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Additions to Council, Setpember 11, 2012ADDITIONS TO COUNCIL, TUESDAY, SEPTEMBER 11, 2012 COMMITTEE OF THE WHOLE 1. Note from Clerk on Fire Station location presentation. 2. MW- 2012 -34 - Proposed Recreational Trail Edgewood Estates Subdivision a) Correspondence from Frank Fohr b) Correspondence from John Jackson c) Correspondence from Andrew Wright COUNCIL Communications 1. Email from Councilor Wing re: Item 3b. Lundy's Lane BIA 2. Correspondence from HATCH re: Proposed Peace Garden at New Park on Queen Street RECOMMENDATION: For the Consideration of Council Notice of Motion 1. Additional Resolution from Councillor Wing. 2. Correspondence from John Holer, Marineland. e1 (9/10/2012) Teresa Fabbro - Committee of the Whole Page From: Dean Iorfida To: council @niagarafalis.ca CC: Ken Todd; Lee Smith; Phil Ross; Teresa Fabbro Date: 9/10/2012 4:03 PM Subject: Committee of the Whole I understand there may be some desire on the part of Council to have the Fire Station Location presentation upstairs at Council. The presentation is estimated to take approximately 45 minutes, not including Councillor questions. Hence, why staff felt it was more appropriate in Committee. With the recommendation to refer to budget and staff for an implementation plan, there would be future opportunity to have a more streamlined presentation upstairs in front of the cameras. Ultimately, it is Council's call tomorrow evening. The residents in the Edgewood Recreational Trail have been invited to attend Committee for 5:15 p.m. Any presentation upstairs would commence after the Planning Public meetings. Thanks Dean Concerning the proposed recreational trail in Edgewood Estates Subdivision Unfortunately I am unable to attend the committee of the whole meeting on September 11th due to a previously scheduled meeting. However I have a few comments after reading the report to council submitted by Geoff Holman, Director of Municipal Works. I want to emphasize that as a member of the Park in the City Committee, I fully agree with the recommendation that the construction of the trail should proceed as soon as possible. In addition to the points mentioned in the resolution passed by the Park in the City Committee, there are a few other facts that should be considered. 1. A sidewalk can not be thought of as a replacement for a trail. In the report it was mentioned that some residents questioned the need for this trail in this location since sidewalks are available along the street in front of the residences. It needs to be pointed out that the purpose of a sidewalk is for pedestrian traffic only. Trails are constructed to a wider width of 2.4 metres so that bicycles as well as pedestrians can use the right of way safely. 2. Trails serve unique purposes that go beyond the immediate needs of the homes adjacent to the trail. Trails provide off road opportunities for bicycles (as well as pedestrians) to travel safely through neigbourhoods for both recreational and commuting purposes. The linkages this trail provides are part of a larger trail master plan that should not be compromised, since they benefit the entire city. When this subdivision was originally conceived, the need to create these trail linkages was incorporated into the subdivision plan. Now that the subdivision is built, the linkages would be lost since there are no other viable options. As noted in the letter from the NPCA, the proposed option of going through the PSW is a non - starter. 3. While trails serve a broader purpose, they do benefit adjacent landowners as well. Property values generally rise as a result of adjacent trails. 4. As mentioned in the report, the residents knew when they purchased these properties that a trail was part of the plan. The residents acknowledge this fact. When an agreement is made, we normally expect people to honour what they have agreed to. 5. The only reason why the land was acquired by the city from the developer was for the construction of a trail. In their letter, the adjacent residents request that "the grounds from the forest line to our backyard be maintained with the same accordance as the hydro corridor." This maintenance cost would be borne by the city with no benefits to the other residents of Niagara Falls. 6. The money for the trail has already been put aside. The decision was already made. Council has already approved the trail and has no obligation to reconsider it. Council needs to consider what is best for all of the citizens of Niagara Falls. The trail should be constructed as planned. Sincerely, Frank Fohr Page 1 of 1 r ., Municipal Works; Scanned Fue. 2006 -339 Selene Tudini - Fwd: Proposed Recreation Trail in Edgewood Estates Subdivision From: Jeff Claydon To: Geoff Holman; Selene Tudini Date: 10/09/2012 8:54 AM Subject: Fwd: Proposed Recreation Trail in Edgewood Estates Subdivision CC: Cynthia Roberts; Jeff Guarasci Hi Geoff and Selene Please find this email for the report and information on the Edgewood Trail. thx Jeff ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** »> john jackson <jgjacjgjac ©hotmail.com> 9/9/2012 8:01 PM »> Hello Mr. Clayton: I recently received a written notice about the Proposed Recreation Trail in Edgewood Estates Subdivision and was informed in the documentation that written comments will be received by staff prior to 4:00 September 10th, 2012. I wish to provide my comments and ask that you pass this email onto the appropriate staff within the required time frame. I did attend the Public Open House on December 1, 2011 and did send you an email after the Open House concluded. I noticed that a letter from Sonia & Collyn Steckley was included in the documents