2003/05/12PLANNIN G/CO UN CIL
MEETING
Monday, May 12, 2003
Order of Business
and Agenda Package
PLANNING MEETING
May '12. 2003
PRAYER: Alderman Paisley Janvary-Pool
O Canada. Ms. Heather Sargeson will sing the National Anthem.
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
Accessibility Awards
PRESENTATIONS
Members of the Mayor's Disability Advisory Committee will be in attendance
requesting that May 24 - 30, 2003 be proclaimed as "National Access Awareness Week".
In addition, presentations will be made to St. Martin's Anglican Church and St. Mary's
Ukranian Catholic Church and Hall for their implementation of barrier-free access.
Brain Injury Awareness
DEPUTATIONS
Ms. Jacqui Graham wishes to address Council regarding Brain Injury Awareness
and request that Council proclaim June, 2003 as "Brain Injury Awareness Month".
2003 Vineyard Cycle Tour
Ms. Lisa Antonio, a member of City team for the 2003 Vineyard Cycle Tour., will
provide information on the 4th Annual Vineyard Cycle Tour, a fund-raising event on behalf
of Heart Niagara Inc.
-2-
Juno Beach Centre
Captain Bill Warshick wishes to provide information on the development of the
Juno Beach Centre, a memorial educational facility recognizing Canada's role in WWlI,
slated to open in Normandy, France this summer.
A Firefiphter's Prayer
Mr. Steve Mclntyre, a volunteer firefighter will address Council with respect to an
initiative that he wishes to bring forward recognizing the efforts of volunteer firefighters.
ITEM NO. 20
PLANNING MATTERS
Public Meeting
Zoning By-law Amendment Application
AM-12/2003, 6320 Pinegrove Avenue
Applicant: Marcia Schwarz
Proposed Bed & Breakfast Accommodation
Background Material:
Recommendation Report: PD-2003-47
- AND -
Correspondence from Mr. Antony Cseh
Correspondence from Regional Niagara, Planning &
Development Department
Correspondence from Caroline E. Gibbs
Correspondence from Ivor & Mary Shaw
ITEM NO. 21
Public Meeting
Zoning By-law Amendment Application
AM-13/2003, 4500 Beechwood Road
Owner: Tim Masterson
Proposed Reduction in Lot Area
-3-
- AND -
Correspondence from Louis Grandoni
Correspondence from Regional Niagara, Planning &
Development Department
Background Material: PD-2003-48
ITEM NO. 22
Public Meeting
Zoning By-law Amendment Application
For a temporary Use By-law
AM-11/2003, 5038 Marshall Road
Applicant: Michael and Joan Stoll
Machine Shop Use
- AND -
Inter-Office Memo from the Development Technologist
Correspondence from Regional Niagara, Planning &
Development Department
Background Material: PD-2003-49
ITEM NO. 23
Public Meeting
Zoning By-law Amendment Application
AM-15/2003, 7750 Netherby Road
Owner: Dale and Joan Koabel
Proposed Reduction in Lot Area
- AND -
Correspondence from Regional Niagara, Planning &
Development Department
Background Material: PD-2003-50
MISCELLANEOUS PLANNING MATTERS
Chief Administrative Officer PD-2003-51, Regulation of Downtown
Bars.
- AND -
Correspondence from Downtown Niagara Falls Board of Management
-4-
Chief Administrative Officer
PD-2003-52, Street Name Change
Request; Roberts Street to Falls Avenue,
Niagara Falls, Ontario.
3. Chief Administrative Officer
- AND -
Resolution
PD-2003-53, Proposed Modifications;
Williams Draft Plan of Subdivision; 26T-
93011 (Revised); Owner: River Realty
Development (1976) Inc.
4. Chair, LACAC
PD-2003-44, Matters Arising from the
Municipal Committee Heritage Committee
(formerly LACAC)
REGULAR COUNCIL
ADOPTION OF MINUTES: Regular Minutes of April 28, 2003.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
=
COMMUNICATIONS AND COMMENTS OF THE CITY 'CLERK
Niagara Health System - Re: Proclamation - requesting that Council proclaim the
week of May 12-18, 2003 as "National Nursing Week" in Niagara Falls.
RECOMMENDATION: That the request be supported.
Victorian Order of Nurses - Re: Proclamation - requesting that Council proclaim
the week of May 19-25, 2003 as "National VON Week".
RECOMMENDATION: That the request be supported.
Rick Hansen, Man in Motion Foundation - Re: Proclamation - requesting that
Council proclaim June 14, 2003 as "Rick Hansen Wheels in Motion Day" in Niagara
Falls.
RECOMMENDATION: That the request be supported.
Forget Me Not Niagara - Re: Proclamations for The Alzheimer Society of
Niagara Region - requesting that 1) Council proclaim Friday, May 30, 2003 as
"Alzheimer Society of Niagara Region Awareness Day; 2) Council proclaim
Saturday, May 31,2003 as "Pierre Burton Day"; 3) Council proclaim Sunday, June
1, 2003 as "Niagara Region Appreciation Day".
RECOMMENDATION: That the requests be supported.
-5-
Ontario Early Years Centre, Niagara Falls - Re: Safe Kids Week, June 2-8, 2003
- advising Council of their initiative and requesting funding for two waste d umpsters.
RECOMMENDATION: For the consideration of Council.
Se
The Niagara Parks Commission - Re: 2003 Summer Fireworks Displays -
requesting permission to carry out fireworks displays every Friday and Sunday from
May 16t~ to August 31st, 2003; and on Victoria Day, Memorial Day, July 1st and July
4t~ , 2003; and every Friday throughout September., 2003. The fireworks will be
launched in the Niagara Gorge between the Maid of the Mist Steamship Company
and the Ontario Power Station.
RECOMMENDATION: That the request be approved subject to established policy.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
1. ChiefAdministrative Officer CD-2003-12, Amendmenttothe Municipal Event
Calendar and Allocation of Bingo Events.
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
(Alderman Wayne Campbell, Chair)
MUNICIPAL WORKS MATTERS
1. Chief Administrative Officer
MW-2003-90, Appoint a Consulting Engineer for
Detail Design of Casino Road.
CONSENTAGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL
ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE
MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED
OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
1. MW-2003-88 - Dorchester Road Rehabilitation between Mountain Road and Isaac Street;
2. MW-2003-92, Lease to the Niagara Regional Police;
3. R-2003-3E, Shrub Beds Maintenance in Various City Parks;
4. FS-2003-07, Purchase & Installation of Computer-Aided Dispatch Software
-6-
5. L-2003-35, Peterson Community Workshop Association (Chippawa) & The Corp. of the City of Niagara Falls - Lease Agreement;
6. L-2003-36, Municipal Freedom of Information Appeal Request for Resumes for Clerk's Position.
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for
Council consideration.
2003-94
To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on
City roads (Heavy Vehicle Restriction)
2003-95
To amend by-law No. 79-200, to add a convenience store, a coffee shop, a
personal service shop and a retail store as permitted uses on lands zoned LI and
to repeal By-law No. 2003-36. (Re: AM-08/2003, 8240 McLeod Road)
2003-96
To amend By-law No. 2002-081, being a by-law to appoint City employees, agents
and third parties for the enforcement of provincial or municipal by-laws.
2003-97
(HANDOUT) To amend By-law No. 79-200, to permit all of the required parking for
certain lands to be provided off-site. (Re: AM-02/2003 6505 Fallsview Boulevard)
2003-98
(HANDOUT) To amend By-law No. 79-200, to permit a single detached dwelling to
be used as a tourist home. (Re: AM-09/2003, 4601 Second Avenue)
2003-99
(HANDOUT) To set and levy the rates of taxation.
2003-100 To authorize monies for General Purposes (May 12th, 2003)
2003-101
To adopt, rati~ and confirm the actions of City Councilatits meeting held onthe
12th day of May, 2003.
NEW BUSINESS
Niagara Region Acquired Brain Injury Support Network.
Brain Injury Community Re-entry (Niagara) In¢, Ontario Brain Injury Association, Headway
Homes (Niagara) Inc, Head Injury Association of Fort Erie, Brain Injury Association of
Niagara, Acquired Brain Injury Outreach Network, Anagram Premier
JUNE IS BRAIN INJURY AWARENESS MONTH
Brain Injury Can Hurt Foreverl That is the message for Brain Injury Awareness during the
month of June in Canada.
Everyday we read in the newspaper about crashes, assaults, and fa~ls, but rarely do we hear about
the aftermath. Many people do not return to their pre-injury lives once they leave the hospital. Over
the last 15 years, medical advancements have greatly increased the chances of surviving a brain
injury- but the story does not end there. Many individuals are left with life-long physical and
cognitive problems, particularly following a coma. Every year over 6,000 Canadians become
permanently disabled after sustaining a blow to the head.
My name is Jacqui and my story is just one in many who have totally had to readjust their lives
because of brain injury. Unlike many individuals I have chosen to pass the important message of
brain injury on to those in the population who can benefit, so that awareness becomes prevention.
In 1985 I sustained a brain injury from a car crash blamed on black ice. 18 years ago the prognosis
was that with the injuries I had sustained I wouldn't have survived the night. But after spending two
weeks in a coma, I spent the next two weeks coming back. Once part of the world again the
prognosis was that I was paralyzed on my right side and could no longer walk or talk. Thus began
my rapid but intense recovery. A never-ending struggle that I deal with even today.
At the time, not much was know about the permanency of brain injury and its innosycracies, I was
told that I would make a 98% recovery. But that was just not to be. Based on that information I
made a lot of life altering decisions that were later rescinded. Basically, my life changed
dramatically forever!
However since that time I have dedicated my life to increasing people's awareness of this
"invisible" disability, brain injury. The need for true understanding and awareness is paramount to
me now.
Due to this rather abrupt lifestyle change that I incurred, brain injury associations and other related
groups all across Ontario and Canada are scheduling awareness events in the month of June. Our
kick off event is located in the city of Niagara Falls "Evening In The Park' is scheduled for June
6, 2003 at Optimist Park, 5pm to 10pm.
For further information about this event and other scheduled events please contact Brain Injury
Community ReEntry at (905) 687-6788.
Brain Injury Can Hurt Forever!
Telephone: 905.687.6788 or 1.800.996.8796
Niagara Region Acquired Brain Injury Support Network.
Brain Injury Community Re-entry (Niagara) Inc, Ontario Brain Injury Association, Headway
Homes (Niagara) Inc, Head Injury Association of Fort Erie, Brain Injury Association of
Niagara, Acquired Brain Injury Outreach Network, Anagram Premier
BRAIN INJURY CAN HURT FOREVER!
Brain injury lasts forever. It kills 11,000 Canadians each year. It is the leading cause of death and
disability for Canadians under the age of 45. It puts NHL hockey players out of business. It derails
academic and employment careers. It destroys personalities and can sever marriage ties. It can
frequently rob people of memory, sleep, and the taste of wonderful food. It creates fatigue and can
damage the ability to cope with everyday tasks and to relate appropriately to other people (even
family members). It can cause headaches, chronic pain and even problems speaking. It costs one
billion dollars annually in Ontario.
BRAIN INJURY CAN BE PREVENTED!
Precautions such as the proper use of seatbelts, child car seats, correctly-fitting bicycle helmets
and the avoidance of alcohol use while operating motor vehicles can go a long way towards
prevention of brain injury. So can the proper treatment of athletes who have suffered concussions.
It takes very little effort and expense to exercise caution. The consequences of brain injury, by no
comparison, are very costly, both in human and financial terms. No one can afford not to take care
of the brain, the one organ in the body that controls all other organs and the very essence of who
we are as humans.
Brain Injury Can Hurt Forever!
Telephone: 905.687.6788 or 1.800.996.8796
Niagara Region Acquired.Brain lnjurySuppm't NeOvork.
Brain Injury Cr~.~.~[y Rc-mUy (Ni~ra) Inc, Ontario Brain Injury Assoch~, H~dway
Homes (Nicaea) Inc, Head Injury Association of Fort ~ Brain Injury Association of
Information about Acquired Brain Injury
ESTIMATED INCIDENCEOFTRAUMATIC BRAIN INJURY IN
NIAGARA (Region)
Total Population
426,350*
To~,i # of Brain Injuries
# Seeking Medimal Attention
Total Mild
To&i Moderate
Died In Hospital
Total Severn
Dind In Hospital
Total Dead on Arrival
Total Died In Hospital
1,152
1,024
850
86
6
88
61
128
57
ESTIMATED INCIDENCE OF TRAUMATIC BRAIN INJURY IN
ONTARIO
Total # of Brain Injuries
# SeekJng Medical Atlenflon
Total Mild
Total Moderate
Died In Hospital
Total Severe
Died in Hospital
Total Dead on Arrival
Total Died in Hospital
Total Population
11,816,100'
18,518
14,973
12,046
1,317
92
1,610
934
3,545
1,026
*Based on Statistics Canada 2001 Population E,~t.
Br~a Injury Can Hurt Forev~!
T~lephon~: 905.687.6788 or 1.800.996.8796
May. b. ZUU3 8:b~AM
5~73 Not~ Strut
HEAHI NIAGARA
No,Ulll P, I/1
He ar~Ip,G. FflLL:: CLER :,S '0.3 05':)5 09:49
NIAGARA Pho. t.o )3ss.m2
Fax (908) 359-6033
www.hearmiagara.com Email: inf0~hcannjegara, com
May 5, 2003
VIA FACSIMILE: 905-356-9083
Clerk's Department
City of Niagara Falls
Heart Niagara Inc. would like the opportunity to introduce the 2003 Vineyard Cycle Tour to Council and Staff
on May ~,, 2003 at the Council meeting.
Our volunteers would like to discuss and thank the municipality for its ongoing support ofthls event. Heart
Niagara will provide 24 packages by Thursday, Maybe?. so the information will be included in Council
packages prior to the presentation.
The dollars raised thxough sponsorship, registration and pledges at the 2003 Vineyard Cycle Tour on Sunday,
June 1, 2003 will go directly to offset program costs in the Grade Nine Hea~ Healthy Schools Program. The
program is delivered in partnership with the District School Board of Niagara, the Niagara Catholic District
School Board and Regional Niagara Public Health Department, a partnership which gives Heart Niagara Inc.
the ability to deliver fitness, lifestyle and cholesterol education and CPR training to over 4,300 students each
year. Heart Niagara receives many requests to increase programs of CPR and lifestyle education to other
grades. Your support will increase Heart Niagara's ability to expand programming.
Heart Niagara Inc. is a regional non-profit registered charity, dedicated to providing community cardiovascular
health promotion and community preparedness in the Niagara Region. Our mission is the teaching of
prevention, treatment and rehabilitation of cardiovascular disease to the citizens and medical personnel of
Niagara throughprograrns of public education, cardiac rehabilitation, and health pmmotion. These programs
are £mancially responsible by ~ing every resource our community has to offer, focusing on effective service
delivery in a cost efficient manner.
Sincerely,
~ Provtding Community Coronary Care Programs
~ ' to the Niagara Region for over 2$years
Charl~ble Registration Number 107473316RP0001
3UNO'
BEA£H
CENTRE
FriLLS L:LERKS ' ')3 04~1 ~.'1_:0~
March 1, 2003
Mayor Wayne Thomson
City of Niagara Falls
P.O. Box 1023
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Dear Wayne,
The challenge is now out for each Canadian city to reco~i?e those who served in World
War II from their community and many who lost their lives.
The Group Brick Program gives cities that opportunity. The cost is $2,500. anc[itallaws
. municipalities to write their own text. and also to be reco~iTed by their Coat of Arms or
other display. The Group bricks am 4½ inches high by 5 ~ inches long and cam/eight
lines of text. They will be mounted on Memorial Brick Kiosks at the site of the Centn~
,and the Group Bricks will also appear on our web site.
Your city was a critical part of Canadian involvement in WW II and can now be a
participating partner in this long overdue memorial and education facility.
The Juno Beach Centre is a memorial education facility that is presently under
construction to honour the sacrifices made by all Canadians in WW II including those in
uniform in all theaters of war and the hundreds of thousands of Canadians supporting the
war erfurt at home. The Centre
will open on the Normandy coast of France on June 6, 2003 less fhan six months away.
This memorial is being built through the effort of a dedicated group of WW II veterans
and their supporters. The project is being undertaken by the Juno Beach Centre
Association, a non-profit organization, governed by a volunteer and unpaid Board of
DSmetors.
Of particular note is the very strong support the Board has received to date from
communities, towns and cities across Canada. Towns and cities where so many families,
sons and daughters volunteered to meet the tremendous challenges and sacrifices that
were asked of Canada and Canadians during WW II
Juno Beach Centre Association - 24-2407 Woodward Avenu.e, Burlington, Ontario, L7R 432
Telephone: 1-877-828-JUN0 Fax # (905) 333-0233 Email: lisecooper~cogeco.ca
A special feature of the Centre and a visual highlight will be the Court-yard where the
flags of each of Canada's provinces will fly recognizing the contributions of Canadians
from each province.
Three provinces Alberta, Ontario and Nova Scotia are assisting with significant
contributions, and we expect the others will also participate.
The total cost for building the Juno Beach Centre is $8.1 million. To date $7 million of
- - 'the required amount hi/s be6~ ~sedi The ~ng $i~1 miIli0n mUSt be ~sed in the
immediate months ahead. Donations are gratefully accepted in any amount and we ask
for your support.
Attached is an information brochure which describes other features of the project and our
most recent Progress Update. Additional information is available at www.junobeach.org.
Captain Bill Warshick will be calling to arrange for a presentation to your Finance
Committee.
Thank you for your consideration.
Yours very truly,
Garth Webb
President
Cc Captain Bill Warshicj
~UNO
BEACH
CENTRE
www.junobeach.org
Model - Ceremonial Area View
Normandy, France
www. chambedain-online.corn
Fast asleep I lay in a sheltered dream,
awoken by a beeping scream.
A voice comes from within the room,
bellowing out impending doom.
Shaken and bothered I search for clothes,
thinking selfishly" I hope its no one I know".
I rush to the car, and put it in gear,
a forethought of sadness, anticipation and fear.
I arrive at the hall barely awake,
knots in my stomach and muscles that ache.
Through the doors of the hall I enter in,
scrambling men I see within.
Now awake from that slumbering sleep,
aware of my roll and the duty I must keep.
Getting my gear, is my flint rush,
and all that time I hear a quite hush.
Each man runs toward a truck,
with grace and precision, there is no luck.
With all of our training I begin to see,
what each mans job means to me.
Out the bay doom the trucks respond,
now only three minutes has elapsed and gone.
Chatting in the truck kept on the job ahead,
all wondering if the call is for the living or the dead.
We arrive with speed, accure cy and grace,
to finally confront what we need to face.
A glimmer of hope on the faces of the loved ones there,
knowing that we have arrived to give the finest of care.
We do all we can when we arrive,
all that's humanly possible to keep that soul alive.
Sometimes we win and sometimes we loose,
but to be there for the battle is what we choose.
And every moment in every way,
we carry on a regular day.
Many men and woman work in our hall.
all from different walks of life they answer the call.
