partnering municipality(ies) to coordinate the event and that only existing fields of play are utilized for the baseball /softball events. CARRIED LOST NOT PUT J J 09- REF. NO. LAROUCHE PETRACHENKO -_ -_ CARL GRENIER MCLEOD DIMARCO LETOURNEAU CHIOCCHIO CAMPION GRIMALDI WRIGHT FORTIER MAYOR SHARPE -- Niagara Al g v Region April 12, 2012 Mr. Dean Iorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida: Re: Notice of Statutory Public Meeting Niagara Gateway Economic Zone and Centre Regional Policy Plan Amendment (RPPA 1 -2012) Integrated Community Planning 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 - 685 -1571 Toll Free: 1- 800 - 263 -7215 www.niagararegion.ca This letter is to advise you that the Integrated Community Planning Committee will be having a Statutory Public Meeting on the Niagara Gateway Economic Zone and Centre Regional Policy Plan Amendment on: Date: Wednesday, April 25, 2012 Time: 1:00 p.m. Place: Council Chambers Regional Headquarters Building (Campbell West) 2201 St. David's Road, Thorold, ON Integrated Community Planning Committee meetings are open to the public. Interested persons are welcome to attend and present their views. The Committee will receive the accompanying staff report, ICP 41 -2012 for information. Comments received at the public meeting will be considered when Committee makes a final decision recommendation on this matter to Regional Council at a later date. Any person, group or persons or organization wishing to address a Standing Committee with respect to a matter already on a Committee agenda shall submit a written request to the Clerk no later than 12:00 p.m. on April 20, 2012. Please contact Natasha Dawn of the Clerk's Office at extension 3296 to submit a request. A copy of ICP 41 -2012 may either be picked up in the Integrated Community Planning Department as of April 20, 2012 or accessible via www.niagararegion.ca. Yours trul Br _ ►.ck, MCIP, RPP Senior Planner BD /ns c: Mr. K. Bain, Regional Clerk Ms. N. Dawn, Legislative Assistant Ms. M. Tanner, MCIP, RPP, Associate Director, Regional Planning, Integrated Community Planning Building Community. Building Lives.