that accompanied the written notice sent out to homeowners, and also noticed that a copy of my email to you was not included, leaving me to wonder if you received it or you felt that it was not significant. I would like to begin by saying that the letter from Sonia and Collyn, stating that "We, as a community have a petition to oppose the trail ..." does NOT represent the views all Edgewood Estate homeowners, but the views of some 15 homeowners who signed a petition. I noticed that all of the petitioners occupy Tots bordering the woodlot. They are all able to enjoy a full tranquil view of the protected wetlands. I noticed that none of the other homeowners in our Edgewood Estates community agreed to sign the petition. One of the biggest reasons that my family chose to live in this neighbourhood was the opportunity to enjoy the use of the planned receation trail. The trail provides our family with an opportunity to get closer to nature and have an unobstructed view of the protected wetlands. A paved pathway will be easier for City of Niagara Falls staff to maintain and all cyclists, roller bladers and others will have an easier time navigating the path. I believe that a cinder stone pathway could also offer a happy alternative, as long as it is properly maintained over time. Finally, the recreation path was clearly visible to all prospective home buyers in the neighbourhood site plan and we all purchased our lots with this knowledge. I would like to close by thanking staff for recommending that the City proceeds with the design and construction of the recreational trail as we have waited long enough for our trail to become a reality. file: / /C: \Documents and Settings \st212 \Local Settings\ Temp \XPgrpwise \504DAAD6Doma... 9/10/2012 Page 1 of 1 Teresa Fabbro - Re: Edgewood Recreational Trail From: Jeff Claydon To: Andrew Wright Date: 9/10/2012 1:01 PM Subject: Re: Edgewood Recreational Trail Hello. Thank you for the email regarding the proposed Edgewood Recreation Trail. I appreciate your comments and have, as requested, forwarded your email to our Senior staff for this report and information. Regards Jeff Claydon, BLA OALA CSLA Landscape Architect Municipal Works City of Niagara Falls 4310 Queen Street, P.O Box 1023 Niagara Falls, ON L2E 6X5 (905) 356 -7521 ext Fax 289 - 296 -0048 jclaydon(n�niagarafalls.ca »> Andrew Wright <aw6465 @gmail.com> 9/10/2012 11:43 AM »> Hello Jeff, As per our telephone conversations, I would like to let you know that I fully support the building of the walking trail on St. Micheal avenue. I am currently a resident in the Edgewood subdivision. When purchasing our homes in this sub division the builder marketed these trails as a amenity. I myself have been anticipating the completion of this project so as to fully enjoy the parks and trails with my family. As it stands this area is unattractive, unkept and overgrown. I understand that premiums were paid on the lots that back on to the trail and paid as a result of the lot sizes. Prior to making any commitment to build or paying of any premiums we were all aware that the trail was going to be built along this area. I would be more sympathetic to the concerns of my neighbors if the building of the trail was proposed after the fact. Given the number of homes and families in the area as stated in your report, by not building the trail will only satisfy the concerns of the 15 residents that signed the petition and is not in the best interest of the rest of the neighborhood or the community. I am confident that Counsel will make the right decisions and choose to proceed with the project serving in the best interest of all residents. I request that my name and contact information be kept confidential to avoid any tension with my neighbors in the area. Thank you for your efforts, A. Wright file: / /C:ADocuments and Settings \tn206 \Local Settings \Temp \XPgrpwise \504DECBDDom... 9/10/2012 RE: Lundy's Lane BIA: The Lane, in my opinion, has never looked so good: The decorative street signs were installed this summer - black, white and red (the approved colour theme) to match the benches and litter receptacles installed a few years ago. These are found along the entire length of the BIA area. The War of 1812 banners are very appropriate and meaningful, and have been well- received by the public (the Chair led this initiative - I was part of the development team). These too are found along the entire length of the BIA area. The Board's suggestion to continue the black - painted poled between Drummond and Highland westward down the rest of the Lane was approved in the 2012 budget so we have this additional improvement to the streetscaping to look forward to in the near future - again, along the entire length of the BIA area. The proof is in the pudding. Despite the occasional quorum difficulties, and the sniping that seems to be a perpetual ingredient in this BIA, impressive accomplishments are being made. I have watched the Board work very effectively together on matters of key importance to the businesses on the Lane: When the threat arose, late last year, of huge ugly hydro poles being installed in this tourist area (and healthy mature trees being removed to make way for them), the Chair showed very effective leadership. Board members and business people worked extremely well together. This matter still is not fully resolved and I would like to see the focus turn back to this in a timely manner. I've seen Board members fight effectively, side by side, to ensure an adequate level of WEGO service is provided to the Lane. The complaints of communication breakdown that have arisen recently flow both ways. I am willing to work with the parties to address