Corporate Services Department
PD-2003-47
The City of
Niagara FallsI
Canada
Planning & Development
4310 Queen Street
P~O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.cityntagarafalls.on.ca
Doug Darbyson
Director
Tel.:
Fax:
E-maih
(905) 356-7521
(905) 356-2354
pianning@city.niagarafalls .on .ca
May 12, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re,*
PD-2003-47, Zoning By-law Amendment Application
AM-12/2003, 6320 Finegrove Avenue
Applicant: Marcia Schwarz
Proposed Bed & Breakfast Accommodation
RECOMMENDATION:
It is recommended that:
1)
Council approve the requested Zoning By-law amendment application to permit the existing
single detached dwelling at 6320 Pinegrove Avenue to be used as a tourist home (bed and
breakfast accommodation) conta'ming no more than three bedrooms for tourists;
2) the amending by-law be restricted to Lots 133, 134 and 135 of Registered Plan 315;
3)
4)
the amending zoning by-law contain provisions permitting parking in the front yard subject
to the development standards outlined in this report; and
a ~ 15 ~ me~'~ me~ight'~i~gle a~11~ou~ co~e'~J~a~
d p' o ' b .
BACKGROUND:
An amendment to Zoning By-law No. 79-200 has been requested to permit an existing single
detached dwelling at 6320 Pinegrove Avenue (see Schedule 1) to be used as a tourist home (bed &
breakfast) containing up to three bedrooms for tourists. Schedule 2 shows details of the development
as originally proposed. After discussions with staff, parking was moved to the east of the driveway
off Murray Street, behind an existing wood fence, to help maintain the residential character of
Murray Street. Details of this revised parking layout are shown as Schedule 3.
The land is currently zoned Residential Single Family 1E Density (R1E). The R1E zoning is
requested to be amended site specifically to permit the dwelling on the land to be used as a tourist
home containing up to three bedrooms for tourists.
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems Legal Planning & Development
May 12, 2003 - 2 - PD-2003-47
Surrounding Land Uses
The subject land is adjacent to low density residential dwellings to the west and north, and low-rise
apartment dwellings to the east and southeast.
Circulation Comments
Information regarding this application was circulated to City departments, government agencies and
the public for comment. The following have been received.
Municipal Works
To facilitate a safe intersection, a 15 foot x 15
foot (4.5 metre x 4.5 metre) daylighting triangle
is requested to be dedicated to the City at the
southwest comer of the property, abutting
Pinegrove Avenue and Murray Street.
Regional Municipality o fNiagara
The land lies within the Niagara Falls Urban
Area Boundary according to the Regional Policy
Plan. The proposed bed and breakfast
establishment appears to be a small-scale home
occupation use that would not have a detrimental
impact on the surrounding area. The Region is
not opposed to the approval of the proposed
Zoning By-law amendment from either a
Regional or Provincial planning perspective.
· Parks, Recreation & Culture
No objection
Two letters have been received from area residents which are included in Council's agenda. One
resident is opposed to the proposal. The other seeks assurance that sufficient on-site parking will
be provided.
Planning Review
The following is a summary of staff's assessment of the application.
1. The proposal complies with the intent and purpose of the Official Plan.
The subject lands are designated Residential in the Official Plan. Lands under this
designation are intended to be used primarily for dwelling units. Bed and breakfast
accommodations are permitted within owner-occupied homes where they are considered to
be compatible with the residential neighbourhood. Establishment of these facilities is to be
regulated as to their location, size and traffic generation to minimize potential disturbances
to adjacent properties and to protect the character and identity of the overall neighbourhood.
The proposed bed and breakfast conforms with the Official Plan as follows:
There is convenient access to nearby tourist districts via Murray Street and
Drummond Road.
May 12, 2003 - 3 - PD-2003-47
The property is large enough to provide the required parking while maintaining a
large amount of amenity space.
The residential character of the property and the neighbourhood will be maintained.
The bed and breakfast with three bedrooms for tourists would generate minimal
traffic.
2. The requested amendment is appropriate for the site.
The property is zoned R1E. The applicant has requested site specific provisions to be added
to the R1E zoning to permit a three-room bed and breakfast. The dwelling would continue
to conform with the intent of the existing zoning and would be maintained in a manner that
is appropriate with the surrounding area.
A total of four parking spaces are proposed to be provided which would satisfy the City's
parking requirements. Although the parking is to be located at the side of the house, it is
technically located in the front yard. To ensure the residential character of the property and
the extensive landscaping at the southwest comer of the property is protected, it is
recommended that the parking be relocated on the east side of the driveway behind an
existing fence as shown on the revised site plan (Schedule 3). This would preserve the
existing landscaping and screen the parking from the street. This should be addressed in the
mending by-law.
Although the bed and breakfast use was originally requested for Lots 132 to 135 inclusive
of Registered Plan 315, the owner has requested the amending by-law not include Lot 132.
As can be seen from Schedule 3, attached, the dwelling is not located on Lot 132 and there
is ample room left for the bed and breakfast use if Lot 132 is not included. The owner has
indicated he may develop Lot 132 in the future for a dweiling under the current zoning.
Leaving Lot 132 out of the zoning by-law avoids the possibility of a second bed and
breakfast being established without Council consideration. Additionally, the owner then
would be allowed to develop a dwelling under current zoning provisions on this lot.
3. Municipal Works Concerns
The requested daylighting triangle would normally be secured through Site Plan Control.
However, bed and breakfasts are not typically subject to Site Plan Control. In lieu of putting
this proposal through Site Plan Control, it is recommended that the daylighting triangle be
dedicated to the City prior to adoption of the amending by-law.
CONCLUSION:
The requested amendment can be supported for the following reasons:
1. The proposal is within the intent and purpose of the Official Plan respecting bed and
breakfast accommodations.
May 12, 2003 - 4 - PD-2003-47
3.
4.
5.
Prepared by:
Andrew Bryce
Planner 2
The site is easily accessible to major roads and tourist areas.
There is sufficient lot area for parking and amenity space.
The residential character of the property will be maintained.
Relocation of the proposed parking eastward behind the existing fence would help preserve
the residential character of the neighbourhood.
strative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
Attach.
SSPDR~2003~PD200347, AM-124)3, 6320 Pinegrove Ave.wpd
Recommended by:
Doug Darlsyson
Director of Planning & Development
SCHEDULE 1
LOCATION MAP
Subject Property
Location:
Amending Zoning By-law No. 79-200
6320 Pine Grove Avenue
AM- 12/2003
Applicant: Marcia Schwarz
1 :NTS
Apl12003
RIE'
ia/os.
RECEIVED
~4AR 2 ! ~i~3
SCHEDULE 3
lq.~, o~
I'
DRAWINGS & SPECIFICATIONS.
PRIOR TO CONSTRUCTION, REVIEW ALL DOCUMENTS
I~UED ~D R~RTTO D~OPER ~Y DiGCREPENCiES.
- 12 / ;zoo.~
RECEIVED
APR 2 ~ 2003
PLANNING
&~DEVELOPMENT
?~ ~
April 28, 2003
PLANNING AND DEVELOPMENT DEPARTMENT
The Rag ona Municlpali[y of Niagara r-----,-~-
3550 Schmon Parkway, P.O. Box 1042
Thorold, Ontario L2V 4T7
Telephone; (905)984-3630
Fax: (905) 641-5208
E-mail: plan@regional,niagara,on,ca
Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
Feuille~s de transmission par t~lgcopieur
Post-~{' F{Ix Note ?s?m
RE: Zoning By-law Amendment Application
6320 Pinegrove Avenue
Marcia $chwa~
City of Niagara Falls
your File: AM.t2/2003
This application proposes to amend the City's Zoning By-law to allow an existing single
detached dwelling to be used as a tourist home (bed and breakfast) containing up to
three bedrooms for tourists.
This site is within the Niagara Falls Urban Area Boundary according to the Regional
Policy Plan and designated Residential in the City's Official Plan. The proposed bed
and breakfast establishment appears to be a small scale home occupation use that will
be provided within an existing residence. In this regard, it should be compatible with
surrounding residential uses. The City may have more specific requirements that
should be regarded, particularly with respect to the prevision of additional parking.
Regional Planning staff would not be opposed to the approval of the proposed Zoning
By-law amendment from either a Regional or Provincial planning perspective.
Please send notice of City Council's decision on this application,
Yours truly,
David J. Farley
Director of Planning Services
Councitlor Bill Smeaton
M:\MSWORD\PC~NFzbla\6320 Pinegr0ve $c~w'arz.doo
RECEIVED
APR 2 9 2003
PLANNING
& DEVELOPMENT
RECEIVED
2003
PLANNING
& DEVELOPMENT
From:
To:
Date:
Subject:
Mary Shaw <myshaw@earthlink.net>
<planning@city.niagarafalls .on .ca>
5/7/03 8:27PM
AM-12/2003 6320 Pinegrove Avenue, Zoning Amendment Application
City Council,
City of Niagara Falls
Mr. Doug Darbyson, MCIP, RPP
Director of Planning & Development
Dear Sirs:
write to express our total objection to the above application.
Rather than ANY CHANGES, maintaining residential single family density and
R1E-maximization of our area is key to our properly values being supported,
and to maintaining the appropriate separation from the tourist structures,
and the commercial perimeter existing at Main Street, Drummond Road, and
Murray south side. Our area has a long history as is - there is no benefit
to the residents to change it for the profit motives of one individual,
through converting these majestic older homes in the area into tourism, or
rental, properties.
This is a family area, with limited Parks. Narrow roads in general are used
by the children to play - incompatible with tourism. The architecture and
historic import of our area should be preserved and enhanced by
preservation, protection and provision of parkland and the elimination of
non-local family car travel.
Please copy this communication to the council members and Janice Wing and
Klm Craitor who represent and understand this area,
Creeping zone changes - ANY CHANGES - must be turned down for the residents
of our area, particulary with the new Casino and hotels. The precedent
desired by all the residents is to PRESERVE OUR TRANQUILITY, family area and
investment by refusing this application - please keep development where it
has been zoned for and in accord with the long standing desire of all area
homeowners and taxpayers.
Sincrely:
Ivor Shaw
Mary Shaw, and
Family of
6280 Dawlish Avenue,
Niagara Falls, Ontario.
CC: <kimc@city.niagarafalls.on.ca>, <jwing@city,niagarafalls.on.ca>
Corporate Services Department
PD-2003-48
T ..... //4, , Planning & Development
ne c,y 4310 Queen Street
NiagaraFa,sllB ' P.o. Box 4023
Canada Niagara Falls, ON L2E 6X5
web s~te: www.c~ty.magarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
Doug Darbyson
Director
May 12, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-48, Zoning By-law Amendment Application
AM-13/2003, 4500 Beechwood Road
Owner: Tim Masterson
Proposed Reduction in Lot Area
RECOMMENDATION:
It is recommended that:
1)
Council approve the Zoning By-law amendment application to reduce the required lot area
for 4500 Beechwood Road f~om 39.5 acres (18 hectares) to 26.6 acres (10.7 hectares) in
order to permit the land to be severed into two lots; and
2)
the amending by-law contain provisions prohibiting a dwelling on the severed lot until the
proposed embryo transfer operation is established.
BACKGROUND:
An amendment to Zoning By-law No. 79-200 has been requested for land known as 4500
Beechwood Road (see Schedule 1) to reduce the required lot area to meet a cond/tion of the
severance granted for the lands. Refer to Schedule 2 for the details of the development.
The land is currently zoned Agricultural (A). The A zoning is requested to be amended site
specifically to reduce the required lot area fi:om 39.5 acres (16 hectares) to 26.6 acres (10.7 hectares)
in order to permit the land to be severed into two lots.
In 2001, a severance was approved in principle by the Committee of Adjustment to create the two
lots shown on Schedule 2 (B54/2001/NF). As the City's Official Plan does not contemplate consents
to create smaller farm parcels, Planning staff did not support the application. The Regional
Municipality of Niagara appealed the proposal on the basis that the application did not meet the
Regional Official Plan policies. The Region's opinion was that the consent would affect the viability
of agricultural operations on the property. Subsequent to this appeal, the Region and the applicant
executed an agreement to ensure the use of the severed parcel for an agricultural operation, and the
Region withdrew their appeal.
l~Vorking Together to Serve Our Community
Clerks · Finance Human Resources Information Systems Legal · Planning & Development
May 12, 2003 - 2 - PD-2003-48
As the consent has been approved in principle, this report intends to address the appropriateness of
the lot reduction requested in this application, and not review the appropriateness of the consent.
Surrounding Land Uses
The land is surrounded by rural uses, including a golf course to the west, a hydro corridor to the
north, agricultural uses to the east, and a number of single detached dwellings.
Circulation Comments
Information regarding this application was circulated to City departments, government agencies and
the public for comment. The following have been received:
Regional Municipality of Niagara
The Region originally appealed the
Committee of Adjustment decision to approve
the related consent application. However, the
applicant provided a farm business plan for a
proposed embryo transfer operation, and the
Region withdrew its appeal.
The Regional Policy Plan allows small lot
severances for intensive farms of agriculture
provided that any new dwelling be allowed
only after associated farm buildings have been
constructed.
Request that the amending by-law contain the
following provision to ensure conformity with
Regional and Provincial policies:
"That an agricultural use for an embryo
transfer operation be completed to the
satisfaction of the Regional Planning and
Development Department prior to the issuance
of a building permit for a dwelling on Part 1."
Municipal Works
There are no concerns with the application. It
is noted that there are no municipal services
for development.
Parks, Recreation & Culture
No objections.
Planning Analysis
1. The proposal conforms to the Official Plan.
The Official Plan designates the land Good General Agricultural. This designation aims to
maintain the viability of farming operations, to restrict the establishment of non-farm uses
and to minimize land use conflicts in favour of aghculture. The main permitted uses are a
variety of aghcultural operations and farm related residential dwellings.
May 12, 2003 - 3 - PD-2003-48
To address the appeal by the Region, the applicant submitted a business plan for an embryo
transfer operation (for the raising of cattle) to be located in a barn on the severed parcel.
Although the Region had some reservations about the future viability of the smaller lots for
agriculture, the Region accepted the business plan and entered into an agreement with the
applicant to ensure the embryo transfer operation is established prior to construction of a
dwelling.
The applicant has demonstrated that a viable agriculture operation could successfully be
established on the severed and retained portions and the lot area reduction should not
interfere with this operation. Therefore, the application meets the general intent of the
Official Plan to maintain viable agricultural operations in the Good General Agriculture
designation.
2. The requested amendment is appropriate for the site.
The property is zoned A. The applicant has requested the lot area requirement be reduced
to 26.6 acres (10.7 hectares). No other changes are proposed to the development standards
and setbacks.
As the basis of the Regional approval is the establishment o fan embryo transfer operation,
it is recommended that the mending by-law contain provisions requiring the establishment
of this embryo transfer operation prior to any building permit issuance for an accessory single
detached dwelling. This control would ensure that a dwelling is not established without an
agricultural use, thereby maintaining the agricultural use of the property.
CONCLUSION:
The requested amendment can be supported for the following reasons:
The applicant has demonstrated that a viable agricultural operation can be established on the
smaller lots and, therefore, the application is consistent with Official Plan intent to preserve
agricultural land and promote viable agricultural operations.
The recommended zoning controls will ensure a dwelling is accessory to agricultural
operations on the lands and maintain the intent of the Official Plan and Regional policies.
Andrew Bryce
Planner 2
R~[~jT~ectfully submitted:
T. Ravenda
Executive Director of Corporate Services
Recommended by:
Doug D~yson
Director of Planning & Development
Attach.
S:kPDRk2003kPD2003 -48, AM-13-03, 4500 Beechwood Road,wpd
Mapproved by: /
cDo a
//Chief Administrative Officer
SCHEDULE 1
LOCATION MAP
Subject Property
Location:
Amending Zoning By-law No. 79-200
4500 Beechwood Road
AM- 13/2003
Applicant: Tim Masterson
I :NTS
IMPERIAL NOTE
DISTANC£$ SHOWN O~ TH~S pLAN ARE IN F~IET AND CAN
limited
jRECEIVEDI
MAR 2 ~ 2003 J
REGIONAL MUNICIPALITY OF' NIAGARA
PLANNING
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3.550 ~chmon Parkway, P.O. Box t042
Thorald, Ontario L2V 4T7 I~=~Scanned
Telephone: {9OS) 084-3630
E-maih plan@ragionaLniagara.on.ca
May 6, 2003
Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
File: D.10.M.11,23
Fguillcts cie transmission par ~,lgcopieur
Post-}t', Fax Note 7671
Dear Mr. Darbyson:
RE: Zoning By-law Amendment Application
East Side of Beechwood Road, South of Thorold Stone Road (Regional
Road 57)
Tim Masterson
City of Niagara Falls
Your File: AM-t 312003
This application proposes to amend the City's Zoning By-law to reduce the minimum lot
area requirement from 16 hectares (39.5 acres) to 10.7 hectares (26.6 acre) for lands
zoned Agricultural (A). The rezoning is necessary to fulfill a condition of approval for a
consent application (B54/2001/NF) to split the subject farm parcel.
These lands are situated outside of the Region's Urban Area Boundary for Niagara Falls
and shown as a Good General Agricultural Area according to the Regional Policy Plan.
The Region originally appealed the Committee of Adjustment's decision to approve the
related consent application. However, the applicant provided a farm business plan for a
proposed embryo transfer operation to consist of one donor Holstein cow and between
35 to 37 recipient cows. Policy 9.A.9(e) of the Regional Policy Plan allows small lot
severances for intensive forms of agriculture subject to a condition that any new
dwelling is only allowed after the associated farm buildings have been constructed or
substantially completed. As a result, the Region withdrew its appeal once the applicant
entered into an agreement to require the establishment of the proposed agricultural
operation prior to the construction of a dwelling on the severed lands described as Part
I on Schedule 2. A similar provision should be included in the amending zoning by-law
to ensure that this agricultural operation is developed in accordance with the agreement
intended to address Regional and Provincial interests. R EC E IV E D
MAY 0 6 2003
PLANNING
& DEVELOPMENT
2
For these reasons, Regional Planning staff would not be opposed to the approval of the
proposed Zoning By-law amendment from either a Regional or Provincial planning
perspective subject to the inclusion of the following zoning provision for the lands
described as Part 1 on Schedule 2:
"That an agricultural use for an embryo transfer operation be completed to the
satisfaction of the Regional Planning and Development Deparfment prior to the
issuance ora building permit for a dwelling on Pad 1,"
Please send notice of City Council's decision on this application,
Yours truly,
David J. F
Director of Planning Services
C:
Councillor Bill Smeatofl
Bill Stevens, Regional Public Works
M:ffvlSWORD~PC~IFzbia\4500 Beechwood Rd Masterson,doc
Corporate Services Department
PD-2003-49
Planning & Development
A ,-,a,. -~ jj& , 4310 Queen Street
Th~ ~.y u~
~cN IQQn~Q~J~! ~e~Ob~:~ti:F: I~cItyL' 2n iEa g6aXr5a fail s ' 0 n ' c a
~ I Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city, niagarafalls.on.ca
Doug Darbyson
Director
May 12, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-49, Zoning By-Law Amendment Application
for a Temporary Use By-law
AM-11/2003, 5038 Marshall Road
Applicants: Michael and Joan Stall
Machine Shop Use
RECOMMENDATION:
It is recommended that Council approve the Zoning By-law Amendment application for a temporary
use by-law to permit a machine shop at 5038 Marshall Road for a period of three years.
BACKGROUND:
In March 2000, Council passed a temporary use by-law to permit a machine shop, which was
established without approval, to continue temporarily on the land known as 5038 Marshall Road, as
shown on Schedule 1. The temporary use by-law expired in March 2003. The applicant is
requesting Council to pass another temporary use by-law for a further three years to permit the
machine shop use to continue. Details are shown on Schedule 2.
Circulation Comments
Information regarding the application was circulated to City departments, agencies and the public
for comment. No objections were received.
Surrounding Land Uses
The land uses surrounding the subject property are vacant and rural residential.