and overcome the problem. I faithfully recorded the complaints at the bitch -fest into which the August 7 meeting devolved, and later questioned the Chair on those complaints. He had satisfactory responses on each matter. What is not included here is my extensive correspondence with the City Clerk in which I reminded him that I had attempted to step off this Board at the beginning of this term. I am there only because no other member of Council would agree to take the appointment. Yes, I've had some difficulties making meetings, but I have remained, despite this, heavily involved. I've been glad I stayed: It has actually been a pleasure working with this term's board, and I've been thrilled with what we've accomplished. Now the situation is descending into infighting and utter turmoil again. The Clerk has not included the correspondence in which I specifically stated that I would continue no longer on this board and asked him to seek a replacement for me at the September 11 meeting. This is not the only agency /board /committee to experience quorum problems. The Edgewood Estate report mention a meeting at which the Park in the City Committee failed to meet quorum - and I know that is a very active, dedicated team. I have a compromise to suggest which I believe will get us out of the current difficulty, which I believe has the potential to become very ugly. My suggestion is this: A 14 member board is a little on the large side. Allow the five whom have been chronically absent to be removed, but do not appoint replacements. Direct the Board to continue for the remainder of this term with only those whom have been in place, attending meetings, and producing effective results. I include among that number Lisa Tokuc, who was appointed at the May General Membership Meeting, has faithfully attended Board meetings since then, and has shown herself to be an excellent addition to the compliment. I am prepared to remain and work with this core group and to address the concerns that have been raised. I have had correspondence with the Clerk regarding Constitutional changes which need to be made to bring the governing document into compliance with the Municipal Act and address other inadequacies, and am prepared to commit to completing the work necessary for that undertaking as well. HATCH Monday, September 10, 2012 HAND DELIVERED The City of Niagara Falls And Members of Council 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Mayor Diodati and Dean lorfida, City Clerk Dear Sirs: RE: Peace Garden at New Park on Queen Street Commemorating the Battle of 1812 We ask that you please present this letter to the Members of Council at the next Committee -of -the Whole meeting, scheduled Tuesday September 11, 2012. OBJECTIVE : Hatch has undertaken extensive renovations to its offices at 4342 Queen Street, directly west of the City Hall building. We will be hosting an open house on Wednesday, October 3, 2012 and would like to align this event with the commemoration of the Battle of 1812 by establishing a Peace Garden as part of the 1812 Bicentennial Project. This initiative is by the Binational Alliance, Arts Councils, Cultural and Heritage Organizations and Community partners throughout the binational Southern Great Lakes Region creates cross - border Peace Gardens. A complete description of this project is attached as Schedule "A ". We here at Hatch believe that in conjunction with the City of Niagara Falls and Members of Council, we could collaboratively join together to make the FIRST Peace Garden in Niagara Falls possible. A cohesive plaque /signage would be erected in the garden at the new unnamed Queen Street Park. It has been confirmed to us by City Park Staff that this park will be completed with a flower garden by September 30, 2012. The plaque would set out that Hatch, The City of Niagara Falls and Members of Council have established a peace garden to demonstrate the peace that has existed between Canada and the United States over the past 200 years. This would make us both the first to become community partners to maintain a Peace Garden, which commemorates the Battle of 1812, in Niagara Falls. Other communities, i.e. Niagara -on- the -Lake and Fort Erie, have already established peace gardens and erected plaques, but to date no one has in the City of Niagara Falls. A complete list of participants and mapping of all other peace gardens are attached as Schedule "B ". HATCH' OFFER We have been advised by City park staff, that the purchase of annuals for this park will cost in the range of $300 to $400 annually. Hatch would like to make a donation to the purchase of annuals in the amount of $500, on an annual basis, in return for the following: 1. Becoming a participant in the Binational Heritage Peace Garden project together with the City of Niagara Falls and Members of Council; 2. Establishing a plaque to reflect participation; 3. Hosting a ceremony with 200 guests at the unnamed Queen Street Park garden site, on Wednesday, October 3, 2012 at 6:00 p.m. 4. Enter into an agreement with the City. The City will continue to implement and maintain the new unnamed Queen Street park peace garden. The City will enter into the Trail Application with the Binational Heritage Peace Garden, a copy of which is attached, as Schedule "C ". WHO WE ARE: Hatch is an engineering company and at this location deal with renewable power energy generated by solar, wind and water. Hatch has over 11,000 employees and employs approximately 250 people at this location. We are a global company and our closest American office to this location would be in Amherst, New York. We have more than 65 offices in countries around the world, including