Planning Analysis
The subject land is designated Rural/Agriculture in the Official Plan which was deferred by the
Province. As such, the Region's Policy Plan takes precedence. The Policy Plan designates the land
Good General Agriculture. The Official Plan does, however, contain policies regarding temporary
use. Such uses need not conform to the land's designation. Uses that are being considered for
temporary uses should be of limited duration and shall not entail any construction or investment so
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems Legal · Planning & Development
May 12, 2003 - 2 - PD-2003-49
that they can be easily removed when required to cease. Major construction serves to entrench the
use as removal is costly and developers are reluctant to undertake such expense.
In March 2000, when Council first considered the request, the applicants had already
established the use of the land and applied for a building permit to expand an accessory
building from 1,200 sq. fi. to 3,600 sq. fi. to provide for additional area for the machine shop.
While this level of construction and investment is not in keeping with the Plan's policies, the
accessory building could be used for other, more agriculturally related uses, should the
applicants move the machine shop or sell the property.
The machine shop has existed for three years now with no record of land use impacts with
adjacent lands. The shop, at this level of operation, will not adversely affect the future
agricultural/rural development of the surrounding lands.
The applicants have advised that they have not made a decision as to a permanent location for
the machine shop. Its current location on the property is working satisfactorily, however, they
have not abandoned the idea of moving the shop to an industrial area. Thus, another three-year
temporary use by-law is a reasonable request at this time until the decision is made whether
to relocate. Should the applicants choose to have the shop remain on-site permanently, an
application will have to be made to amend the Official Plan and Zoning By-law.
CONCLUSION:
Based on the foregoing analysis, the application for a temporary use by-law can be recommended
for approval because:
The machine shop is generally in keeping with the Official Plan policies respecting temporary
use.
There have been no adverse land uses impacts caused by the machine shop.
A further temporary use by-law will afford the applicants an opportunity to decide on a
permanent location of the machine shop.
Planner 2
Recommended by:
Doug~D ~'~oon
Director of Planning & Development
John MacDonald -- 7
~//Jc°~h~e f~a;2i~i s tr ati v e Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB:gd
Attach.
S:~P DR~2003~PD2003 -49, AM-I 1-03, 5038 Marshall Road.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
.1
~t~lanheck Ro Ld ~ I ~
"-."~ 5_ 1__
Location:
Amending Zoning By-law No. 395
5038 Marshall Road
AM- 11/2003
Applicant: Michael & Joan Stoll
I:NTS
April 2003
Y
X
S
E~ ~W
.%0?
< ~OUSE ANB SHEB
, ~
RECEIVED
MAR 2 0 2P_,03
PLANNING
8,, DEVELOPMENT
Community Services Department
Municipal Works
Inter-Departmental Memorandum
To: John Barnsley
Planner 2
From:
Subject:
Date: April 1,2003-
Rick Volpini, C.E.T.
Development Technologist
Ext. 4221
AM-11/2003 - Zoning By-law Amendment Application
5038 Marshall Road
Temporary Use By-law for a Machine Shop
Sca ed ~
The subject lands are adjacent to Marshall Road and Ort Road which are both municipal right of
ways presently adequate to meet City requirements. The applicant proposes the temporary use of an
existing building on the site.
The Municipal Works department has no objection to the application and no conditions to offer.
Should you have any questions regarding
RV:lb
this matter, please contact the und igned.
Rick Volpiui, C~
Wor~in9 To0et~er to Serve Our Commu~it2 ]
RECEIVED
APR 0 2 2003
PLANNING
& DEVELOPMENT
May 7,2003
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 Schmon Parkway, P.O, Box 1042
Planning
Telephone: (905) 984-3630
Fax: (905) 641-5208
E-maih plan@regionaL niagara.on.ca
D. 10.M.11.23
Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Fails
4310 Queen Street
Niagara Fails, ON L2E 6X5
Poet,it F~xNote t~ I - ~
Dear Mr. Darbyson:
RE:
Zoning By-law Amendment Application
Southwest Corner of Marshall Road and Orr Road
Michael and Joan Stoll
City of Niagara Falls
Your File: AM-11/2003
ECEIVED
4A¥ 0 ? 2003
PLANNING
& DEVELOPMENT
This application proposes to amend the City's Zoning By-law for a temporary period of
three years to recognize an existing machine shop. A temporary use by-law was
previously approved by the City for this property three years ago and expired in March,
2003.
The site is situated outside the Region's Urban Area Boundary for the City of Niagara
Falls and is shown as a Good General Agricultural Area in the Regional Policy Plan.
When the last application for a temporary use by-law was circulated for comments,
Regional Planning staff indicated that the machine shop might possibly be considered a
"secondary use" (i.e. home industry) permitted in the agricultural area in accordance
with Policy 6.A.18 of the Regional Policy Plan. However, concerns were expressed with
the scale of the expansion plans for the machine shop which would triple the size of the
building and could result in a "stand-alone" industrial use rather than a secondary use.
The current request for an extension to the temporary use by-law raises fudher
concerns with the long term intent for the use of this building and conformity with the
Regional Policy Plan and land use objectives for this area~ In particular, draft policies
proposed in Regional Policy Plan Amendment No. 170 for this portion of the Willoughby
area include land use categories referred to as the "Willoughby Special Rural Area" and
"Environmental Protection Area" that will affect the subject property. The Willoughby
Special Rural Area may allow some compatible non-farm development but would not
allow industrial activities.
In conclusion, Regional Planning staff has some concerns regarding the further
temporary extension of this use and would encourage the applicants to eventually
relocate this operation to a more appropriate site within one of the City's industrial
districts in the urban area.
Please send notice of City Council's decision on this matter.
Yours truly,
,~ David J. P2'rley
Director of Planning Services
C:
Mr. D. Darbyson, MCIP, RPP, Director of Planning, City of Niagara Falls
Councillor Bill 9meaton
M;~MSWORD~PC'u",IFzbla',~038 Mamhatl Rd Stoll.do~
Corporate Services Department
· dl~k~ Planning & Development
The Cdy of
.. . .--. 4310 Queen Street
.iQgclr(:] I-ails yj~l~~ p o Box 1023
Canada .in'ara Fa,s, ON L2E 6X5
~T'~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
PD-2003-50
Doug Darbyson
Director
May 12, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re-'
PD-2003-50, Zoning By-law Amendment Application
AM-15/2003, 7750 Netherby Road
Owner: Dale and Joan Koabel
Proposed Reduction in Lot Area
RECOMMENDATION:
It is recommended that:
1)
Council approve the Zoning By-law amendment to reduce the required lot area for the
lands to 3.37 acres (1.36 hectares and 18.63 acres (7.5 hectares) for Parts 1 and 2,
r~spectively; and
2)
the amending by-law contain provisions to preclude a dwelling from being erected on Part
2.
BACKGROUND:
An amendment to Zoning By-law No. 70-69 has been requested for the land known as 7750
Netherby Road (see Schedule 1) to satisfy several conditions of a recently approved consent
application (B06/2003/NF) which will result in the land being divided into two parts. Refer to
Schedule 2 for the details of the development.
The zoning of the land allows it to be used for agricultural purposes and an associated residence
provided there is a minimum lot area of 25 acres (10 hectares). The amendment is requested to
site specifically reduce the required lot areas for Parts 1 and 2 to 3.37 acres (1.36 hectares) and
18.63 acres (7.5 hectares), respectively, permit the dwelling on Part 1 to continue and preclude a
dwelling from being erected on Part 2.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal · Planning & Development
May 12, 2003 - 2 - PD-2003-50
Part 1 is to be disposed of as a surplus farm dwelling. Part 2 is to remain part of a 71.7 acre (28
hectare) parcel that is divided by the Niagara Falls/Port Colborne municipal boundary and continue
to be used for agriculture.
Surrounding Land Uses
The land is mainly surrounded by agricultural and wooded areas with several single detached
dwellings.
Circulation Comments
Information regarding this application was circulated to City departments, government agencies
and the public for comment. The following have been received.
Regional Municipality of Niagara
The lands are located outside of the
Region's Urban Area for Niagara Falls
according to the Regional Policy Plan.
The severance of the surplus farm
dwelling (Part 1) requires a rezoning to
preclude the construction of another
home on the remaining farm parcel in
order to meet Regional and Provincial
planning policies. This will ensure that
there is a commitment to continue
farming these lands.
The reduced lot areas for the surplus
farm dwelling and remaining farm are
acceptable.
The Region is not opposed to approval
of the proposed amendment from a
Regional or Provincial planning
perspective.
Municipal Works
There are no municipal services
available to the subject lands.
Development charges are not applicable
unless there is building construction.
There are no concerns with the
application.
Parks, Recreation & Culture No objections.
May '12, 2003 - 3-
Planning Review
The following is a summary of staff's assessment of the application.
1.
PD-2003-50
The proposal conforms to Council's latest intent for the land and to the Regional
Policy Plan.
The City does not have approved Official Plan policies for this land which is in the former
Township of Humberstone. The Rural/Agricultural policies proposed by the City for this
area are deferred. The main permitted uses anticipated by the deferred policies are a
variety of agricultural operations, forestry, conservation and farm related residential
dwellings. Had the policies not been deferred, theywould have permitted consents for the
disposal of surplus farm dwellings for retired farmers.
Due to the deferral of these policies, the City must rely on Regional Official Plan policies.
Regional polices would permit the severance of the surplus farm dwellings provided that:
The remnant parcel of farmland is large enough to function as a significant part
of the overall farm unit; and
· The remnant farmland parcel is zoned to preclude its use for residential purposes.
The Region supported this consent, provided the surplus farm dwelling lot (Part 1) is
reduced to 3.37 acres (1.36 hectares) and residential uses are precluded from the
agricultural lot (Part 2).
The proposed zoning complies with the Regional Policy Plan as follows:
The surplus farm dwelling lot (Part 1) has been reduced to the smallest size
possible to maximize the agricultural use on Part 2 and meets the Region's criteria
regarding the disposal of surplus farm dwelling lots; and
Part 2 would remain as part of a large agricultural lot, and residential uses will be
precluded from the lot.
The requested amendment is appropriate for the site.
The current zoning permits agricultural uses and an associated residence on a lot with a
minimmn lot area of 25 acres (10 hectares). The amendment would reduce the lot area
for Parts 1 and 2 to 3.37 acres (1.36 hectares) and 18.63 acres (7.3 hectares), respectively.
A dwelling is to be permitted on Part 1. To meet the intent of the applicable Official Plan
policies, a residence would be prohibited on Part 2.
CONCLUSION:
The requested amendment can be supported for the following reasons:
The amendment meets the intent of the deferred Official Plan policies and the Regional
Official Plan policies regarding consents for the disposal of surplus farm dwelling lots.
May 12, 2003 - 4 - PD-2003-50
The amendment would prohibit a residential use on the remnant parcel in conformity with
the Regional policies.
Prepared by:
Andrew Bryce
Planner 2
Recommended by:
Respectfully submitted:
ald
strative Officer
Doug Darbyson
Director of Planning & Development
A~¢~oved by:
T. Ravenda
Executive Director of Corporate Services
AB:gd
Attach.
S:~PDR~2003kPD2003-50, AM-15-03, 7750 Netherby Road.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
TOWN OF FORT ERIE
CITY OF NIAGARA FALLS
MUNICIPAL BOUNDARY
CtTY OF PORT COLBORNE
Location:
Amending Zoning By-law No. 70-69
7750 Netherby Road
AM- 15/2003
Applicant: Dale and Joan Koabel
K;~G I S_Requc~ts~2003/Schedulcs~ZoningAM~.M 15~Mapplng apr
E $ S I 0 N
PART OF LOT 3 CONCESSION 5
CITY of NIAGARA FALLS
Y
RECEIVED
IlAR :~ 1 2003
,, ,~ DEVE4OPMENT
NIAGarA
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 Schm0n Parkway, P.O. Box 1042 r_,Planning
Thorold, Ontario L2V 4T7 ~ Fi[e: ~
Telephone: (905) 984-3630
Fax: (905) 641-5208
E-maih plan@regional.niagara.on.ca
April 29, 2003
File: D.10.M.11.23
Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
RE:
Zoning By-law Amendment Application
Southwest Corner of Netherby Road (Regional Road 25)
and Schihl Road
Dale and Joan Koabel
City of Niagara Falls
Your File: AM-15/2003
RECEIVED
NIAY 0 1 2003
PLANNING
& DEVELOPMENT.
This application is necessary to fulfill a condition of approval for a consent application
(BO6/2003/NF) to sever a surplus farm dwelling that was recently granted by the
Committee of Adjustment. The remnant farm parcel will be rezoned to preclude the
construction of a dwelling and a reduction of the minimum lot area requirement is
proposed for both the severed and remnant parcels.
These lands are situated outside of the Region's Urban Area Boundary for Niagara Falls
according to the Regional Policy Plan. The applicants have indicated that they have a
cash crop operation comprised of several hundred acres of agricultural land that they
own and rent, this includes another farm dwelling. The recently approved severance of
a surplus farm dwelling (Part 1) requires a rezoning to preclude the construction of
another home on the remaining farm parcel (Part 2) in order to meet Regional and
Provincial planning policies. This will ensure that there is a commitment to continue
farming these lands. The reduced lot areas for the surplus farm dwelling and remaining
farm are acceptable. In particular, the farm parcel straddles the municipal boundary
with a substantial amount of land situated in the City of Port Colborne. The overall size
of this parcel is approximately 29 hecatres (71.72 acres).
For these reasons, Regional Planning staff would not be opposed to the approval of the
proposed Zoning By-law amendment from either a Regional or Provincial planning
perspective. The severance condition further requires that the City of Port Colborne
approve a similar zoning by-law amendment for the southerly portion of the remnant
property (Part 2) that is situated in this adjacent municipality.
Please send notice of: City Council's decision on this application.
Yours truly,
David O. Far187'
Director of: Planning Services
C: Councillor Bill Smeaton
Bill Stevens, Regional Public Works
Steve Rivers, City of Pod Colbome
M:\MSWORD\PC\NFzbla\7750 Netherby Koabel.doc
Corporate Services Department
Planning
&
Development
lhe City of ~r~l~'
4310 Queen Street
Niagara Falls lJ~l~ P.O. ~ox ~o2~
Can~~ Niagara Falls, ON L2E 6X5
~~~j ~ web site: ~.ci~.niagarafatls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: plannJng~city, niagarafalls.on.ca
PD-2003-51
Doug Darbyson
Director
May 12, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2003-51, Regulation of Downtown Bars
RECOMMENDATION: **That Council opposes the granting of a liquor licence
to any establishment in the downtown area until such time as the City's Planning
For thein~rm~ionofCouncil Studies and reviews are completed & that City staff be
requested to attend any hearings opposing the granting
of liquor licences in the downtown area?*
BACKGROUND:
At the March 31, 2003 meeting of City Council, it was noted that the City of Guelph had recently
placed a "moratorium" on new bars in its downtown area. Staff was asked to report back to City
Council on how this was accomplished.
Land Use Planning
Staff contacted the City of Guelph and determined that Guelph had achieved a moratorium on
"licensed establishments" and "taverns" through the use of an "interim control" by-law under the
Planning Act. Any Council may pass an interim control by-law to prohibit the use of land or
buildings for specified uses in order to conduct a study. The interim control by-law can be passed
for aperiod ofone year with a one-year extension. Council must pass a by-law or resolution to direct
that a study be undertaken.
During previous discussions with members of the Downtown Board of Management, staff had
suggested that the Board request an interim control by-law while the comprehensive zoning by-law
review is being conducted by Monteith Planning Consultants (MPC). The purpose of an interim
control by-law would be to limit the establishment of new licensed "restaurants" and "taverns" in the
downtown during the study period. At the time of those discussions, the Board was reluctant to
pursue this option since it would preclude the opening of new fine dining establishments, etc., during
the study period.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
May 12, 2003 - 2 - PD-2003-51
The comprehensive zoning by-law review is about halfway through the work program. Staff is
currently working with the consultant to develop new definitions, regulations and general provisions
which will govern licensed establishments in commercial zones.
Legal Requirements
The use of an interim control by-law is not an option at this time. The Planning Act provides that
where the municipality has previously passed an interim control by-law for a property, it cannot pass
another by-law affecting that same property for aperiod of three years. The downtown properties
were affected by the interim control by-law in effect for the study of Adult Entertainment Parlours
and Body-mb Parlours. That by-law expired in January of this year.
However, Council could pass a resolution opposing the granting of a liquor licence to any
establishment in the downtown area until such time as the City's planning studies and reviews are
completed. As well, Council could request that the Alcohol and Gaming Commission of Ontario
notify it should there be an application for a liquor licence and that the City be notified of any
hearing to determine whether the granting of a liquor licence would be in the best interest of the
community.
CONCLUSION:
The planning consultants responsible for rewriting the City's zoning by-law are addressing the matter
of licensed facilities in the City and will be working with the business associations once the draft is
available to the public.
Prepared by:
Alex Herlovitch
Deputy Director of Planning & Development
Recommended by:
/k~pectfully submitted: ~
John MacDonald
Chief Administrative Officer
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
AH:tc
S:~PDR~2003XPD2003-51, Regulation of Downtown Bars.wpd
N agaraF 5
Board of Management
P.O. Box 5,
Niagara Falls, Ontario
L2E 6S8
Tel.: (905) 354-0606
Fax: (905) 354-5541
dbia@on.aibn.com
www. downtownniagarafalls.com
Monday, May 5, 2003
Mayor Wayne Thomson and Members of City Council,
Niagara Falls City Hall,
4310 Queen Street,
P. O. Box 1023,
Niagara Falls, ON
L2E 6X5
Your Worship Mayor Thomson and Council Members,
The members of the Niagara Falls Downtown Board of Management have been
informed that plans are underway for a Liquor License Application located at 4437
Queen Street. This location has previously housed licensed establishments under the
names "Cell Block, Anaconda, and Club Soda".
At this time the board would like to express their deep concern as to what this new
establishment may do to the downtown core. It is presently felt that there are too many
bars and nights clubs already open in this area.
The nightmarish experiences brought to Queen Street by these establishments include,
broken windows, broken glass, vomit and defecation on sidewalks and streets,
intolerable noise, fights and violence. The loss of tenants and the bad publicity resulting
from these acts have had a devastating effect to long established businesses in the
area.
It has also been brought to our attention that the consideration of a future investor to
Queen Street also hinges on the restriction of the number of bars and nighttime
establishments.
We ask that your support in the above matter be forthwith and that City Council take the
lead in restricting the number of these establishments in the interest of the future of
downtown.
Respectfully,
Chairman.
Downtown Niagara Falls: Where Variety Makes the Difference
Corporate Services Department
..~a Planning & Development
The City of IJ'~l~ 43,i0 Queen Street
Niagara Fallsll~ll~ P.O. Box 1023
Canada Niagara Falls, ON L2Iz 6X5
~lr~ web site: www.dty.nJagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city, niagarafalls.on.ca
PD-2003-52
Doug Darbyson
Director
May 12, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-52, Street Name Change Request
Roberts Street to Falls Avenue
Niagara Falls, Ontario
RECOMMENDATION:
It is recommended that Council consider the information and direct staff to work with the Region
on the renaming of Roberts Street to Falls Avenue and coordinate a name change for that portion of
the existing Falls Avenue between John Street and the Rainbow Bridge Plaza.; and further chat
~Newman Hill also be included in the recommenaatzons/comment~.
BACKGROUND:
The City o fNiagara Falls, in partnership with the Region of Niagara, Niagara Parks Commission and
the Province of Ontario, is redeveloping Roberts Street into a Tourism Gateway, between the
Rainbow Bridge and Highway 420.
At the March 31, 2003 meeting of Council the issue of renaming Roberts Street to Falls Avenue was
discussed and the followir~g motion was adopted: "That the issue of renaming Roberts Street to Falls
Avenue be looked at."
Review
The intent of Council's request was to have one continuously named street, starting at Stanley
Avenue and extending to, and including, the presently named Falls Avenue. Staff has investigated
this request and provide the following information.
Clerks Finance
Working Together to Serve Our Community
Human Resources Information Systems Legal
Planning & Development
May 12, 2003 - 2 - PD-2003-52
Multiple Jurisdictions
The roadway from Stanley Avenue into Queen Victoria Park is under the jurisdiction of three
government levels (see attached map).
Roberts Street, Newman Hill and a portion of Falls Avenue (from Newman Hill to the south
entrance of the Rainbow Bridge Plaza) are now referred to as Regional Road 420 under the
Region's jurisdiction.
Falls Avenue, from John Street to the north end of the Rainbow Bridge Plaza and from the
south end of the Rainbow Bridge Plaza to Clifton Hill, is under City control.
Falls Avenue, from Clifton Hill to the Niagara Parkway, falls under the Niagara Parks
Commission's jurisdiction.
Discontinuous Street Sections
The street changes its name three times along the subject roadway. Officially, the road east of
Stanley Avenue changes name from Roberts Street to Newman Hill to Falls Avenue. Falls
Avenue exists in two segments, one north of the Rainbow Bridge exit and part south of the
Bridge Plaza area. This will necessitate giving a new name to that portion of Falls Avenue
between John Street and the Bridge Plaza (affecting the way in which notification/advertising
Occurs).
Property Addresses
The street numbering system for properties is a concern.
Currently there are 10 properties remaining in private ownership numbered on Roberts Street
along the GatewayProject area. Shouldtheynotbe obtained prior to a street name change, the
addresses that exist along Roberts Street which are numbered off of the east-west street grid
could conflict with existing businesses on Falls Avenue which are numbered off of the north-
south street grid. The result could be that a higher street number property could be situated
east of a lower series of street numbers where, typically, street numbers increase east to west.
· Newman Hill has no individual properties listed.
The north end of Falls Avenue currently has three municipal addresses listed. Any potential
conflict could be resolved through a further street name change for this portion of the street.
Name Changes Procedures
Once the issues outlined are resolved, Council could adopt a resolution to change the name of
Roberts Street and Newman Hill to Falls Avenue and forward the request to the Region for
processing.
Simultaneously, the City would be responsible for processing a street name change for the north
portion of Falls Avenue between John Street and the Rainbow Bridge Plaza area.
All of these matters will have to be addressed should Council wish to proceed with the review of the
street name change of Roberts Street and Newman Hill (both Regional Road 420) to Falls Avenue.
May 12, 2003 - 3 - PD-2003-52
CONCLUSION:
With the intent of the proposed street name change of Roberts Street to Falls Avenue being one
continuous link through the Gateway Project from Stanley Avenue to the present Fails Avenue, staff
should be directed to continue with the review based on the knowledge that Newman Hill will also
have its name changed to Falls Avenue and that the north portion of the existing Falls Avenue
change its name to avoid confusion. Based on this review, a further report on this matter would be
brought back to Council.
Prepared by:
Bill Matson
Assistant Planner
[espectfully submitted:
ohn MacDonald
hief Administrative Officer
Recommended by:
Doug Darbyson
Director ofPlarming & Development
T. Ravenda
Executive Director of Corporate Services
BM:gd
Attach.
S:~PDR~2003~PD2003 -52, Street Name Change, Roberts to Falls.wpd
sIMCOE ST.
ARMOURY
JEP~ON S1'.
JEPSON.
DR,
RoBINSON
STREET
· °',: Roberts Street/Newman Hill/Falls Avenue - Niagara Region
Falls Avenue - City
Falls Avenue - Niagara Parks Commission
Affected Properties
Corporate Services Department PD-2003-53
Planning & Development
]'he Cifv of 4310 Queen Street
" I,I, P.O. Box 1023
Niagara Fallsy~l~ Niagara Falls, ON L2E 6X5
Can~~' web site: www.city.niagarafalls.on.ca
.~1~~~'" ITM Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls,on.ca
Doug Darbyson
Director
May12,2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-53, Proposed Modifications
Williams Draft Plan of Subdivision, 26T-93011 (Revised)
Owner: River Realty Development (1976) Inc.
RECOMMENDATION:
It is recommended that:
1)
the modifications to the Williams Plan of Subdivision be approved subject to the changes
listed in the attached Appendix to the original draft approval conditions; and
2)
Council determine that the proposed modifications to the plan are minor and there is no
requirement for written notice of the changed conditions.
BACKGROUND:
Proposal
The applicant proposes minor changes to an existing draft approved plan. The property is on the
south side of Weinbrenner Road, east of Sodom Road and extending to Willoughby Drive as shown
on Schedule 1. The modified plan proposes the subdivision of a 2.77 hectare (6.84 acre) site into
42 lots for single-detached dwellings all with frontage on Weinbrenner Road as illustrated on
Schedule 2.
Draft Approved Plan
The Williams Subdivision was originally draft approved by the Region on May 5, 1994 following
a public consultation and agency review process. Several extensions to this draft approval have been
granted by Council. A temporary extension was recently granted by staff since the anniversary of
the draft approval date has passed. The existing plan provides for 53 lots (ranging in size from 12
metres/39.4 feet to 15 metres/49.2 feet of frontage) along Weinbrenner Road and Willoughby Drive.
There are two municipal street stubs in the draft plan for access from Weinbrenner Road to the
abutting residential land to the south (including the Williams 2 Draft Plan of Subdivision). The
original draft plan is shown on Schedule 3.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems · Legal Planning & Development
May 12, 2003 -2 - PD-2003-53
Proposed Changes
The revised plan consists of larger frontage lots (primarily 15.25 metres/50 feet of frontage) that
exceed the Residential 1E Density (R1E) zone requirements of Zoning By-law No. 79-200. The
proposed lots all have access to the existing municipal road allowance of Weinbrenner Road. The
road is not part of the plan. The design of the road will be engineered at the time of development.
The lots on Willoughby Drive and the street connections to the south have been eliminated.
Roadway access is no longer required to this abutting land as the property was donated to the City
by the applicant and is being developed as the Patrick Cummings Memorial Sports Complex. The
Williams 2 subdivision plan that covers a portion of this land has been abandoned by the applicant.
Block 43 on the revised draft plan is to be dedicated to the City for parkland access.
Modification Process
The proposed changes to the draft plan were circulated to City Divisions and public bodies that have
the responsibility for the existing conditions of approval (Region, Niagara Peninsula Conservation
Authority, Canadian Niagara Power Inc). The Planning Act allows the municipality (as the approval
authority) to change the conditions of approval for a draft plan of subdivision at any time before final
approval of the plan. The attached Appendix contains the requested revisions to the original
conditions of draft approval corresponding to the modified plan. The amended conditions reflect
administrative changes and current development standards while deleting unnecessary requirements.
Public consultation requirements under the Planning Act were satisfied through the approval process
for the draft plan completed in 1994. The Region and agencies must clear conditions and have the
right to appeal the subdivision at any time prior to final approval. The City is not required to give
written notice of the changed conditions, if in Council's opinion, the change to conditions is minor.
CONCLUSION:
The modifications to the existing draft approved plan comply with the policies of the Official Plan
and zoning regulations. The increased lot sizes respond to market demand and should be more
compatible with the existing vacant lots (also owned by the applicant) proposed for construction on
the north side of Weinbreuner Road. The amount of planned residential development in the area has
been reduced, the changes to conditions implement the new lot layout and staff consider the changes
to the subdivision to be minor.
Richard Wilson
Planner 2
Ap~~
T. Ravenda
Executive Director of Corporate Services
Recommended by:
Doug Darbyson
Director of Planning & Development
k~espectfully submitted:
acD
Chief Administrative Offi'eer
RW:am
Attach.
S:\PDR~2003~PD2003-53, Williams Draft Plan of Subdivision.~'rpd
May 12, 2003
-3-
Appendix
PD-2003-53
Revised Conditions
Approval applies to the revised Williams Draft Plan of Subdivision prepared by Matthews,
Cameron, Heywood - Kerry T. Howe Surveying Limited, dated received May 8, 2003,
showing 42 lots for single-detached dwellings and Block 43 for park access.
2. a)
dedication of a 3.05 metre (10 foot) road widening to the City along the south side
of Weinbrenner Road (Blocks 44, 45 and 46);
a)
d)
h)
construction of9.15 metre wide pavement on Weinbrenner Road from Sodom Road
to Willoughby Drive;
the developer enter into a cost sharing agreement with the City for the construction
of Weinbrenner Road and provision of oversized sanitary sewers and storm sewers;
construction of 1.5 metre wide sidewalks on both sides of Weinbrenner Road for the
full length of the subdivision, and in front of Lots 1, 2, 3, 29, 30 and 31, Plan 261 on
the north side of Weinbrermer Road;
7. The developer dedicate Block 43 to the City for park access.
16.
Prior to approval of the final plan or any on-site grading, the developer submit to the
Regional Planning and Development Department for review and approval a detailed
stormwater management plan for the subdivision completed in accordance with the Ministry
of the Environment documents entitled "Stormwater Management Planning and Design
Manual", March 2003, and "Stormwater Quality Guidelines for New Development", May
1991, endorsed by a suitably qualified professional engineer. The stormwater management
plan should address, among other matters, impacts on the nearby Hunter' s Drain, erosion and
sedimentation control and lot grading and drainage. A copy of the stormwater management
plan and supporting documentation should also be submitted to the Niagara Peninsula
Conservation Authority for its review and response to the Regional Planning and
Development Department.
21.
The Subdivision Agreement include a clause to the satisfaction of Canadian Niagara Power,
indicating that no buildings or structures (other than fences) shall be constructed or placed
within Block 47 (the westerly 4.5 metres of Lot 41).
New Conditions
k)
1)
the developer provide sanitary sewer connections to the existing lots on the north side
of Weinbrenner Road; and
provision of boulevard trees in accordance with City policy.
11. a)
the developer submit a Solicitor's Certificate of Ownership for the subdivision land
to the City Solicitor prior to the preparation of the Subdivision Agreement.
Deleted Conditions
2(b),(c),(d),(e), 3(g), 4and6
SCHEDULE 1
Proposed Modifications
Williams Draft Plan of Subdivision
26T-93011 (Revised)
Location Map
Subject Land
k:\gis_requestsk2003\schedules\subdivisions\williams~naapping.apr
1: NTS
May 2003
,,%:
,~ - Dt~D 53794 - Page 3 ~
DRAFT PLAN OF SUBDIVISION
26%93011
City of Niagara Falls
SCHEDULE 3
Williams
Subdivision
Revised
~v'EINBRE
I1
N
LrNOTE: This reduced ustra on is for general
~. information purposes only. The original
~ enarged plan is on file w h the Planning
~ Department for reference if required,
The City of Niagara Falls, Ontario
Council Chambers
No. May 12, 2003
Moved by Alderman
Seconded by Alderman
BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby
determines, in accordance with Section 51 (47) of the Planning Act, R.S.O., that the changes to the
proposed plan of subdivision for Application 26T-93011 (Revised) (River Realty Development
(1976) Inc., regarding the Williams Plan of Subdivision) are minor in nature and do not require any
further notice.
AND The Seal of the Corporation be hereto afl.med.
DEAN IORFIDA WAYNE THOMSON
CITY CLERK MAYOR
Municipal Heritage Committee
4310 Queen Street
P.O.
Box
1023
The City of Jf~l~.
Niagara Falls, ON L2E 6X5
Niagarc ,mslj .ae web,,te: www.city.niagarafalls.on.ca
Can~~~~ Tet.: (905) 356-7521
~ I-- Fax: (905) 356-2354
E-mail: planning@city.niagarafal]s.on.ca
PD-2003-44
Todd Barclay
Chair
May 12, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2003-44, Matters Arising from the Municipal
Heritage Committee (formerly LACAC)
RECOMMENDATION:
It is recommended that:
1) the matters arising from the Municipal Heritage Committee, listed as items 1 and 2 below,
be endorsed; and
2) the minutes of the Municipal Heritage Committee, listed as item 3, be received and filed for
information.
BACKGROUND:
The following matters were discussed by the Municipal Heritage Committee and are brought forward
for Council's consideration.
1. Glenview - 4223 Terrace Avenue, Owner: Veronica Balaj
The owner of 4223 Terrace Avenue approached staff with the desire to have the property
known as Glenview (or Park Palace) designated by Council under the Ontario Heritage Act.
The property is contained in the City's inventory of Heritage Resource Properties. The
Municipal Heritage Committee has reviewed the owner's request, along with a detailed
historical/architectural report written on the property (attached for information). A site visit
was undertaken and the Heritage Committee completed their evaluation survey of the
property finding that it scored highly and is worthy of designation for its cultural significance
to the City. It was agreed that the property should be designated by Council as per the
owner's request. The following motion was made:
"THAT Council is requested to direct staff to initiate proceedings to
designate the property at 4223 Terrace Avenue, known as Glenview,
under Part 1V of the Ontario Heritage Act, based on the information
in the historical/architectural report and the high rating obtained in the
evaluation."
Wor[~in0 Tooet~er to Serve Our Community
May 12, 2003 - 2 - PD-2003-44
2. Copper Beech Tree - Drummond Hill Cemetery
The Copper Beech Tree was designated by Council in by-law 2002-134 to be of historic
value and interest. Since that designation, a more detailed and accurate legal description has
been obtained by way of reference plan 59R-11813 which should be included in the
designation by-law as Schedule "A", thus replacing the old Schedule "A". The process to be
followed would be to repeal and replace the legal description within Schedule "A" of
designating by-law 2002-134. The change is a housekeeping matter to recognize a change
in the legal description of the lands. The following motion was made by the Municipal
Heritage Committee:
"THAT Council be advised of the need to revise the legal description
for the Copper Beech Tree and that staff be directed to give notice of
intention to repeal and replace the legal description within Schedule
"A" of designating by-law 2002-134."
Once notice is given, a 30-day appeal period is provided under the Heritage Act. A revised
by-law will then be brought back to Council.
3. Municipal Heritage Committee Minutes - March 26, 2003 (adopted April 30, 2003)
Attached are the adopted minutes of the Municipal Heritage Committee meeting of March
26, 2003, as adopted on April 30, 2003. The Committee would like Council to note, in
particular, Part 2, section (e) of the minutes where the Committee discussed a letter from the
Chippawa Legion (dated February 7, 2003) addressed to the Mayor regarding the designation
of Cummington Square (attached for information).
CONCLUSION:
The Municipal Heritage Committee is seeking the concurrence of City Council on these matters.
Respectfully Submitted:
Local Architectural Conservation Advisory
Committee
BM:tc
Attachments
S:LPDRL2003~PD2003-44, Matters Arising from MHC.wpd
Glenview
4223 Terrace Avenue
Niagara Falls, Ontario
DESCRIPTION
Current Owners:
Original Owner/Builder:
Date of Construction:
Legal Description:
Mailing Address:
Veronica Balaj and Attila Szebeni
John Drew
c. 1870
Plan 16 Lot 12 New Plan 314
P.O. Box 829
413 Gate Street
Niagara-on-the-Lake, Ontario
LOS 1J0
Prepared by: Scott Tufford
Date: January, 2003
File: S:/HISTORY/INV/Terrace 4223
HISTORY
The crown patent for Lot 75 in Stamford Township was awarded to John Chisholm in May of 1802;
due to its irregular broken frontage along the Niagara Gorge, the lot contained only 88 acres. Over
the next six decades, Lot 75 had numerous owners. It was sold to John Fralick in May 1806
(instrument # 1081) who in turn deeded the southern part (75 acres) to Lanty Shannon, "yeoman", in
October 1810 for 375 pounds (#1338). The lot would remain the property of Shannon and his heirs
until March of 1853, when the family sold it to Gilbert McMicken for 1500 pounds (instruments
//1074 and #1089). At this time, Lot 92, immediately south of Lot 75, had recently become the
property of the Great Western Railroad. The company would complete its much anticipated rail line
from Hamilton to the Niagara River by November 1853 and Lot 92 was to be the site of its station
and railyard complex. The arrival of the railroad created an economic boom for the village of Elgin
(renamed the Town of Clifton in 1856) and certainly increased the value of surrounding lands.
Gilbert McMicken sold Lot 75 in December 1853 to Samuel Zimmerman for 1800 pounds
(instrument #1478). In September 1855, Zimmerman sold the lot and other lands to Roswell G.
Benedict, Charles Pierson and Ira Spaulding for 50,000 pounds (#3417); Spaulding in turn sold his
interest to Benedict in May 1858 (#6138). In December of 1862, the lands of Roswell Benedict (by
then deceased) and Charles Pierson were seized. The sheriWs deed for Benedict (#10995) indicated
that he was in breach of covenant when alive and as there was no offer in public auction, his lands
(including Lot 75) "were awarded to the Bank of Upper Canada for damages sustained". The lot
remained the property of the bank until conveyed to John Drew and William Ferguson, both stone
masons, for the sum of $3,950 in January 1869 (instrmnent #116). The deed describes the lands as
measuring 79 acres, 3 mods and 36 perches and including part of Lot 92.
Glenview was likely built shortly after the land acquisition by Drew and Ferguson; legal difficulties
with the property both blur and attest to this conclusion. In May 1872, a writ offierifacias~ was
brought against William Ferguson, co-owner of Lot 75, by sheriff Robert Hobson for "not
performing certain promises made"; all rights and interests that Ferguson had on the lands and
tenement of the property were forfeited. During the ensuing public auction in November 1873,
Charles Lobb, a mason from Buffalo, bought the half interest in the property for $40! (instrument
#780). Lobb sold his interest in Lot 75 to John Drew for $4500 in September 1874 (#865). The fact
that the value of the property more than doubled between 1869 and 1873 is a good indicator that the
house was erected sometime during that period.
John Drew was bom in Okehampton, Devonshire, England in 1833 and had arrived in Elgin about
1854, where he found work building a tunnel to carry Muddy Run Creek under the railroad yards
from Bridge Street to Glenview (Green, 1947). A successful masonry contractor, he plied his trade
widely, gaining contracts to work on the enlargement of the Welland Canal in the 1870's, on railroads
in Canada and the U.S., and to build churches in several American cities (ibid., 1947). However, the
Town of Clifton was his home for half a century, and he was very much involved here both
~ Fieri facias: In law, a writ of execution commanding a sheriff to levy on the goods of a
debtor to satisfy a judgement. (Source: Funk and Wagnalls Canadian College Dictionary.)
-2-
professionally and as a citizen. Among his local edifices were the Old Town Hall (1866), his stone
cottage at 4587 Huron Street (c. 1857), his later home at 4579 Huron Street (t 880's), the transept of
Christ Church Anglican on Zimmerman Avenue (1893) and Glenview. He served on the Clifton and,
later, the Niagara Falls town councils for several non-consecutive terms, starting in 1860 until the
1890's (Zavitz, 1996), and was a license board commissioner for Welland County from 1880-86
(Welland history, 1887). In his last years, he lived with his daughter in Hamilton. When he died in
December 1914, he was interred in Fairview Cemetery on Stanley Avenue.
The 1871 Census of Ontario recorded John Drew as a "farmer", 38 years old, living with his wife
Louisa, 39, and children William, 13, Mariah, 10 and Arthur, 3. This indicates that the Drew family
was residing full-time on Lot 75 and that the property is already undergoing cultivation. The History
of the County of Welland (1887) mentions a George Law who "managed the farm of John Drew at
Niagara Falls for eleven years" (presumably from 1870 to 1881, when John Drew sold the property).