Australia, Brazil, Canada, Chile, South Africa and United States, to name a few. The Anchorage, Alaska office is Hatch's latest addition. We have a vested interest in this initiative and believe there are a number of factors that align both the City of Niagara Falls and Hatch with the Battle of 1812. OTHER FACTORS THAT ALIGN THE CITY OF NIAGARA FALLS AND HATCH TO THE BATTLE OF 1812: 1. Our Open House event is on October 3, 2012 - The Battle of Queenston Heights was the first major battle in the War of 1812 and resulted in a British victory. It took place on October 13, 1812, near Queenston. Almost 200 years to the day. 2. The Muddy Creek Run flowed from west to east through the heart of Niagara Falls (ValleyWay and portion of Queen Street) which ended at the whirlpool area of the Niagara Gorge. Muddy Run was a spring fed creek which overflowed its banks each spring often resulting in severe flooding. In summer, the creek was reduced to nothing more than a series of mud holes and ponds. In 1791, John Donaldson built a sawmill at the edge of the Niagara Gorge where the waters of the Muddy run Creek plunged down to the waters of the Niagara River below. Using a waterwheel device, Donaldson harnessed the waters of the creek to power his mill. Canneries were built along the banks of the creek to utilize its water source for their HATCH- production purposes. This is most significant to us as we work with renewable power generated by water, wind and solar. On the very lands where the present Hatch office is located was once the land where water was used to Dower a mill and the water from the creek was utilized to generate energy for canneries and other business. For more information visit: http:// www. niagarafrontier .com /muddyrun.html 3. After the war, in 1878, the Erie & Niagara Railroad became part of the Canadian Southern Railway. The Canadian Southern Railroad built two railway stations along its route in Niagara Falls. The main station was called the "Clifton Station ". It was a large two storey train station located on Queen Street at Park Street (the parking lot of the former Rosberg's Department Store ), now the location across the street from the new unnamed Queen Street park. The second station was the "Niagara Falls Station" but became known as the famous "Victoria Park Station ". It was located at the top of Ferry Hill (Clifton Hill). OTHER FACTORS: 1. Hatch has 200 expected guests that will be attending the Open House and the ceremony. 2. The City may wish to close a portion of Queen Street, for the purposes of a ceremony, to permit the traffic of 200 people, safely. 3. The ceremony would take place at the new unnamed Queen Street park gardens and would take approximately 15 -20 minutes. 4. The ceremony would include short speeches and an unveiling of the plaque. 5. Mayor Jim Diodati has already accepted an invitation to speak at our Open House, and with this further initiative we would request Mayor Diodati to say a few words. 6. We further wish to extend an invitation to the Members of Council and those individuals you would like to also be present. 7. We invite all participants /guests to our office at 4342 Queen Street for hors d'oeuvres and refreshments, following the ceremony. 8. We have been advised by your City staff that completion of the park includes installation of United States, Canada and Battle of 1812 flags, displayed on approximately 30 foot high permanent poles, which fits well with this initiative. 9. There is no cost to erect the sign. This cost is paid by the Binational Heritage Group. 10. The Binational Heritage Group requires a minimum of two weeks to order /deliver the sign for installation and unveiling. 11. Hatch staff will work with City staff to agree on the proper wording to be inscribed on the plaque. Samples are being provided by the Binational Heritage Group and same will be immediately forwarded to the City for its approval. HATCH' As time is of the essence, all approvals and necessary agreements will need to be finalized by Friday, September 14, 2012, so that Binational Heritage Group has sufficient time to order the plaque for the ceremony. Yours truly, Alan O'Brien Global Director Project Commercial Management c.c. Ms. Arlene White, Executive Director Binational Economic & Tourism Alliance e La • • • • • THE BINATIONAL ALLIANCE Pefcu''''�r The Binational Heritage Peace Garden Trail Project This 1812 Bicentennial Legacy Project is an initiative undertaken by the Binational Alliance, Arts Councils, Cultural and Heritage Organizations and Community partners throughout the binational Southern Great Lakes Region to create a cross - border Peace Garden Trail by the launch of the Bicentennial of the War of 1812 in June 2012. The Peace Garden Trail is designed to attract international visitors as well as residents of this historically - significant cross - border region to experience and enjoy the natural beauty that a garden provides while commemorating the peace that has existed between Canada and the United States over the past 200 years. These Peace Gardens can be new creations or specially designated locations within existing gardens or communities, and will provide artists from various disciplines and community members a space in which to perform and demonstrate their culture and talents: readings, dance, music, painting, sculpture, theatre are all possibilities. The objective is to begin with a minimum of 4 1812 gardens in 2009, and add to these each year leading up to, and throughout the three year celebration of the Bicentennial (2012 to 2014). A cohesive signage and promotional program, along with calendar of events in the various locations, will showcase the trail communities and