This corresponds with the period in which John Drew enjoyed full title to the farm, having laid out
the gardens of his home in an old country style (Green, 1947). In October 1876, he leased the river
bank below the Chain Reserve along the Whirlpool Rapids from the Ontario government for $50 per
year (Seibel, 1990). Development of the tourist potential of the Whirlpool would continue under the
new owner of the farm, Dr. John Ferguson, who purchased the 79 acre property from John Drew in
December of 1881 for $10,088 (instrument #77).
John Ferguson was bom in Middlesex County, near London, Ontario, in 1839. He earned his medical
degree from Victoria College, Toronto, in 1864 and worked in the United States at Bellevue Hospital
in New York City (Welland history, 1887) and as a surgeon in army hospitals during the last year of
the U.S. Civil War (Green, 1947). Returning to Canada, he left medicine after four years to contract
for public works. He made his fortune building sections of the New York & Oswego and the Galt &
Berlin Railways, parts of the Toronto and St. Catharines Water Works, and six miles of
enlargements to the Welland Canal (Welland history, 1887). When he bought John Drew's "fruit
farm on the banks of the Niagara River", Dr. Ferguson was the first to give the large residence the
name "Glenview".
An ardent supporter of the Conservative Party since Confederation, John Ferguson had made
campaign speeches or "stumped" counties in Western Ontario every election (Green, 1947), and in
1882 he was chosen to be the Conservative candidate for Welland Riding. He was elected to
parliament that year and again in 1887 and after his defeat in 1891, he was appointed to the Senate
(Zavitz, 1996). Befitting his status as a Member of Parliament and one of town's wealthier citizens,
Dr. Ferguson would entertain lavishly, holding dress balls and garden parties at Glenview for the
socially prominent persons of the district. The estate was not only a social venue but also a model
farm with orchards, vineyards and livestock. He also developed the Whirlpool Rapids Park to the
north of his property, building a steam powered incline railway running on wooden wheels which
conveyed tourists down to a stone pathway on the river's edge. He sold this to the Whirlpool Rapids
Company in 1888 (Seibel, 1990). Dr. Ferguson died just a few years after his Senate appointment
(Green, 1947); when his estate was sold in 1893, his herd of Jersey cattle were auctioned, earning
$8,000 (Welland Tribune, April 28, 1893).
-3-
In April 1893, the new proprietor of Glenview was R. P. (Robert Peter) Slater, a wealthy businessman
and developer whose family had long established ties to Niagara (instrument #3847). His grandfather,
Dr. Robert Slater (1788-1868), was a prominent surgeon from Lancashire who settled on Chippawa
Creek in the 1830% and was directly involved in the burning and setting adrift of the Caroline on
December 29, 1837 (Coombs, 1930). His father Jonathan ( 1824-1907) managed the horse-drawn Erie
and Ontario railway and had a farm at Slater's Point in Willoughby, where Robert Peter was born on
April 27th, 1846. He studied law for three years (1866-69) in Hamilton, then went into the grain
business, first in Gait, Ontario (1870-78), then in Joliet, Illinois, where he lost his business during
a panic in the early 1880's. Returning to Niagara, he operated a malt house with partner John
Macklem in Niagara Falls, New York from 1883 until 1892 when fire destroyed the business (ibid.,
1930).
Rebounding from this recent loss, R. P. Slater focused on the Canadian side of the river and formed
the Niagara Whirlpool Land Company to develop the Town of Niagara Falls. Two months after he
purchased the Glenview estate, he transferred tire to his Company (#3893) and the 79 acre lot was
surveyed and registered as the Slater Plot (Plan 30--October 25, 1894 and Plan 32--April I, 1896).The
estate was divided into lots with the streets and avenues that are recognizable today; the land
immediately surrounding Glenview manor was denoted as Block A, bounded on the south by Buttrey
Street, on the east by Terrace Avenue, on the noah by Ferguson Street and on the west by Vine (now
Stanton) Avenue. Block A would be further subdivided by Plan 16 (registered January 1913), with
Glenview positioned on Lot 12. Many of these lots were purchased by workers from the nearby
silverware industries. The International Silver Company established a factory at River Road and
Buttrey Street in 1911 (Kiwanis history, 1967). By the early years of the twentieth century, the
environs of Glenview changed from an agricultural estate to a suburb known as "Silvertown".
R. P. Slater presided over the transformation of Niagara Falls from a small town to an industrial city.
Elected town mayor from 1899 to 1901, he took a leading role in the amalgamation of the border
towns into the City of Niagara Falls, and would serve as mayor of the City in 1906-7 and 1909, as
well as alderman for many years (Niagara Falls Evening Review, January 25, 1924). He successfully
convinced the provincial government of the need to develop hydroelectric power form the Canadian
side rather than purchase it from the United States, and as mayor he turned the sod for the building
of the first Canadian power plant (Coombs, 1930). Among his many appointments were president
of the Niagara Falls Building and Loan from 1896 to 1924, vice-president oftbe Welland County
Conservative Association and the presidencies of numerous local companies (ibid., 1930). Like his
predecessor, R. P. Slater held various social and official functions at his estate. When he first owned
Glenview, the property included such outbuildings as stables, tennis courts located on land later
occupied by the CNR roundhouse, and a grist mill (where Slater once lost part of a finger to the
machinery) (Niagara Falls Evening Review, March 26, 1955). These structures would have been
removed after the final subdivision of the property in 1913. Robert Peter S later resided at Glenview
until his death on January 25, 1924. A tribute in the Review remarked that he did more to advance
the interests of Niagara Falls that any other local man of his time (Zavitz, 1996).
The property (now Lot 12) and house were inherited by R. P. Slater's daughter and only surviving
child, Maude Mary Slater Mervynne, who had married Reverend Duncan Merqynne and resided in
Pasadena, California. It in turn was inherited by her own daughter and executrix Mary E. R. Watson,
who deeded the property to her husband, Colonel McClelland Barry Watson, in December 1946 for
$3,500 (instrument #45928). It was during their ownership that the 27 room mansion was divided
into five apartments (N. F. Evening Review, March 26, 1955). Colonel and Mrs. Watson retired to
Jalisco, Mexico and sold the lot to local builder Dominic Aello in November, 1965 (#38488B). He
in turn sold it to Maurice Girouard in December 1966 (#56601B) who then deeded it to Robert
Girouard, in trust, in February 1974 (#206625). The lot was then transferred to Girox Properties Ltd.
In July 1975 (#268533) and thence to Paul Stagy in February 1983 (g404808). N. F. Fischer Inc.
purchased the lot for $274,500 in January 1986 (#465944). The current owners bought the property
in May of 2001.
ARCHITECTURE
Overview
Glenview is a large, two storey detached house with a square front section and rectangular tail. The
main section has an east (front)facade measuring about 35 feet (11 metres) and a depth front to back
of 30 feet (10 metres), and two rear tails of decreasing width, giving the south wall oftbe house a
stepped-back "sawtooth" effect. The entire structure measures 75 feet (23 rn) front to back. It is of
masonry construction with a full basement and foundation of stone rubble work, exterior walls of red
brick long ago covered by stucco, and a low pitch hip roof. The front facade is arranged
symmetrically around five bays with two ground floor bay windows and a projecting central bay
capped by a gable pediment. Its architectural style is Italianate, displaying such features as the
projecting bay, ornate roof brackets and rounded door and window openings with decorative hood
mouldings.
Exterior Construction
The house has not undergone any major additions in over a century: an 1894 plan survey map shows
the building's irregular footprint to be the same as it is now. An expanse of uncovered brick wall in
the attic shows that the exterior walls were laid in a common bond pattern with every eighth row a
header course. A photograph dating from 1915 also indicates that a stucco coating over the brick was
in place then. The stucco is scored to resemble fine cut stone. Whether the stucco was used from the
initial construction of the home or was added later is not
clear. In recent years, the stucco surface has been painted
pink, giving the house its popular local moniker the "Pink
Palace". The heavy rubble walls of the foundation are
over one metro thick and are pierced by basement
windows with massive wood lintels some eight inches
square.
Brick was used to fashion the decorative elements of the
house and attests to the skill of builder John Drew. These
elements include the three sided projecting bay
windows flanking the front entrance, the raised quoins [ '
on all exterior corners of the building and the attractive
curved hood moldings over all the window and door
openings of the facade and over certain openings along
the south wall. Other window openings received
keystone accents fashioned from single pieces of stone.
Also fashioned of brick are the three remaining
massive chimney stacks positioned near the northeast,
southeast and southwest comers of the house's main
section; no evidence remains of a fourth
northwestern one. The two front chimneys have
triple stacks while the mar (southwest) one has a
double stack, with the stacks on each connected
across the top by brick courses. Photographs
indicate that the these chimneys were originally
taller with extended crowns of corbeled brick that
have since been removed: the northeast chimney
(above) was altered by 1955 and the other two were
subsequently shortened and given plain, flat caps.
Certain alterations to the house are evident along the north wall of the main structure. Where three
windows on each storey would be expected as on the south side, only one exists on the upper floor
and of the two on the ground floor, one has had the bottom half blocked up and covered with stucco.
Other window openings positioned farther back on the north wall have been filled in and fitted with
smaller modem windows. Due to a lack of historical photos of the north side of the structure, it is
impossible to document these alterations or say when they occurred.
A significant change to the facade was the removal of the original mid-Victorian era porch. As seen
in the 1915 photo, it was an open wood structure with a raised deck and side railing, and had four
regularly spaced front posts with chamfered edges, decorative caps and angled brackets supporting
an entablature. Its sloped roof projected out
at least two metres beyond the bay windows.
Still in place in a 1946 photograph, by 1955
the porch had been replaced by the present
plain overhang, which extends across the
tops of the bay windows, and three stone
steps which fan out from the front
entranceway. Another original side porch,
attached to the south wall of the midtail
section, has survived in situ with its sloped
roof and four support posts capped by
curved scroll brackets. Once a small area on
-6-
its right (east) end had been enclosed with clapboard; later the enclosure was extended such that two-
thirds of the porch is now enclosed.
Windows and Doors
Almost all the window and door openings of the house
have segmental arches. The exceptions are the narrow
paired windows set in the upper storey of the projecting
facade bay and one blind doorway in the southwest comer of the rear wing both of which have round
headed arches. The windows of the house are basically the same size, except for the paired ones and
the two front facing bay windows which are slightly wider. All the windows originally followed the
curve of the segmental arches (still evident on the interior), but in most instances the openings have
been altered with the upper curve filled in with wood to create rectangular frames that would accept
modem storm windows. At the rear of the house, the
original windows still exhibit the curved sash with
2/2 double hung glazing pattern consistent with
homes built in the 1870's (Arthur, 1938).
None of the doors presently installed in the house
are original. The front entrance has recent louvered
aluminum and glass storm doors, although,
according to Mr. Szebeni, the original double leaf
wooden doors survive and are kept in storage by a
neighbour. The moulded door surround, transom bar
and transom light are original, and the single pane
of glass in the transom light is etched with clear curvilinear designs. Above the doorway's hood
moulding are two truncated beams extending out from the facade wall and attaching to a long cross
beam running under the edge of the modem overhang, and a recessed area between these beams. This
may be the remnant of the supports for the roof and superstructure of the original front porch, or
simply bracing for the existing overhang.
Roof Construction
The roof has a low hip form, with the roof of
the tail at a slightly lower level than the roof
over the main body of the house The entire
roof features broad eaves with tongue and
groove soffits and a moulded fascia and is
supported under its entire perimeter by large,
paired brackets, a key decorative element of
the Italianate style.
-7-
A small wooden gable with raking cornices forms the roof of
the projecting central bay. A soffit, supported by three
bracket pairs, creates a closed pedimant. The pediment has a
deeply recessed tympanum and raking courses of small,
regularly spaced brackets which gives the impression of a
Classical dentil course. The tympanum is filled with a
decorative round window flanked by a triangular pane on
each side in a form associated with the Italianate style.
The main roof terminates as a flat deck and originally supported a wood frame belvedere. As seen
in the 1915 photo, the belvedere was a square structure with three narrow 1/1 sash windows facing
east towards the Niagara River, and two in the north and south sides which faced the Whirlpool and
towards tom respectively. A door can be seen in the south side which gave access to a narrow
walkway around its cimumference that was enclosed by an ornamental wrought iron cresting. The
belvedere also had decorative window surrounds and labels, broad eaves and brackets supporting its
own small hip roof. Last photographed in the 1950's, the belvedere was later demolished with no
visible trace remaining. Presently, the roofs bear several shed-style dormers which were constructed
to admit light to the upper floor apartments. On the main section of the roof, two dormers face east
on either side of the central pediment, one faces south between the two chimneys and a larger one
on the north side extends back from the northeast chimney. Two others also face north on the rear
section of the house. All the dormers have recent horizontal sliding windows.
Interior
The original floor plan and interior walls of the former 27 room mansion have been seriously altered
during its conversion into five apartments in the 1950's and the subsequent remodeling into eleven
apartments. Some of the original interior trim remains in place, including the broad door moldings
in the central hallway. In the individual apartments,
most of the original wood window surrounds and
multiple baseboards survive in situ, although with
heavy coats of paint. Shallow red brick fireplaces
can be found in some rooms; they are attached to the
massive chimneys, but are not presently in working
order. The fireplace mantel has been removed. A
picture from the interior of the house, as featured in
the Niagara Falls Evening Review of March 26,
1955, shows a marble fireplace mantel and surround.
One interesting feature in the main hall is a heavy
newel-post with an octagonal base, tapering
chamfered body and decorative turned cap; it
remains in its original position at the foot of the
main staircase, although the original bannister and open appearance have been lost.
Outbuildings
-8-
Originally, the manor possessed a number of outbuildings, including a ghst mill, stables and a tennis
court to the south of the house near the CNR property. The 1894 survey map shows a complex of
large barns that were some distance to the rear (i.e. west) of the house close to what is now Stanton
Avenue. These barn structures were demolished by the time of the further subdivision of the property
under the Plan of 1913. Presently, a three car garage stands in the southwest corner of the modern
lot; of wood frame construction, it was probably constructed some time during the ownership of Mr.
And Mrs. Watson in the late 1940's or early 1950~s before the house was divided into multiple
apartments and was still a single private dwelling.
SIGNIFICANCE
Despite the effects of time, alterations and deferred maintenance Glenview remains a remarkable
example of Italianate domestic architecture from the mid-Victorian period. With its imposing size,
solid masomy construction and position on a large property on a hill with mature trees, the house still
maintains the presence of the wealthy country manor that it indeed was more than a century ago.
Glenview retains many of its original Italianate details including the hip roof, three multiple flue
chimneys, tongue and groove soffit, paired brackets, decorative mouldings, window/door surrounds,
window sash, transom and brick quoins.
Adding to its prestige were its three notable owners, each of whom was responsible for the growth
and prosperity of Niagara Falls. John Drew, the builder and first resident of Glenview, was an
accomplished mason and contractor whose professional skills and community involvement helped
develop the Town of Clifton/Niagara Falls during its formative first half century. Its next owner, Dr.
John Ferguson, made his fortune constructing railroads, canals and water works for the improvement
of the Niagara area, served as Member of Parliament for Welland County (1882-9 I) and helped
develop tourism at the Whirlpool. During his residence, Glenview became not only a prosperous
agricultural estate but also one of the town's main social venues hosting the most prominent people
of Niagara. R. P. Slater, the third owner of the home, was an influential businessman and developer
who served several terms as mayor and who was instrumental in bringing industry and hydroelectric
development to an amalgamated Niagara Falls, ushering the City into the twentieth century. Thus for
the first fifty years of its existence, Glenview was at different times a locus of civic, government and
industrial power in Niagara Falls.
SOURCES
-9-
Arthur, Eric R. The Early Buildings' of Ontario
University of Toronto Press, 1938.
Coombs, A.E. History of the Niagara Peninsula and the New Welland Canal
Historical Publishers Association, Toronto, 1930.
Green, Ernest "History in the News"
Niagara Falls Evening Review, July 5 or 12, 1947.
Seibel, George A. The Niagara Portage Road: 200 Years 1790-1990
City of Niagara Falls, Ontario, 1990.
Zavitz, Sherman "Niagara Notes"
Niagara Falls Review, March, 1996.
Niagara Falls, Canada-a history (coordinated by George A. Seibel)
Kiwanis Club of Stamford, Ontario, 1967.
The History of Welland County, 1887 (facsimile edited by John Burtniak)
Mika Silk Screening Ltd., Belleville, 1972.
"Many Stories Could Be Told if This Old House Could Talk"
Niagara Falls Evening Review, March 26, 1955.
R. P. Slater obituary
Niagara Falls Evening Review, January 25, 1924.
Index to the 1871 Cens~* of Lincoln and Welland Counties.
Various articles, Welland Tribune.
Ontario Land Registry Records, Welland, Ontario.
NIAGARA FALLS MUNICIPAL HERITAGE COMMITTEE
Minutes of Meeting - March 26, 2003
Present:
Absent:
Kym Cody - Acting Chair, Frances Corfield, Margaret Mingle, Gunter Sommerfeldt,
Alderman Janice Wing, Bill Matson and Terry Chambers - Staff
Todd Barclay, Anna Lee
Minutes:
The minutes of February 26, 2003 were introduced.
MOVED BY: Janice Wing
SECONDED BY: Frances Corfield
THAT the minutes of February 26, 2003 be adopted as circulated.
Carded Unanimously
Reports:
a) Glenview - 4223 Terrace Avenue, Owner: Veronica Balaj
Bill Matson spoke to this matter, noting he had contacted Veronica Balaj by email, informing
her of the next steps in the process of designating her property. In his email, he explained that
the completion of an evaluation form was necessary and requested a site visit for the Committee
members to allow them to complete the form. The Committee set a tentative date of Tuesday,
April 1, 2003 at 4:00 p.m. for the site visit. This will be confirmed with the owner. Kym Cody
questioned why the evaluation was being completed when an extensive historical report had
already been prepared by Scott Tufford. Bill Matson responded that since the property already
existed in the inventory of heritage properties, this was the proper procedure.
b) Ontario Heritage Act and Government Efficiency Act Changes re: Archaeological Sites
Bill Matson reported that he was still in the process of fullowing up on this matter. He was
waiting for a response to an email sent to CHO. He also noted there was an article in the
Niagara Falls Review on March 26, 2003 regarding the Archaeological Society and their contact
numbers. He will contact the Niagara Chapter to seek information from them. Janice Wing
commented that the Committee should be ready to deal with an archaeological matter should it
arise. She felt it would be very helpful to find out how other municipalities are dealing with this.
Bill advised he will continue his follow-up and report back to the Committee on April 23, 2003.
c)
Directory of Tradesmen - The Committee members were asked to provide their submissions
of names in order to compile a list of tradesmen. Frances Corfield handed in a list she compiled.
Kym Cody said she will put together a list for the next meeting. Ron Remple and Peter Stokes
were both mentioned.
d) City's 100t~ Birthday
A letter from Joe Longo, Chief Librarian at the Niagara Falls Public Library, was handed out.
The Library is inviting the Municipal Heritage Committee and other heritage groups to partner
-2-
with them for some special events during 2004 pertaining to the City's 100t~ birthday. Margaret
Mingle mentioned that some flexibility will be needed with dates and that a formal request
should be in by July 2003 for whatever space we will require. Several ideas were put forth
which included: displays to show the architecture which existed in the City 100 years ago;
industries from that time and what they were producing; and recognition of property owners who
have been in possession of their properties for 100 years or more. It was decided a sub-
committee should be formed to bring some ideas together and provide some timelines to report
back to the main Committee. Margaret Mingle, Gunther Sommerfeldt, Frances Corfield and
Janice Wing volunteered. The first meeting was set for Wednesday, April 9, 2003 at 2:00 p.m.
Bill Matson will check for the availability ora Committee room at City Hall for that date.
e) Letter to Mayor from Chippawa Legion re: Designation of Cummington Square
Bill Matson reported that he had investigated the municipal procedure to be followed as to
whether the Municipal Heritage Committee could respond directly to the Legion's letter to the
Mayor. The advice he received was that since the Municipal Heritage Committee acts in an
advisory role to Council, it may be more appropriate to respond through Council. It was agreed
that Council should be advised of certain misinformation in the Legion's letter and clarify that
designation does not affect ownership, the Council would retain present relationships with those
using the Square, that a plaque to recognize the heritage significance is supported and that
designation would honour the Cummings family.
MOVED BY: Margaret Mingle
SECONDED BY: Gunter Sommerfeldt
THAT City Council be advised of the Committee's response to the Chippawa Legion's letter,
dated February 7, 2003, regarding the proposed designation of Cummington Square.
Carried Unanimously
f) Report PD-2003-37, Matters Arising from the meeting of February 26, 2003
Bill Matson advised that a report had been prepared for the March 31, 2003 Council meeting.
The first part of the report requests that Council authorize the proposed renovations to the BME
Church. The second part of the report deals with the Designated Property Grant Program,
informing Council that a by-law will be passed to implement the program. Bill Matson noted
this program already has Council's endorsement and that the 2003 budget includes $12,000 for
this purpose. He stated that once the by-law is passed, a letter will be sent to all owners of
designated properties informing them of the grant program.
3. New Business:
a)
3289 St. Paul Avenue, Greenhouse Addition - Kym Cody described her plans to erect a
temporary greenhouse structure on her property and presented her plans for same. Since the
structure will not affect the reasons for designation, the plans were acknowledged and Kym was
thanked for her consideration in bringing this matter to the attention of the Committee.
b) Heritage Week - Margaret Mingle suggested an article be submitted to CHO News on the
success of the Committee's Heritage Week activities.
-3-
4. Communications:
a) Heritage Canada Foundation, Letter to Mayor Thomson - Frances Corfield noted that the
letter indicates an edukit set was enclosed for reference. She wondered if it were possible to
obtain the edukit for the Committee to view or to obtain another one fi:om Heritage Canada.
ACTION: Bill Matson will look into obtaining an edukit.
All other communications were received and filed.
Adjournmem: 6:10 p.m.
:t¢
S 5HISTORY~MunHeritageCommitteeWiINUTESWiin2003WiAR26.wpd
Nit~, FI~LI.S CLERKS'03
The Royal Canadian Legion
N~G~ F~8, 0~0
Mayor Wayne Thompson and Council
City Hall
4310 Queen St.
Niagara Falls, Ontario
L2E 6X5
February 7, 2003 ..~..
Dear Mayor Thompson and Council:
The members and executive o£Thc Royal Canadian Legion, Branch 396, Chippawa
would like to see Cummington Square remain under conirol of The City of Niagara Falls
Council and not dedicated a historic site through LACAC as we have always had such a
good rapport with Mayor Thompson and Council in the past
We would however like to see a plaque placed in Cummington Square stating the
historical significance of Ormmington Square with regards to the Cnmmington f~mily
and the Momodals to the residants of The Village of Chippawa that fought in World
War I, World War II and Korea.
President
Branch 396, Chippawa
"They served 'dll death! Why not we?"
May 5, 2003
Mayor Wayne Thomson and Council
City of Niagara Falls
Issued by Facsimile: 905-374-3557
Dear Mayor and Council:
National Nursing Week is May 12-18, 2003. The Niagara Health System has
joined the Canadian Nurses Association in acknowledging this special week
· themed, "Nurses: at the Heart of Healthcare."
On behalf of the Niagara Health System, I invite you to proclaim May 12-18, 2003
"Nursing Week," in recognition of the dedicated, hardworking nurses who serve
the needs of your community's residents in so many ways, day in and day out.
In total, nurses comprise approximately one-third of the Niagara Health System's
workforce, with 1053 RNs and 545 RPNs employed in the eight hospitals that
comprise our region's hospital system.
The Niagara Health System is committed to community hospital care, and we
recognize that nurses are one of the key cornerstones of our success. Given
today's worldwide shortage of nurses, the NHS has put several excellent initiatives
in place that are helping to retain our region's current compliment of nurses, as
well as bringing new nurses into our community hospitals.
Again, we encourage_ You to proclaim ~'Naflonal Nursing Week" May 12-18 In
your community.
If you have any questions or require further information, please contact Christine
Clark, Director of Communications and Community Relations for the NHS, at
905-323-3111. Thank you.
Sincerely,
Debbie Sevenpifer
President and Chief Executive Officer
Victorian Infirmibres
Order de I'Ordre
of Nurses de Victoria
April 8, 2003
NIAGARA BRANCH
SUCCURSALEDENIAGARA
VoN Canada
COMMUNITY
HEALTH
SERVICES
Visiting
Nursing
Palliative
Care
Pediatric Re[
Services
Peritoneal
Dialysis
Therapy
Respiratory
Care
Continence
Services
Wound Care /
EntefostomM
Therapy
Mental
Health
Private Nursing
& Home
Support Services
Foot Care
Occupational Sincerely,
Health
Living With
Parkmson's
Wellness ( Imics
Flu C~Mic s
,u, ,., ,, ~ cc: File
City of Niagara Falls
4310 Queen Str6et
Niagara Falls, ON
L2E 6X5
ar rLife
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Attention: Mayor and Members of Council
Request for Proclamation
National VON Week
May 19 - 25, 2003
Dear Members:
May 19 - 25, 2003 is National VON Week. VON Niagara is seeking the recognition and
support through formal proclamation.
The Victorian Order of Nurses is a part of the history of Canada, of its expansion and
development, and of its changing ideals through two world wars, a Great Depression, and the
introduction of new medical technologies. VON is a Canadian treasure committed to a
second century of service.
We are confident that Council will acknowledge and support the great work of VON within
the Niagara community by introducing a resolution and formally proclaiming May 19 - 25,
2003 as "VON WEEK".
Thanking you in advance for your assistance.
Jacinta Capeluck
Assistant to Executive Director
RECB /ED
APR 1 0
ieieithe,c~y,76!ephoq~ 90~-6a ;Ow i:a,¢ ,"i"~ier;c!)i~}~r 90564!5530
Victorian
Order
of Nurses
Infirmibres
de I'Ordre
de Victoria
NIAGARA BRANCH
SUCCURSALE DE .NI ~,Z~LF~i~: '(i51 ¢'50~:, ~S:(')q
~iIflG, F~: ........... '- ' -
VON
April 24, 2003
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
L2E 6X5
s u Vie
Attention: Mayor Wayne Thomson and Members of Council
Re:
VON Rose Bed / Flower Garden
Dear Mayor and Council:
As you are already aware, VON Week is coming up on May 19 to 25, 2003.
In recognition of this event we would like to ask the City Council members if it would be
possible to dedicate a rose bed or flower garden to the VON. If you believe this is feasible
for the spring planting season, please contact the undersigned with particulars required
(signage, types of flowers, location etc.).
Thank you very much for your consideration. If there are further requirements or questions,
please call.
Sincerely,
Jacinta Capeluck
Sr. Administrative Assistant
RN:jac
cc: File
December 4, 2003
Mayor Wayne Thomson
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Fax: (905) 374-3557
Rick Hansen
MAN IN MOTION
FOUNDATION
"If you believe in a dream, and have the courage to try, great things can be accomplished.
Rick Hansen, Canada's Man in Motion
Dear Mayor Thomson:
Seventeen years ago, when Rick Hansen embarked on the Man in Motion World Tour, he had a
dream of raising the awareness of people, around the world, about the potential of those among us
with disabilities. Along the way, his courage, spirit and determination touched the hearts and
spurred the goodwill of thousands of people, including those in Niagara Falls. When he passed
through your City in 1987, the city organized celebrations to recognize the selfless efforts of a man
in pursuit of a great dream.
On behalf of the Rick Hansen Man In Motion Foundation, I am wdting to you to ask you for your
help in fulfilling Rick's next dream.., to make a positive difference in the quality of life of people with
spinal cord injury through research and quality of life initiatives.
On June 14, 2003, the Rick Hansen Man In Motion Foundation will launch the first annual
Rick Hansen Wheels In Motion (RHWIM). Designed to support our mission of making a positive
difference in the quality of life of people with spinal cord injury, the RHWIM is a non-competitive
wheeling event where friends and families can get together on bicycles, wheelchairs, roilerblades,
etc. or walk or jog with their wheeling friends to raise awareness and funds for spinal cord injury. It
is a day to celebrate the spirit of the Man In Motion World Tour and to recognize the efforts and
achievements of those in the spinal cord injury community across Canada.
We hope you will help us bring this event to your community.
How can you get involved? · Declare June 14, 2003 Rick Hansen Wheels In Motion Day in your community
· Take a lead and organize or initiate a RHWIM event on June 14, 2003 in your community
· Forward this letter to your friends, family, recreation centres and City Hall colleagues and
encourage them to become part of a RHWIM Event Team in your community
· Challenge other cities to organize a Rick Hansen Wheels In Motion event.
Fifty percent of the net proceeds raised will support research to accelerate the discovery of a cure
for spinal cord injury. The other fifty percent of net proceeds raised in each community will help
support people living with a spinal cord injury with issues related to quality of life.
.../2
Rick Hansen Man in Motion Foundation, Room lo4o 1874 East Mall, Vancouver, British Columbia, Canada V6T lZ~
Telephone 604.822.4433 Facsimile 604.822.9486 www,rickhansen.or§ BN ~.o7659427_RR?oo~..¢:~ t~_ ~
Spinal cord injuries can happen to anyone, at anytime. When you participate, you contribute to a
new possibility for every man, woman and child who is currently living with a spinal cord injury...
and for those who may be injured, in the future.
Thank you for considering our request and we hope we can count on your support. I have
attached some background information for you to share with your colleagues. I will follow up
shortly with your office. Should there be any further questions, I can be reached at 1-800-213-
2131. We look forward to hearing from you soon.
Sincerely,
Cathy Paterson
Rick Hansen Wheels In Motion
The Rick Hansen Story
From 1985 to 1987, Rick Hansen achieved what many thought was an impossible goal. He
wheeled around the wodd: over 40,000 kilometers, through thirty-four countries on four continents.
It took Rick and his team two years, two months and two days to complete this incredible odyssey.
The journey took them over rugged mountain ranges, and through scorching deserts, freezing
snow, torrential rains and powerful headwinds. Rick wheeled through the United States, Great
Britain, Europe, the Middle East, Australia, New Zealand, Japan, Korea, Hong Kong and China
before returning home to Canada in August 1987.
By the time Rick and his team arrived in Cape Spear, Newfoundland, on his way home to
Vancouver, Canadians were well aware of the impact of the tour around the world. During Rick's
nine-month journey across the country, Canadians donated millions of dollars to the Man in Motion
Legacy Fund to support spinal cord injury research, rehabilitation and wheelchair sport. In total
$24 million was raised on the Tour, which later established the Man in Motion Foundation.
When Rick rolled back into Vancouver on May 22, 1987, thousands of people lined the streets to
show their support and to cheer him on as he wheeled the last few kilometers of his journey.
He became a Canadian hero.
www. rickhansen.com
PREFACE
Letter from Rick Hansen
Thank you for volunteering to join our team!
When I started my Man In Motion World Tour seventeen years ago, I didn't
believe that a cure for spinal cord injury was possible.
My big dream was to raise the awareness of people around the world about the
potential of people with disabilities and to believe that anything is possible, once
you set your mind to it. Without the incredible support of my team, and all of the
Canadians who came to cheer me on, and to contribute to my dream, it would
not have been possible to achieve my goal.
Since then, science has progressed so rapidly.., and so has my hope that it can
be possible to walk away after an injury. Rick Hansen Wheels In Motion
embodies our belief that new treatments and cures are possible and
improvements in the quality of life for people with a spinal cord injury can be
accelerated.
Please join us, by organizing a Rick Hansen Wheels In Motion Event. Invite your
fdends, family and community to join you.
A spinal cord injury can happen to anyone, at anytime. When you participate, you
contribute to a new possibility for every man, woman and child who is currently
living with a spinal cord injury.., and for those who will be injured in the future.
The outcome for them can be very different.
Thank you.
Rick Hansen, C.C., O.B.C.
President & CEO, Rick Hansen Institute
RICK HANSEN WHEELS IN MOTION TOOL KIT PAGE ii
LAST UPDATE: NOVEMBER 15, 2002
SECTION 1
WHAT IS A RICK HANSEN WHEELS IN MOTION EVENT?
WHAT IS A RICK HANSEN WHEELS IN MOTION EVENT?
Rick Hansen Wheels In Motion is the Rick Hansen Man In Motion Foundation's new
annual signature awareness and fundraising event to help make a positive difference in
the lives of people with spinal cord injury.
r~ On Saturday June 14th, an estimated 225 Rick Hansen Wheels In Motion events will
take place in communities across Canada and possibly in several locations
worldwide.
Events involve padicipants wheeling on a designated route incorporating both a short
course (1-2km) and a longer course (5-6km) for a specific period of time (e.g. 1-1.5
hours)
r~ Modes of wheeling could include wheelchairs, bicycles, in line skates and
skateboards. People can also walk or run in support of their "wheeling" friends.
n Events are grass roots based and organized by a local volunteer committee.
Events are non-competitive and accessible to all ages and abilities.
Fi Participants are encouraged to raise funds through pledges and donations, with
proceeds directed to the Rick Hansen Man In Motion Foundation in support of
making a difference in the lives of people with spinal cord injury:
· Research - 50% of the net proceeds raised will support research to accelerate
the discovery of a cure for spinal cord injury.
· Quality of Life - 50% of net proceeds raised in each community will help support
people living with a spinal cord injury with issues related to quality of life.
Fi Organizations representing spinal cord injury in each community will be encouraged
to promote their services and programs.
Rick Hansen Wheels In Motion participants include people with spinal cord injury,
their family, friends and co-workers, and others individuals in the community where
they live.
An injury prevention and safety message will be promoted through activities and
involvement of key groups in the community.
A "central hub" at the event could encompass entertainment, participant sign-in,
merchandise sales, sponsor recognition, prevention and safety demonstrations,
exhibits and education, food and beverage, ceremonies and other special events.
RICK HANSEN WHEELS IN MOTION TOOL KIT PAGE 1
LAST UPDATE: NOVEMBER 15, 2002
SECTION
WHAT IS A RICK HANSEN WHEELS IN MOTION EVENT?
Event Committees will be supported by:
The Rick Hansen Man In Motion Foundation National Office who will help
recruit event leaders, provide expertise, encouragement, tools and materials
in support of their Rick Hansen Wheels In Motion events.
· National television, newspaper and radio advertising campaign.
· A comprehensive event organizer's Tool Kit, complete with marketing,
communications and sponsorship support, will help event organizers ensure
a successful event.
n Each event will be financially self-sufficient, working within the community to raise
funds to cover operational costs.
Events will take place in locations such as university and college campuses, schools,
mall parking lots and around city parks and streets.
This annual event will grow and take place, in future years, on the same weekend in
June.
RICK HANSEN WHEELS IN MOTION TOOL KIT PAGE 2
LAST UPDATE: NOVEMBER 15, 2002
Rick Hansen
FOUnDATiON
III;l;. FRLLS CLERKS
April 24, 2003
Dear Mayor end Council:
2003 is a special year for spinal cord injury. We ara launching Rick Hansen Wheels In Motion on June 14th,
2003 with over 200 events in communities across Canada. We will be asking Canadians to 'get on wheels'
and to cycle, roller blade, skateboard, wheelchair or walk to raise awareness and funds for spinal cord injury.
And we will be doing this every year until people with spinal cord injury can put away their wheels.
Since my original tour 16 years ago, the Rick Hansen Man In Motion Foundation has made an impact of
more than $140 million on the field of spinal cord injury. We are now at an exciting time in the journey
towards a cure for spinal cord injury, with advances in research and rehabilitation occun'ing at an acceleratad
rate - but more still needs to be done.
We need your help. By helping us make 2003 Rick Hansen Wheels In Motion events a success, you can
improve the quality of life for thousands of Canadians. Hera's how you can help:
· If an event in your community is already being organized, you can land your support on June
14th by participating and by encouraging municipal employees and their families to participate.
· If one does not exist already, organize an event in your community.
· Encourage people in your community to get Involved; identify leaders who can participate and/or join
an organizing committee.
· Padner with us in the futura to make next year's events an even greater success.
I encourage you to call Denise Attallah in our office at 1-800-213-2131 to find out the status of events in your
community. You can also check out our website at www. rickhansen.com.
Your support will make e tremendous difference to people living with spinal cord injury. Fifty percent of the
net proceeds will stay in the community to support quality of life initiatives and the other f'ffty percent of net
proceeds will support research, ultimately leading to a cure. I hope that you can join us on June 14th.
Yours sincerely,
Rick Hansen, C.C., O.B.C.
President and CEO
Rick Hansen Man In Moti<3a Foundation, ~th F1<3(3~, B20 We~t 6th Avenue, Va,3c~3~ver, British Columbia, Canada VSZ 1A1
Telephone 604.876.6800 Facslrnlle604.876.6666 Toll Free: 1.800.213.2131 www. rlckhensen.cern
believe in a drean~ and have the caur~§e to tn/, §re~t thln§s can be accomplished. ~
Rick Hanser~ Canada's Man In Motion
The End WasJustThe Beginning...
Eighteen years ago Rick Hanson embarked on his two-year, 4o,ooo km Man In
Motion World Tour, becoming the first and only person to wheel the
circumference of the globe In a wheelchair. His goal was to raise awareness
about the potential of people with disabilities and funds for research,
rehabilitation, wheelchair sport and prevention. Rick has remained dedicated
to this goal and now has set his sights on an annual event asking Canadians to
get in motion, make a difference and help make this dream become a reality.
Canadians Are On A Roll
Rick Hanson Wheels Ia Motion is the Rick Hanson Man In Motion Foundation's
annual signature event held in communities across Canada, Saturday, June
~th 2003. Family, friends and colleagues pledge to wheel, bike, skate, run or
walk to relse awareness and funds to improve the lives of people with spinal
cord injury. Fifty percent of net proceeds raised In each community will be used
to Im prove quality of life for people with spinal cord injury. The other fifty percent
will support research to accelerate the discovery of a cure.
Presenting Partner, Scotiabank!
The Rick Ha nsen Ma n In Motion Foundation Is pleased to have Scotlabank as the Presenting Partner for Rick
Hansen Wheels In Motion. The success of RIck's Man In Motion World Tour was a direct result of having a
strong team behind him. The same thing holds true for Rick Hansen Wheels In Motion. We look forward to
working together on this new national Initiative.
Rick Hansen Wheels In Motion - Saturday, June t4, 2003
Get Involved
[] Participate by wheeling, walking or jogging on June t4th. 2oo3
[] Contact us now to find out how you can volunteer at a Rick Hansen Wheels In Motion event in
you~ community
in Donations can be made at any Sco'dabank branch
Visit: www. rickhansen.com. Email: comm.events@rickhansen.com, or Phone:
Mar. 11 '0~ ?:49 ~LDRBT PRODUCTIONS TORO FOX 4167676138 P. i
FALLS CLERKS '03 0.31i 08:55
NIAGARA
A I~ibule lo Pierre Berton and
March 7, 2003
His Worship
The Mayor Wayn~ Thomson
City of Niagara Falls
Niagara Falls, Ontario
Re: librget Me Not Niagara - TribUte and fundraising ovc~t
To the Office of the Mayor:
Forget Me Not Niagara is one of this year's Alzheimer $oci~y of Niagara Region fundraising
events, The event i8 d~ign~xl to raise both awar-'ness and funds for the Society and showease thc
beauty of the Niagara region, including Niagm'a Falls, to visitors and reskkmts alike.