partners, and ensure distribution of information to local as well as tourist audiences. The community partners involved in this initiative must commit to the design, creation, planting, maintenance, local promotion and cultural programming of their garden in accordance with the Peace Garden guidelines developed. The Binational Alliance is the project lead, strategically directing and growing the initiative throughout the binational Southern Great Lakes region, providing community partners with best practices and instructions as to how to begin their program. The Alliance is responsible for signage and regional and binational promotion of the program to travel trade and the media, soliciting new partners, sponsors and volunteers for the initiative and sourcing new information and resources to assist the communities in their garden development. These efforts will be coordinated within the context of the overall Bicentennial of the War of 1812 programming now being developed. For More Information Contact: Arlene White, Executive Director Binational Economic & Tourism Alliance Cell 905.401.4450 Email arlene.white(a�btapartners.com • C— — q -- E.-■ • ;', •-0, '''t ',..---7■ ., ..... tr. t• n • 0 c.) Z 0 0 C4e) 4 4.,. ...- -4...■ t:0 *.,;) 4-. ;•▪ .; b. '-Z ■•Z • 44-. "44 ,-...1 A... • '• IC • '?.•." L...- ' ,--.. 1"-4, • 0 ■.,--, ',''. , L---) • :4... ,-.... v.1 44... c• ., l',.. .1 "■.,-) r-- 444 '449 • C.C4 Dedication: July 4th 4,4 4.44 0 \ ^..41 rr Dedication: June co co 0▪ 6 • 0 Tecumseh ON Dedication: June 21st Binational Heritage Peace Garden Trail Application July 2012 You are invited to participate in this initiative which will commemorate, celebrate and ensure a lasting legacy to 200 years of peace between the U.S. and Canada through specially designated gardens and cultural programming focusing on the Bicentennial of the War of 1812 in each of the years between 2012 and 2014. Participants in this program will be part of the larger Binational Heritage Peace Garden Trail that is being created to permanently link heritage, architectural and garden landscapes throughout the Southern Great Lake and in other parts of North America. Please review the requirements for participating sites and return the completed form by email or fax to Arlene White as specified below. Further instructions will be provided upon receipt of this information. Arlene.White @btapartners.com Fax 716.856.6754 Tel 716.856.6525 ext 111 Cell 905.401.4450 If you have any questions, please contact Arlene White directly at the numbers or email listed above CRITERION: Physical Attributes 1) Outdoor location accessible to the public 2) Free admission 3) Existing or new garden 4) Provide a clean and safe environment for visitors 5) Minimum 500 square feet garden space 6) Convenient parking nearby 7) Proximity /connection to historic 1812 site* 8) Interpretive signage and /or special markers as agreed to by the steering committee Administration 1) Appoint a site coordinator who will attend required project meetings and is responsible for liaison between project steering committee and site committee. 2) Have or organize a committee responsible for local development, maintenance, marketing, and liaison with other community partners — this includes fund - raising and resource /materials development at the local level to implement and maintain your garden. 3) Agree to pay for those project items that are deemed to be the responsibility of each site, but are purchased in mass quantities to reduce overall costs for all partners. 4) Enlist and train your community members and volunteers with regards to the significance of the project and your site involvement. Page 2 5) Develop programming, with the direction of the steering committee, to be staged at your site in the start -up phase as well as throughout the 2012 to 2014 celebrations. 6) Become informed about the overall project and be able to direct visitors to other participating sites. 7) For joint events, provide a rider or certificate showing that you have liability insurance in place naming the Binational Alliance as additionally insured. Public Liability Limits must be for at least $500,000 each occurrence, $500,000 general aggregate, for bodily injury and property damage. Photocopy to be provided to Binational Alliance prior to any events on site related to this Bicentennial initiative. 8) Provide letters of support for overall project funding proposals as requested by the steering committee. 9) Complete required on -line updates to the micro site provided for your site on the master website. 10) Ensure a representative of your site is in attendance at all major events undertaken by the project steering committee. 11) Participate in tracking methods, event evaluations and report event data by the deadlines provided. Marketing 1) Commit to joint and common marketing under the Bicentennial project plan and themes between 2012 and 2014. 2) Display and distribute all promotional and marketing materials provided to you prior to and during various bicentennial events. 3) Submit all required information for promotional materials by the assigned date. 4) Promote the Binational Heritage Peace Garden Trail through your own institutional materials including but not limited to: newsletters, websites, calendar of events and membership mailings. 5) Add a link to your website to connect the master website to your own for reciprocal promotions. 