A special compormnt of this ~vcnt is tim commitn~nt ~t'Mr. Pierre Barton to attand with us on
Saturday, May 31, 2003. Wc will be paying tribute to Mr. Bcrton's contribution to Canadian
history and th~ region in very ~pecial ways.
The mmn! is to be held the last weekend in May 2003, and wc would like to r~cluest thc suppo~ of
the Mayor~ Council mid City Hall in very specific ways.
The Brock Plaza Hotel is the presenting sponsor for ForgetMe NotNlagara and shall b~ tim base
tot ail of our weckelld progra~min~
Wc request your support in the following ways:
Wc would like m lmve the Mayor attend as the "keynote speaker' for a breakfast
pmsectation to approximately 60 A.lzheimar supporter~ in the Rainbow Salon at the Brock
Plaza Hotel on Friday, May 30, 2003 at noon.
We would like to have thc Mayor atlead a special welcoming c~r~mony for Mr. B~rton on
Saturday, May 31~ in the morning (we can work axoond the Mayor's schedule). We would
like to have the Mayor present Mr. Berton with the "K~y to the City",
There will be s~vcral press opportuniti~ for the Mayor and Council scheduled in relation to this
event,
A PELICAN GROUP PROJECT
Produced by Wild Rabbit Oommunications Ltd
~ ~.~*$3 Lakeahora Road, Unit 5, Suite 331
~--~atharines, Ontario, Canada L2N 788
/~ Phone/Fix: (9OB) 938,0394
~.11 '03 ?:~0 WLDRBT PRODUCTIONS TORO FA× 41676761~0 P. ~
-2-
Mr. Berton will bc present at the Brock P]aza Hotel for a public reading and book sigmng on
Saturday, May 31
The Saturday Tribute Dimmer will bc presented by tim Alzheimer Society of Niagara Region by
special invitation. We would like to invite the Mayor and a guest to finis dinner.
For this event, Random House has created a special l0"' anniversary limited edition printing of
Mr Bcrton's book Niagara These will be sold at a silent auction to raise funds for thc
Alzhcimcr Society of Niagara Region.
From the City of Niagara Falls and City Council, we would like to request your support in thc
following ways:
· Declaration of Friday, May 30, 2003 as "Alzheimer Sceiety of Ningara Region Awareness
Day";
· Decimation of Saturday, May 3 l, 2003 as "Pierre Berton Day";
· Declaration of Sunday, June I, 2003 as "Niagara Region Appreciation Day".
If it is possible, wc would request flint the City of Niagara Falls name a street "Picrre Berton
Way" and mmounce that creation on Saturday. May 31~.
Any or all of these requests, if filled, will help us to celebrate the causes, I hope we can count on
your support.
I would be lmppy to provide any specific details you require and meet with you or your staff at
your convet~ienc~.
Sincerely,
D~rroll Spilehuk
Executive Producer
FORGET ME NOT NIAGARA
(905) 9384)394
May 7, 2003
To City of Niagara Falls Council
Re: Safe Kids Week 2003
In Canada, 75% of injury-related emergency room
visits among children from birth to 4 years are from
injuries occurring at home. Approximately 40% of all
home injuries are a result of the home environment
like stairs and floors or involve a child product such as
cribs, safety gates, or baby walkers. Subsequently, the
theme for Safe Kids Week 2003, held June 2-8, is
aimed at increasing community awareness about
children's products at home that may cause injury or
death.
For this campaign, we are currently organizing a
Product Round Up Event to eliminate dangerous
children's products from circulation, such as baby
walkers and old unsafe products including cribs, baby
gates, and car seats.
The Ontario Early Years Centre- Niagara Falls in
partnership with the community will be having a
Product Round Up Event on Saturday June 7, 2003
from 9 a.m.-12 noon at 2 locations. We would like to
ensure that the unsafe products are disposed of
properly. We are asking the City of Niagara Falls to
assist with funding the disposal of these items. On
June 7, we will require a waste dumpster located in the
parking lot of the two Canadian Tire stores (one at
Montrose Rd. and one at McLeod Rd.).
The City of Niagara Falls has provided support as
well from Jason MacLean regarding a media release
and Robb MacDonald in designing a community
awareness poster. Thank you to the City for assistance
in Safe Kids Week for our community.
We look forward to hearing from the City Council
regarding funding for the disposal of the unsafe
products on June 7, 2003.
Thank you,
Donna Dalgleish
Coordinator,
Ontario Early Years Centre-Niagara Falls
2999 Dorchester Rd.
Niagara Falls, ON
L2J 2Z9
905-357-2398
r.m.,~m;e, jm~q~G.~FFiLLS CLERKS (_).J (J~].6 ~,'~x 150. Niagara Falls,
The Niagara Parks ,..,,,,,,,oo,..
Brian E. Merrett
Jahn Kernahan
Ontario Gmneral Mar~
Apzil 17, 2.003
Mr. Dean Iorfida, City Clerk
City of Niagara Falls
4310 Quean Street
Niagara Falls, ON L2E 6X5
Re: Falls Fireworks - Sunu~er 2003
Dear Mr. Iorl~da:
The Niagara Parks Commission and sponsors request permission to can-y out fireworks displays
for the summer of 2003. The fireworks will be launched in the Niagara Gorge between the Maid
of the Mist Steamship Company and the Ontario Power Station at the new approval fireworks
launch site. Approvals have been received from.the.Niagara Falls Fire Protection and S afe~y
Depadment, Maid of the Mist, Ontario Power Generation and the Niagara Falls Illumination
Board. The display dates and times are as follows:
7 minute shows
10-12 minute shows
7 minute shows
Every Friday and Sunday from May 16a to August 31 a, 2003
Victoria Day, Memorial Day, July 1~ and July 4~h, 2003
Every Friday throughout September
The displays will be installed and fared by the pyrotechnical experts from David Whyasll
International Fireworks, Inc., Kenilworth, Ontario. They are familiar with the site and have been
extanded for a 4~h year.
The City of Niagara Fall.~ is listed as co-insured with liability coverage for $5,000,000.00. A
Certificate of Instttanee is attached for the opening on Friday, May 16'~ and proof of insurance for
the additional dates will be sent within the next 7 days directly to you by David Whysall,
Specialty Pyrotechnics 2003.
Thank you for your assistance.
Sincerely~,x..~
Murray Mold
Senior Director
Marketing & Business Development
Allach.
PLANNING I ,(EETtNG HAY 1 2 2003
05/05/2003 12:49 FAX 905 356 8448 ICC NIAGARA PARKS ~003
MAR-~7-E~03 0~4~P FROM:D~UID WHYs~LL 519 787 ~639 TD:19053568448 p:5~G
CEE'Ill. CATE OF INSURANCE
Cit~ erNst?w, Falls
'NOG 2E0
I.~n ~m~ Ol~rml~ m ~ OPERATIONS OF ~ NAMF~ INI?IJRED
,,,~t~ ~is C.~ln~.m .,~-..-, R~; A~ p~r 2003 Fd[n Fire Work~ Sch~[tdn
K~qD OF POLIC'Y POLICY NUMBER EXPIRY DA'fi/ ~ OF I,,IA~-[[.JTY
PROP~TY
~ 5,~,~0 .~
NOTE: 'l'be (;i~' ~f Ntapr~ Falls, i~ employes a~d a~, ~ adtl~l am odmtlonnl iusuFed~ but only ~ ~ ~ lhb~
ar~ ~t or~ o~ of ~n n~ ~ ~e ~ ~ a ~h~ ~ a~ ~U ;~ and u~
Corporate Services Department
The City of
Niagara Falls lJ~l~-
Clerk's Division
4310 Queen Street
P.O. Box 1023
Niagara Fatls, ON L2E 6×5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-maih
(905) 356-7521
(905) 356-7404
dio~da@ci~.niagarafalls.on.ca
May12,2003
CD-2003-12
Dean Iorfida
City Clerk
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
CD-2003-12
Amendment to the Municipal Event Calendar
and Allocation of Bingo Events
RECOMMENDATION:
That the event calendar be amended to change the number of bingo events conducted at
10:00 p.m. to 12:00 midnight (referred to as the late night time slot) on Saturday and
Sunday. The change to reduce the number of events fi.om two per day to one per day.
That events be allocated to these organizations from the 7:00 p.m. bingo tune slots at both
the Delta Monte Carlo and Bingo Country bingo halls.
The allocation be as indicated on the attachment titled: New Scheduled Events for the 7:00
p.m. time slot.
That the change to the Monday and Tuesday sessions become effective May 19, 2003 and
the allocation for the Saturday and Sunday groups be effective June 1, 2003 and the attached
schedule of events be approved.
5. Th~ the mu~cipal policy be amended to reflect these changes.
6. and further, that an evaluation be conducted at the end of 2003 to see how
BACKGROUND: these changes are working out.
On April 22, 2003 the City of Niagara Falls was advised by the Delta Monte Carlo and Bingo
Country bingo halls of changes the halls were making to their operations. As of May 17, 2003 Bingo
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
- 2 - CD-2003-12
Country will no longer be conducting a 10:00 p.m. (referred to as the late night time slot) on
Saturday and Sunday. The Delta Monte Carlo will no longer be conducting a 9:45 p.m. (referred
to as the late night time MoO on Monday and Tuesday. The Monday and Tuesday late night bingo
events will move to Bingo Country and be operated there.
There has been a decline in the bingo market across the Province. Estimates range from a 20%
reduction to as high as a 40% reduction. The City of Niagara Falls experienced a 13% reduction in
2002.
At the present time the bingo event calendar for the late night time slots is as follows:
Bingo Country_
Delta Monte Carlo
Monday
Tuesday
Wednesday 1
Thursday 1
Friday 1
Saturday 1
Sunday I
The proposed change is as follows:
Bingo Country
Delta Monte Carlo
Monday 1
Tuesday 1
Wednesday 1
Thursday 1
Friday 1
Saturday
Sunday
The bingo event calendar is a municipal policy adopted by Council on May 30, 1988 as outlined in
report CD-88-26, titled Bingo Operations in Niagara Falls. At that time the City introduced the
event calendar, there were four bingo halls in the City of Niagara Falls. It was determined that by
limiting the number of events that could occur at any given time, the opportunity for profit would
be increased. Since 1988, the event calendar has been amended at least twenty times, as market
forces dictated. (In all instances, no organization conducting bingo ceased to operate bingo).
Where events were reduced or eliminated, those organizations were placed into the market, through
the introduction of new events or reallocation of existing organizations' number of events.
A major change occurred in 1999. Two (2) of the four (4) bingo halls operating closed in November.
A number of organizations were displaced as a result of the closures. The City undertook to assure
that these organizations were able to continue to access bingo events. This involved the introduction
of new times slots and reduction in the number of events organizations conducted.
- 3 - CD-2003-12
At this time, With the changes being made by the bingo halls, seven organizations operating bingo
will see a disruption or cancellation of their bingo events. They are as follows.
Russell Masterson Amateur Athletic Assoc. -
Chippawa Volunteer Firefighters Assoc.
St. Antoine Church
NF Volunteer Firefighters Station #6
Bi-weekly Monday late night Delta Monte Carlo
Bi-weekly Monday late night Delta Monte Carlo
Bi-weekly Tuesday late night Delta Monte Carlo
Bi-weekly Tuesday late night Delta Monte Carlo
The above organizations will be permitted to move from the Delta Monte Carlo to Bingo Country
in the same time slot and day as they currently operate.
Italo Canadian Centennial Club
Niagara Falls Aero-cats Gymnastics
Niagara Falls Girls Soccer Club
- Weekly Saturday late night Bingo Country
- Bi-weekly Sunday late night Bingo Country
- Bi-weekly Sunday late night Bingo Country
The above events have been cancelled, therefore the above organizations will no longer have any
bingo events after May 17, 2003.
In order to allow these organizations continued access to the bingo market, there needs to be some
event reallocation. Staff needed to find events for these organizations to operate, so the can continue
to derive revenue from bingo. At the present time, 89 organizations conduct bingo in the City of
Niagara Falls.
As there are no events currently available for the displaced organizations, Staff reviewed the number
of events each organization is currently operating. At the present time, weekly bingo licences are
issued for the 12:30 p.m. (referred to as the afternoon time sloO and the 7:00 p.m. (referred to as
the evening time slot). Since the early 1990's, no new organization in the bingo industry has been
issued a weekly bingo licence, as there are not enough events to permit this.
In order to provide the Italo Canadian Centennial Club, Niagara Falls Girls Soccer Club and the
Niagara Falls Aero-cats Gymnastics with continued bingo revenue, Staff is proposing that the 7:00
p.m. time slot Monday through Saturday at both the Delta Monte Carlo and Bingo Country bingo
halls have one (1) bingo event per quarter, per day set aside for allocation. This amounts to four (4)
events per year for each day. The Sunday groups are not affected, as for the most part, they are
already conducting bi-weekly bingo events. Staff have attached a chart to show which organizations
would see a reduction in the number of their bingo events in 2003 and 2004.
This allocation would provide twenty-four (24) bingo events at 7:00 p.m. at Bingo Country and
twenty-four (24) bingo events at 7:00 p.m. at the Delta Monte Carlo. These events would be
allocated as follows:
Current # of Events New # of Events
Italo Canadian Centennial Club
Niagara Falls Girls Soccer Club
Niagara Falls Acro-cats Gymnastics
52 24
26 12
26 12
- 4 - CD-2003-12
As you can see, those organizations whose events were cancelled, are not being given the same
number as they originally had. There are several reasons for this. One is that the 7:00 p.m. bingo
time slot is the most profitable, so these organizations will generate more per bingo event than
previously. The second is that Stafffeel that proposing the reduction of four (4) events per year for
the affected 7:00 p.m. organizations was fair and reasonable and should not cause a major hardship
to any of the organizations.
It is important to understand that organizations conducting 52 bingo events per year (referred to as
a weekly bingo licence) do so primarily because they entered the bingo market in the late 1980's or
early 1990's. At that time there were more events than organizations. Organizations currently
conducting bi-weekly or monthly bingos do so because Staff have restricted the number of events
they may conduct. The majority of these organizations also wish to have more events than they are
permitted.
This is the proposed schedule, however these changes will require five (5) of the seven (7)
organizations to change bingo halls. It would be preferable to see as little disruption as possible, so
Staff will meet with the seven (7) affected organizations. Arrangements may be permitted that
would allow these organizations to remain in their current hall by changing their current scheduled
event. All parties to a proposed change would need to be in agreement and the City would approve
any changes.
Staff held a meeting on Wednesday May 7, 2003 with the affected organizations and there were no
overriding concerns addressed at that time.
Prepared by:
A. Duerksen
Lottery Licensing Coordinator
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Recommended by:
Dean Io/~
City Clerk
Approved by:
T. Ravenda
Executive Director of Corporate Services
:ad
attach.
2003
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
2004
SCHEDULE OF EVENTS TO BE ALLOCATED FOR 2003 AND 2004
THESE EVENTS ARE THOSE TO BE GIVEN UP BY THE 7:00 P.M. ORGANIZATIONS
June 2 September 1
June 3 September 2
July 2 October 1
July 3 October 2
August 1 November 7
August 2 November 1
December 1
December 2
Monday March 1 June 7
Tuesday March 2 June 1
Wednesday January 7 April 7 July 7
Thursday January 1 April 1 July 1
Friday Febnmxy 6 May 7 August 6
Saturday February 7 May 1 August 7
September 6
September 7
October 6
October 7
November 5
November 6
December 6
December 7
NEW SCHEDULE OF EVENTS FOR 7:00 P.M. ORGANIZATIONS
GROUPS WITH REDUCED EVENTS cuRRENT 2003 NEW 2003 EVENTS 2004 EVENTS
EVENTS
Chippawa Lions 52 49 48
Niagara Ten Club 52 49 48
Niagara Youth Orchestra 36 34 32
Fallsview Hose Brigade 52 50 48
St. Lukes Church 52 50 48
Knights of Columbus 26 25 24
Niagara Falls Blind Bowlers 26 25 24
N.F. Labour Charitable Foundation 52 49 48
Navy League 52 49 48
John Howard Society 52 50 48
Stamford Centre Vol. Firemen 52 50 48
Niag. Pen. Cdn. Hungarian Sports Centre 52 50 48
Optimist Club 26 25 24
St. Francis Church 26 25 24
]'he City of
Niogoro Foils
Cc~nodo
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on .ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
darrells@city.niagarafalls .on .ca
MW-2003-90
Ed Dujlovic
Director
May 12, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2003-90 - Appointment of a Consulting Engineer to prepare
Detailed Design of the Casino Road Improvements
RECOMMENDATION:
That the City of Niagara Falls enters into a consulting services agreement with Delcan Corporation
for the detailed design of the Casino Road Improvements.
BACKGROUND:
As Council is aware, Delcan Corporation has been engaged to complete the Environmental
Assessment and prepare the base plans for the road improvements associated with the new casino.
A separate report is dealing with the Environmental Assessment this evening.
The next step in the process is to complete detailed design for Fallsview Boulevard, Murray Street,
Dixon Street, Dunn Street and Portage Road. For a project this size, City policy requires the
preparation of a request for proposals and the invitation of several engineering firms to submit
documents. However, that process requires approximately one month to complete. As Council is
aware, the time lines are critical and Staff is trying to find ways to save time in an attempt to
complete this work by April 2004. Even though it is against policy, Staff is recommending that we
directly appoint Delcan Corporation to do this work for the following reasons:
direct appointment will save approximately one month for construction;
since Delcan completed the Environmental Assessment, they are well aware of all the issues,
which will save time during the design process; and
Staff has reviewed the cost estimate for design and find that it is reasonable for the required
work.
Delcan has submitted a price of $330,330 which includes $32,000 for stakeholder consultation and
$32,000 for overtime allowance.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
/v~qy 19, 2003 -2- MW-2003-90
Both these items may not be fully utilized and the City could have a reduction in costs.
Council's concurrence with the recommendation would be appreciated.
Preparsdd~y:
Darr~Eng.
Manager of Engineering Services
Approved by:
Ed Dujlovic, P.Eng.
Director of Mtmicipal Works
Respectfully Submitted by]
John MacDonald
Chief Administrative Officer
Community Services Department
T ..... Municipal Works
ne city oT II . 4310 Queen Street
Niagara Fallsll~ P.O. Box 1023
Canada ~~ Niagara Falls, ON L2E 6X5
~~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
MW-2003-88
Ed Dujlovic
Director
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
May12,2003
Members:
Re;
MW-2003-88
Dorchester RoadRehabilitation between MountainRoad and Isaac
Street
RECOMMENDATION:
It is recommended that this report be received and filed for information.
BACKGROUND:
In our Five Year Capital Construction Program, Dorchester Road between Mountain Road and
Thorold Stone Road, was included for a Traffic Study Environmental Assessment to determine its
future needs due to potential traffic growth. However, traffic growth has not taken place as
anticipated. Further, this section ofroadwayhas deteriorated to a point that if work is not carried out
immediately, complete road reconstruction will be necessary. Staff has also received a number of
calls regarding the condition of this roadway and when it would be fixed.