6) Provide required updates to the steering committee on all local marketing and promotional initiatives your committee undertakes to ensure no duplication of efforts. have reviewed the preliminary site criteria and agree to fulfill these requirements for participation. I will provide all required documentation or updates within specified deadlines. Authorized Officer Name and Title: Authorized Officer Signature: Date: Page 3 YOUR PROJECT DETAILS Garden Name: Bicentennial of War of 1812 Connection /Significance *: Site Name: Site Street Address: Closest Major Intersection: Site Telephone Number: Lead Organization: Website: Public Information Phone Number: Primary Contact Name & Title: Address: Phone: Fax: Email: Site Services (check all that apply): _Parking & Fees: _Cars Buses _Public Transit Proximity To Site: Wayfaring /Directional Signage Distance From Nearest Road _Partial Wheelchair Access Full Wheelchair Access _Washrooms _Non- English Language Services Available (specify) _National Historic Site State/Provincial Historic Site _Gift Shop /Store Facilities _Restaurant _Vending Machines _Meeting Space Baby Change Area _Picnic Area Public Telephone ^Visitor Information /Services Page 4 Description of Your Peace Garden: (include name, location, size, current use, intended design and program offerings, maximum visitor capacity) Planned Launch Date: (month, day, year ie June 15, 2012) Draft Budget — Year One Start Up Costs & Annual Maintenance (through 2014) NOTE: Please include costs for land, plant and decorative materials, human resources, etc. both cash and in -kind. This will ensure accurate reporting of all the donated and volunteer services, as well as to help us get an idea of the common items we can try to obtain through overall project funding. Rough estimates are fine if you are still in early stages of research and development. Expenses Revenues Cash In -Kind Total Partners Involved in Your Peace Garden: list all public, private and non - profit entities who will be involved and their commitment/responsibility in the project (funding, design, donations, planting, maintenance, promotion and programming perspectives) Please continue on additional pages as required and send to Binational Tourism Alliance via email: arlene.white(a�btapartners.com or fax: U.S. 716.856.6754 Binational Herita'e Peace Garden Trail Itluational 1 crllaqu Commander Robert II. Rarclac Commander Robert H. Barclay Peace Garden Captain Other II rd Perry Me Bartle of Lake t:rie - September to. IN t;l Dedicated July 21, 2012 Robert Heriot Barclay Born in Fife, Scotland in 1786, Robert Heriot Barclay was a British naval officer who entered the Royal Navy in 1798. When he was promoted to second Lieutenant of the fifth rate Frigate of the Royal Navy, the HMS Diana that served in the English Channel, Barclay lost his left arm in a battle with a French convoy. In 1813, Barclay was appointed Full Naval Lieutenant. As the Americans had a major command of Lake Ontario, Barclay was ordained to travel to Amherstburg. Having very limited resources, Barclay was still able to reinforce his fleet by constructing a 300 -ton vessel, Detroit. In September of that year, with the weather in favor of Barclay, he sailed from Amherstburg to encounter the American opposition, lead by Captain Oliver Perry, in the Battle of Lake Erie. As the winds reversed, it allowed the Americans to obliterate Barclay's only advantage at being able to tight at longer ranges. Eventually all of the experienced British Senior Officers were killed or critically injured and Barclay was forced to surrender. This defeat led to a court martial where Barclay was acquitted from any misconduct and was later appointed as a Commander on November 1813. In addition to his injury settlement, Barclay received a worthy pension. However, this downfall caused a damage to his reputation and he is best remembered for the Toss to Perry. First Nations Battle of Put -In -Bay Rattle of Lake Erie Building A Binational Legacy: A Permanent Trail Linking Canadian Fd U.S. Heritage, Architectural & Garden Sites ? Events �td O l2 www.BinationalHeritagePeaceGardenTrail.com (9/10/2012) Teresa Fabbro - Fwd: Re: resolution Page 1 From: Dean Iorfida To: Teresa Fabbro Date: 9/10/2012 11:54 AM Subject: Fwd: Re: resolution Add to Additions »> Janice Wing < janice winq @cogeco.ca> 9/7/2012 9:18 PM »> Okay. Here's my second of two resolutions: WHEREAS the Government of Canada has jurisdiction over matters involving Fisheries and Oceans; and WHEREAS, in Canada the capture of whales, dolphins and porpoises (collectively known as cetaceans) from the wild for public display purposes is not allowed, the importation of many cetacean species caught in the wild in other countries (e.g., Russia), and the export of cetaceans currently held in captivity in Canada, is legal and remains essentially unregulated, therefore leaving cetaceans in trade with no legitimate oversight or protection; BE IT RESOLVED that the Council of the City of Niagara Falls call upon the Government of Canada to pass legislation that will properly control and regulate the importation of cetaceans, through permitting, operating standards, an advance public notification and comment process, proper oversight and enforcement, and /or that will prohibit the import and export of cetaceans; and THAT this resolution be circulated to all municipalities in Canada. It lies, I believe, within the realm of the possible. janice On Sep 4, 2012, at 10:52 AM, Dean Iorfida wrote: > Not to get into a lesson on Constitutional law but the Federal > government did not delegate various authorities to the Provincial > governments. The Constitution of Canada divided the responsibilities of > the Government into federal and provincial jurisdictions. It also > provided for the possibility of the provincial governments to delegate > some of its responsibilities to a municipal government. > The Federal responsibilities are as follows: > defence, criminal law, employment insurance, postal service, census, > copyrights, trade regulation, external relations, money and banking, > transportation, citizenship, and Indian affairs. > The Provincial responsibilities are as follows: > property and civil rights, administration of justice, natural resources > and the environment, education, > health, and welfare. > Anything that wasn't identified in the former BNA Act (the > Constitution) in 1867 comes under the power of the Federal government. > The Federal government would not be able to take (back) authorities > away from the Provinces without a constitutional amendment, which I > would argue has almost no possibility of happening. > Resolutions considered by Council should, at least, have some (9/10/2012) Teresa Fabbro - Fwd: Re: resolution Page 2 > possibility of being affected; therefore, I think the resolution as > originally proposed is more appropriate. > Thanks > Dean »» Janice Wing <ianice wing@cogeco.ca> 9/2/2012 1:30 PM »> > Then, let's rework the second resolution that I came up with (the one > beginning "WHEREAS the Government of Canada has jurisdiction over > matters involving Fisheries and Oceans ... "). > It will need to ask as well that the Government of Canada to take back > all or part of the animal welfare oversight it has delegated to the > provinces. > This is actually a brilliant approach. My amended motion should also > request the federal government to do the same with the aspects of human > health care (which it has likewise delegated to the provinces) to > "create a consistent standard coast to coast." > This is going to be really beneficial to us! Let me illustrate: The > population of the Niagara Region was pegged last year at 431,346. The > population of Prince Edward island is currently 145,855. > PEI, with ONE -THIRD of our population, has FIVE hospitals!! These > are: > Prince County Hospital, a 102 bed acute care facility providing > services in surgery, internal medicine, obstetrics, pediatrics, > psychiatry, radiology, pathology, endoscopy, anesthesia, rehabilitation, > oncology, and emergency. > Hillsborough Hospital, the provincial in- patient psychiatric facility, > with 75 beds, provides medical services for individuals who are facing > acute or enduring mental illnesses. > Souris Hospital, an acute care facility with 17 beds. > Stewart Memorial Hospital is a 23 bed combined acute /long term care > rural facility providing acute, convalescent, respite, palliative, long > term care as well as out - patient services. > Kings County Memorial Hospital, a 30 bed acute care rural facility > offering medical services for adults and children, Emergency Services > from 8:OOam - 10:OOpm, lab and x -ray, diagnostic services and acute > palliative care. > Judging by this, we definitely want parity country-wide on all human > and animal health matters so we can enjoy a consistent standard coast to > coast. > My resolution to the Province needs to go as well, however, so that a > response more in the realm of possibility can take place and stand in > the meantime. > janice (9/10/2012) Teresa Fabbro - Fwd: Re: resolution Page 3 > On Sep 2, 2012, at 9:13 AM, Joyce Morocco wrote: » Dean » This is the status quo. » I do not support split jurisdiction or bureaucracy. I believe there > should be one governing body that controls all facets. » Including transportation, operating standards, licensing, oversight > inspections and enforcement » This would create a consistent standard coast to coast.. » Joyce » Councillor Morocco » Cell 905 - 329 -6183 » Original Message » From: Dean Iorfida » To: <ianice wing @cogeco.ca> » Cc: <Council @niagarafalls.ca> Cc: Bart Maves <bartm @niagarafalls.ca> » Cc: Carolynn Ioannoni <ioannoni @niagarafalls.ca> » Cc: Jim Diodati <jdiodati @niaqarafalls.ca> » To: Joyce Morocco <joycemorocco @niagarafalls.ca> » Cc: Janice Wing <jwing @niagarafalls.ca> » Cc: Vince Kerrio <vkerrio@niagarafalls.ca> » Cc: Victor Pietrangelo <vpietrangelo @niagarafalls.ca> » Cc: Wayne Gates <waynegates @niagarafalls.ca> » Cc: Wayne Thomson <wthomson @niagarafalls.ca> » > Sent: 9/1/2012 12:04:18 PM » Subject: Re: resolution » I believe the Feds would deal with legislation related to importation > of sea mammals. The Province would deal with legislation regulating > zoos, aquariums etc. » Original Message » From: Joyce Morocco » To: <janice wing @cogeco.ca> » Cc: <Council @niagarafalls.ca> » Cc: Bart Maves <bartm @niagarafalls.ca> » Cc: Carolynn Ioannoni <ioannoni @niagarafalls.ca> » Cc: Dean Iorfida <diorfida @niagarafalls.ca> » Cc: Jim Diodati <jdiodati @niagarafalls.ca> » Cc: Janice Wing <jwinq @niagarafalls.ca> » Cc: Vince Kerrio <vkerrio @niagarafalls.ca> » Cc: Victor Pietrangelo <vpietrangelo @niagarafalls.ca> » Cc: Wayne Gates <waynegates @niagarafalls.ca> » Cc: Wayne Thomson <wthomson @niagarafalls.ca> » Sent: 9/1/2012 10:02:34 AM » Subject: Re: resolution » Janice » The issue is that our bylaws require domestic pets to be to housed, > fenced or leashed. In short captive. (9/10/2012) Teresa Fabbro - Fwd: Re: resolution Page 4 » If you are letting yours come and go as they please then you are most > likely in violation of said by- law. If so what is the value of laws if > the very people that pass them are the ones violating them? » Finally, I believe your motion is directed to the wrong level of > government. The care of all animals and mammals should be standard > across our country. No one Province should have higher or lower > standards. » For example the Ministry of Oceans and Fisheries is a federal > agency. » Joyce » Councillor Morocco » Cell 905 - 329 -6183 » Original Message » From: Janice Wing < janice wing @cogeco.ca> » Cc: Bart Maves <bartm @niagarafalls.ca> » Cc: Carolynn Ioannoni <ioannoni @niagarafalls.ca> » Cc: <Council @niagarafalls.ca> » Cc: Dean Iorfida <diorfida @niagarafalls.ca> » Cc: Jim Diodati <jdiodati @niagarafalls.ca> » To: Joyce Morocco <joycemorocco @niagarafalls.ca> » Cc: Vince Kerrio <vkerrio @niagarafalls.ca> » Cc: Victor Pietrangelo <vpietrangelo @niagarafalls.ca> » Cc: Wayne Gates <waynegates @niagarafalls.ca> » Cc: Wayne Thomson <wthomson @niagarafalls.ca> » > Sent: 9/1/2012 12:52:48 AM » Subject: Re: resolution » Sorry, but I find myself totally unable to follow your logic. And my > cats already come and go as they please. » On Aug 31, 2012, at 10:33 PM, Joyce Morocco wrote: »> It's like the article I recently read..you better open your doors > and let your cats and dogs free! >» »> JM >» >» > Councillor Morocco »> Cell 905 - 329 -6183 »> Original Message »> From: Janice Wing <janice wing @cogeco.ca> »> To: <Council @niagarafalls.ca> »> Cc: Dean Iorfida <diorfida @niagarafalls.ca> >» > Sent: 8/31/2012 12:51:25 PM »> Subject: resolution ».> »> Hi everyone, »> Carolynn has suggested that I email to you in advance of the > September 11 meeting the resolution I plan to raise under New Business. > Here it is: >>> >» »> WHEREAS current knowledge and understanding of cetaceans and other > sea mammals' physical, social, emotional and environmental needs has (9/10/2012) Teresa Fabbro - Fwd: Re: resolution Page 5 > evolved markedly in recent decades; and >» »> WHEREAS the Province of Ontario has jurisdiction over animal > welfare; and >» »> WHEREAS while The Ontario SPCA Act, Ontario Regulation 60/09 > provides Standards of Care for animals and for wildlife in captivity, > these standards are retroactive, minimal and /or non - specific or vague > and /or subject to a high degree of interpretation, and /or difficult or > impossible to enforce; therefore >» »> BE IT RESOLVED that the Council of the City of Niagara Falls calls > upon the Province of Ontario to enact changes which will require all > zoos, menageries and aquariums to acquire a license to operate, that > will establish mandatory standards of animal management and care, > including provisions to address the physical (including dietary), > environmental, emotional and social needs of captive animals according > to current academic knowledge and understanding of each species' needs, > and human health and safety, and that will require license holders to > satisfy license conditions, regulations and standards. >» >» >» »> 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 permanently delete the original and any > copy from your computer system. » Thank you. > 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. Ma1j1eIjKI September 7, 2012 Mayor Diodati and members of City Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Dean Iorfida, City Clerk Mayor Diodati and Members of Council: Re: September 11 Council Meeing, New Business, Resolution re Zoos, Menageries and Aquariums We understand that a resolution is being proposed under New Business at the September 11, 2012 council meeting regarding enacting changes to the laws governing Zoos, Menageries and Aquariums. As you may already know, Marineland is presently assisting the Canadian Association of Zoos and Aquariums ( "CAZA ") and the Ontario Society for the Prevention of Cruelty to Animals ( "OSPCA ") with their independent inquiries into the health and well being of the animals cared for at Marineland. In connection with those inquiries independent experts from CAZA along with inspectors from the OSPCA conducted a joint inspection of Marineland on August 23, 2012. Following their inspection, the experts from CAZA stated: "No major issues were found." "The cooperation of all of the staff in responding to the committee's questions and making the facility available for their inspection was excellent." "Overall the collection's health looked very good." The experts noted that Marineland's preventative medicine program includes regular veterinary inspections and is comprehensive. 7885 Stanley Avenue, S. / Niagara Falls, ON, Canada L2E 6X8 / 905- 356 -8250 / Fax: 905- 374 -6652 www.marineland.ca -2- In that regard, Marineland employs a full -time veterinarian on staff and an attending veterinarian who attends at least twice a week, and more frequently as needed. In addition, Marineland retains a consulting marine veterinarian expert to provide consulting services to its veterinarian staff. Furthermore, a variety of other veterinarian experts are consulted and retained as needed. Presently, Marineland is assisting CAZA and the OSPCA with their inquiries, which Marineland anticipates will be completed within the month. Following the completion of those inquiries Marineland would welcome the opportunity to more fully consider and respond, if appropriate, to the proposed resolution, in which it has expertise and a clear interest. We understand that in the past it has been Council's position that important matters are deferred where it is appropriate for Council to obtain additional information in order for due consideration of the issue before Council. In the circumstances, Marineland respectfully suggests that the debate of the proposed resolution be deferred by Council until the completion of the OSPCA's and CAZA's inquiries. In the interim, we welcome everyone to visit Marineland and enjoy our Park, confident in the knowledge that all of our animals are well cared for. Please be assured, Marineland, its professional veterinarian staff, and all of its 700 employees, are committed to maintaining the continuing good health of the animals that we collectively care for. Yours Truly, MARINELAND OF CANADA INC. John Holer President and Founder