Therefore, Staff will remove Dorchester Road from our Five Year Capital Program and will include
a Cold-h-Place Recycling program for this roadway this year. It is anticipated that tenders will be
called in May with a late June start. This work would include pulverizing the existing asphalt, adding
asphalt cement and relaying same. Upon completion of this phase of the work a 40 mm thick top
asphalt course would be placed. Additional works such as shoulders and minor drainage works
would also be included. This work will provide an additional 15 to 20 years of life for this roadway.
At that time the traffic growth can be reviewed. Funding for this work will be from the asphalt
overlay and road rehabilitation program.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
May 12, 2003 - 2 - MW-2003-88
The tentative schedule for this project is as follows:
Tendering Period May 21
Council Award June 16
Construction Period June 30
to June 10
to August 1
Council's concurrence for this would be appreciated.
Prepared by:
Frank Higgins
Project Manager
fully su~
t'MA~t~rda tive Officer
Approv/p~by:
Director of Municipal Works
S:hREPORTS~2003 ReportsXMW-2003-88 Dorchester Rd TSR to Mountain.wpd
Community Services Department
T ..... .~,~ Municipal Works
ne m/or 4310 Queen Street
Niagara
Falls
P.O. Bo× 023
Canada ~~Niagara Falls, ON L2E 6X5
~T~ web site: www.cit¥.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujrovi@city.niagarafalls.on .ca
MW-2003-92
Ed Dujlovic
Director
May12,2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2003-92 - Lease to Niagara Region Police
RECOMMENDATION:
It is recommended that The City of Niagara Falls enter into a lease agreement with The Regional
Municipality of Niagara for parking purposes.
BACKGROUND:
The City was approached by the Niagara Falls detachment of the Niagara Regional Police requesting
to lease lands to provide parking for their officers. The City has agreed to lease a parcel of land,
formally part of the CP Rail Line, at the comer of Morrison Street and Erie Avenue. The lease is for
nominal consideration with all improvements being carded out by the Region and allowing the City
to terminate the lease upon giving six months notice.
Council's concurrence with the above recommendation would be appreciated.
Director of Municipal Works
espectfully submitted:
John MacDonald
Chief Administrative Officer
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
Community Services Department
Th 'T f ,,~,~ ~ Parks, Recreation & Culture
e ~ ~/0 jrj~lt 4310 Queen Street
Niagara FOIIS~.. p 0 Box 1023
Canado .,~' Niagara Falls, ON L2E 6X5
~T~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
R-2003-35
Adele Kon
Director
May 12, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Memb ers:
Re: R-2003-35 - Shrub Beds Maintenance in Various City Parks
RECOMMENDATION:
It is recommended that Tender TR05-2003 for the maintenance of shrub beds in various City parks
be awarded to Avenue Roots of Pelham, ON, for a total cost of $41,262.20 including all taxes.
BACKGROUND:
Over the past few years, the number of new parkland areas has increased faster than City park
maintenance crews can keep up with the maintenance. The contracting out of shrub bed
maintenance, on a seasonal basis will greatly assist the City park crews in maintaining a good quality
of service within high profile parks and City properties. The outdoor recreational sports fields,
general turf and tree maintenance within the parks system will continue to be maintained by our City
Staff.
On May 6, 2003, the above Tender TR05-2003 closed and two (2) bid proposals were received for
the maintenance of shrub beds in various City parks. The results are as follows:
Total Price including all taxes
$41,262.20
Company:
Avenue Roots
Pelham, ON
KNM Nurseries
Pelham, ON
$43,484.26
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
May 12, 2003 - 2 - R-2003-35
Recommend~d~by: ~
Director of Parks, Recreation & Culture
Respectfully submitted:
John M~cD~onatd~~
~~ninistrative Officer
JD/das
S:\Council\Counci12003~R-2003-35 - Shrub Beds Maintenance in Various City Parks.wpd
The City of
Niagara FallsI
Canada
FireServices
5809 Morrison Street
Niagara Falls, ON L2E 2E8
web site: www.city.niagarafal[s.o ri.ca
Tel: (905) 356-1321
Fax: (905) 356-6236
E-mail: pburke@city.niagarafalis.on.ca
May 12, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: FS-2003-07 Purchase and Installation of Computer-Aided
Dispatch Software
Patrick R. Burke
Fire Chief
FS-2003-07
RECOMMENDATION:
That Council authorize the purchase and installation of an Intelliloader version 5.0 server
(hardware and software programs) from CriSys Limited of Markham, Ontario at a total cost of
$49,957.25 plus taxes.
BACKGROUND:
The 9-1-I system has been integrated with a computer-aided dispatch system (CriSys Intellimap
CAD). The CriSys Intellimap system relies on accurate up-to-date information. This information
helps us to dispatch the correct vehicles to the correct address in a timely fashion. Currently, the
information is required to be manually added or changed in the databases in order to keep the
information up-to-date. The intelliloader will update the information automatically and improve
our computer-aided dispatch system as soon as information is added to other Municipal
departments' data bases, i.e., building, tax, engineering, works, etc. This should help prevent delays
in locating an address, hydrants, etc. when emergency calls are received. This becomes more
important with a City such as ours which is developing at such a rapid pace; there is difficulty in
keeping information current.
Our current system does not have the capability of updating the information automatically. It has
to have all changes to the information done manually which causes delays in the information being
available to the dispatcher. Intelliloader is the only system which is capable of handling this
information in an automatic updating fashion.
Our recommendation is to purchase from CriSys Intelliloader based on:
It is compatible with our current computer-aided Dispatch system.
Smoke Alarms Save Lives - Check Your Smoke Alarm
Working Together to Serve Our Community
May 12, 2003 - 2 - FS-2003-07
It is compatible with the Municipal Computer system, integrates with the Geographical
Information System (G.I.S) and is approved for installation by Information Systems.
It will automatically update our database with all construction activities in the City, i.e.
subdivisions, streets, homes, watermains, hydrants, rural buildings, etc.
It will automatically update our street maps and allow us to print accurate maps of areas
for vehicle log books.
It will help to minimize potential errors from manually inputting information more than
once.
There is a one time implementation charge and one time licensing charge which includes
all version updates to the software.
It will be more cost effective in updating our information in the CriSys CAD system.
It will enhance our ability to expand our dispatch service to other Municipalities.
The supplier will be responsible for providing the full installation, testing of the equipment and
necessary training to the Communications Division, Fire Services staff and Information System
staff, according to Fire Services Standards.
FINANCING: Sufficient funds have been assigned in the approved 2003 Capital and General
Purposes budgets.
Prepared by:
Colin Ruddell
Assistant Chief
ved by:
E. P. Lustig ,
Director of Fire Services
Patrick R. Burke
Fire Chief
Rr~pectfully submitted:
fi' Chief Administrative Officer
CR:rs
The of
Niagara Foils
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-maih
(905)356-7521
(905) 371-2892
rkallio(~city.niagarafalls.on.ca
L.2003.35
R.O. Kallio
City Solicitor
May12,2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-35
Peterson Community Workshop Association (Chippawa)
and The Corporation of the City of Niagara Falls
Lease Agreement
Our File No. 1997-226
RECOMMENDATION:
That the City enter into a Lease Agreement with Peterson Community Workshop Association
(Chippawa) ("Peterson"), which Lease is attached hereto as Schedule"A", for the lands and premises
municipally known as 8198 Cummington Square, Niagara Falls.
BACKGROUND:
Since 1977, Peterson, a non-profit organization, has occupied the building known as the "Old
Chippawa Town Hall" and municipally known as 8198 Cummington Square, for the purpose ora
community workshop and school for arts and crafts and display of various artisans' wares.
Peterson is now interested in applying for funding through The Ontario Trillium Foundation and,
therefore, must comply with the Foundation's requirements in order to qualify for said funding. One
of such requirements is a formal Lease Agreement for the premises occupied by Peterson.
The particulars of the Lease are as follows:
Term often years commencing January 1, 2003 and ending December 31, 2012, with an
option to renew for an additional ten year term on the same terms and conditions, save and
except any further right of renewal.
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Clerks Finance Human Resources Information Systems · Legal Planning & Development
May 12, 2003 - 2 -
· Annual rental in the mount of Two Dollars ($2.00).
L-2003-35
Peterson to pay all taxes, charges and licence fees with respect to personal property, fixtures
and/or income.
Peterson to pay all telephone charges.
Peterson to provide and maintain public liability and property damage insurance in the
amount of Two Million Dollars ($2,000,000.00).
· The City to pay all realty taxes.
The City to pay all heating and air-conditioning charges and water rates and charges for gas
and electricity.
· The City to maintain the premises and keep same in a good state of repair.
Both Peterson and the City shall have the option to terminate the Lease upon twelve months'
written notice to the other.
Peterson agrees not to make any improvements or changes to the premises, without the City's
prior written consent.
This organization provides a valuable service to the community and serves as a model tenant for a
City-owned facility.
Prepared by:
Sheila Morocco
Exec. Secretary to City Solicitor
City Solicitor
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
ROK/sm
Attach.
THIS INDENTURE made effective this I st day of January, 2003.
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT, R.S.O. 1990.
BETWEEN:
Tm*~ CORPORATION OF THE CITY OF NIAGARA
FALLS
Hereinat~er referred to as the "Lessor"
OF THE FIRST PAP~
PETERSON COMMUNITY WORKSHOP ASSOCIATION
(CHIPPAWA)
Hereinafter referred to as the "Lessee"
OF THE SECOND PART.
PREMISES. TERM AND RENTAL:
1.01 WITNESSETH that in consideration of the rents, covenants, conditions and
agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and
performed, the Lessor doth demise and lease unto the Lessee those premises municipally known as
8198 Ctmunington Square, Niagara Falls, Ontario and which premises are hereinafter referred to as
the "Demised Premises", more particularly described in Schedule "A" attached hereto.
1.02 TO HAVE AND TO HOLD the Demised Premises for and during the term often
(10) years to be computed from the I st day of January, 2003 and from thenceforth next ensuing and
fully to be complete and ended on the 31 st day of December, 2012.
1.03 YIELDING AND PAYING therefor during the said term to the Lessor, its
successors and assigns without deduction or offset, the stun of TWO DOLLARS ($2.00), payable
in advance on the Lease commencement day and on each anniversary of the Lease commencement
day.
1.04 PROVIDED THAT the Lessee is not in default under any terms contained in this
Lease, the Lessor shall, upon the written request of the Lessee given to the Lessor not more than six
(6) months and not less than three (3) months prior to the expiration of the original term of this Lease,
grant to the Lessee a renewal of this Lease for a further term often (10) years on the same terms and
conditions, save and except for any further renewals.
-2-
LESSEE'S COVENANTS:
2.01
THE LESSEE COVENANTS WITH THE LESSOR:
(a) To pay rent.
(b) To pay all taxes, rates, charges and licence fees assessed or imposed in respect
of the personal property, fixtures, business or income of the Lessee.
(c) To pay for all telephone charges for the Demised Premises.
(d) To keep the Demised Premises and every part thereof in a clean and tidy
condition and not permit waste paper, garbage, ashes or waste or other objectionable material to
accumulate thereon.
(e) To use the Demised Premises for the purposes only of a community workshop
and school for arts and crafts and display of various artisans' wares, known as "Peterson Community
Workshop".
(f) To keep all sidewalks located on the Demised Premises flee from litter at all
(g) To abide by and comply with all lawful statutes, by-laws, rules and regulations
of every parliamentary, municipal or other authority which in any manner relates to or affects the
Demised Premises by reason of the tenancy of the Lessee; and to put the said premises in such state
o f repair as to comply with the said statutes, by-laws, rules and regulations and to indemnify and save
harmless the Lessor from any penalty, costs, charges or damages to which the said Lessor may be put
or suffer by reason of having to alter the said premises to conform with any such statute, by-laws, rides
or regul, ations by reason of the tenancy of the Lessee.
(h) Not to erect signs on the premises without approval of the Lessor.
(i) To provide, maintain and keep in force for and during the term, public liability
and property damage insurance in the name of the Lessee in respect of the Demised Premises and the
Lessee's operation thereon, with a limit ofnot less than TWO Mil .LION DOLLARS ($2,000,000.00)
inclusive and to furnish to the Lessor a Certificate of said coverage in a form satisfactory to the City
Solicitor; such policy to include the Lessor as an additional insured.
(j) The Lessee shall indemnify the Lessor against all fines, suits, claims, demands
and actions of any kind to which the Lessor may become liable by mason of any breach, violation or
.no.n-performance by the Lessee of any covenants, term or provision of this Lease or by reason of any
injury occasioned to or suffered by any person or any property because of any wrongful act, neglect
or default by the Lessee or any of its employees, servants or agents.
2.02 The Lessee shall not assign or sublet the whole or any portion of the Demised
-3-
Premises without the consent of the Lessor in writing first had and obtained, such consent not to be
unreasonably withheld. Any assignment or subletting shall in no event relieve the Lessee from the
responsibility of observing and performing the covenants herein contained including the payment of
rent for the whole of the tenn of the within Lease and renewal thereof.
LESSOR*S COVENANTS:
3.01
THE LESSOR COVENANTS WITH THE LESSEE:
(a) For quiet enjoyment.
Co) To pay all taxes, rates and assessments, including local improvements levied
against the Demised Premises for each of the years during the term.
(c) To pay for heating and air-conditioning of the Demised Premises.
(d) To pay water rotes and charges for gas and electricity.
(e) To maintain and keep in good and substantial repair, order and condition, the
Demised Premises.
4.01 PROVISO FOR RE-ENTRY for non-payment of rent and/or non-performance
of covenants, subject to the provisions of the Lease.
(a) If the Lessee shall fail to pay an instalment of rent payable hereunder when due
and shall allow such default to continue for five (5) days or shall fail to perform any of the covenants,
conditions and agreements contained and shall allow any such default to continue for ten (10) days,
then the Lessor may take possession of the Demised Premises herein described and this Lease
Agreement shall be terminated.
Co) In case suit shall be brought for recovery of possession of the leased premises,
for the recovery of rent or any other mount due under the provisions of this Lease, or because of the
breach of any other covenant herein contained on the part of the Lessee to be kept or performed, and
a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor,
including a reasonable solicitors' fee.
5.01 Provided that the Lessee will not remove from the Demised Premises during the
term of this Lease or any renewal thereof any chattels, fixtures or effects which are the property of
the Lessee even though there is no rent in arrears, without the written consent &the Lessor.
6.01 Notwithstanding anything else herein contained, the Lessor and the l~ssee shall
have the option to terminate this Lease at any time, provided that the party wishing to terminate, gives
the other at least twelve (12) months' prior written notice of its intention to exercise this fight. On
the termination date specified in such notice (the "Termination Date"), the Lessee shall deliver up
vacant possession of the Demised Premises and this Lease will be fully and completely ended as of
-4-
the Termination Date.
7.01 Upon the expiration of this Lease either by notice or by expiration of the term or
for any cause, all improvements made and fixtures attached to the Demised Premises by or on behalf
of the Lessee shall become the property of the Lessor, without payment of any consideration.
8.01 Tho Lessee agrees that the within Lease censtitutes the entire understanding between
the parties hereto and that there are no representations or warranties, oral or othenvise, except as
contained herein. The Lessee further agrees that it has inspected the Demised Premises prior to the
commencement of this Lease and that by virtue of these presents accept the said premises in the
condition that the same were in as of the commencement of this Lease.
9.01 The Lessee agrees not to make anyleasehold improvements or changes to the layout
of the Demised Premises without first submitting the plans to the Lessor and obtaining the Lessor's
written consent.
10.01 AND ITIS HE. REBY DISTINCTLY UNDERSTOOD AND AGREED BY AND
BETWEEN THE LESSOR AND THE. LESSEE THAT:
(a) The Lessee waives and renounces the benefit of any present or future statute
taking away or limiting tho Lessor's rights of distress and agree with the Lessor that notwithstanding
any such enactment, all goods and chattels from time to time on the Demised Premises shall be subject
to distress for rent.
Co) In case, without the written consent of the Lessor, the said Demised Premises
shall become and remain vacant or not used for a period of fifteen (15) days or be used by any other
persons other than the Lessee or for any other purpose other than that for which the same are hereby
demised, or in case the term hereby granted or any of the goods and chattels of the Lessee shall at any
time be seized or taken in execution or attachment by any creditor of the Lessee or the Lessee shall
make any assignment for the benefit of creditors, or becoming bankrupt or insolvent, shall take the
benefit of any act that may be in force for bankrupt or insolvent debtors, (or, if the Lessee is a
corporation), any proceedings shall be taken or orders shall be made for the winding-up of the Lessee
or for the surrender or forfeiture of the charter of the Lessee, then and in every case the then current
month's rent and the next ensuing three (3) month's rent shall immediately become due and payable
and, at the option of the Lessor, this Lease shall cease and terminate and the said term shall
immediately beceme forfeited and void, in which event the Lessor may re-enter in upon the said
premises or any part thereof in the name of the ~vhole and the same to have again, repossess and enjoy
as of their former state, anything herein contained to the centrary notwithstanding.
11.01 The Lessor shall not be responsible in any way for any injury to any person or for
any loss of or damage to any property belonging to the Lessee, or to employees, invitees or licensees
of the Lessee while such person or property is in the building located on the Demised Premises,
including (without limiting the foregoing) any damages to any such property cans ed by steam, water,
rain or snow which may leak into, issue or flOW from any part of the said building or any adjacent or
neighbouring lands or premises or from the water, steam or drainage pipes or plumbing works of the
-5-
Demised Premises or from any other place or quarter unless such damage is caused by anything done
or omitted to be done by any other tenant of the said building and unless such arise through the
negligence of the Lessor, its servants, agents, invitees and licensees. The Lessee covenants to
indemnify the Lessor of and from all loss, costs, claims or demands in respect of any injuries or
damage referred to in this paragraph for which the Lessee is in law responsible.
12.01 If the Lessee shall fail to perform anyofthe covenants or obligations of the Lessee
under or in respect of this Lease, the Lessor may f~om time to time, in its discretion, perform or cause
to be performed any of such covenants or obligations, or any part thereof, and for such purpose may
do such things as may be requisite, including, without iimitingthe generality of the foregoing, the right
to enter upon the Demised Premises or any part thereof as the Lessor may consider requisite or
necessary. The Lessee covenants that all expenses incurred and expenditures made by or on behalf
of the Lessee together with interest thereon at the rate of 10% per annum, shall be forthwith paid by
it to the Lessor, upon receiving written demand, and failing payment, forthwith upon such demand,
such amounts may be collected as rent in arrears.
13.01 IT IS ttEREBY AGREED by and between the patties hereto that any notice in
writing which either party may desire to give to the other with regard to any matter or thing in this
Lease contained may be validly and effectually given by mailing the same by prep aid registered post
or facsimile transmission, ifintanded for the Lessor, to:
The Corporation of the City of Niagara Falls
Attention: Law Clerk
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Telephone: (905) 356-7521
Facsimile: (905) 371-2892
and if intended for the Lessee, to:
Peterson Community Workshop Association (Chippawa)
8198 Cummington Square
Niagara Falls, Ontario
L2G 6V9
Telephone: (905) 2954846
and any such notice, if mailed, shall be conclusively deemed to be given to and received by the other
party, three (3) business days after the mailing thereof or if sent by faesi .mile transmission, on the date
the facsimile transmission was sent.
-6-
14.01 The captions in this Lease are for convenience only and are not to be considered
as part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease.
15.01 Words importing the singular number only shall include the plural and vice-versa,
and words importing the masculine gender shall include the feminine gender and words importing
persons shall include firms and corporations and vice-versa.
16.01 Unless the context otherwise required, the word "Lessor" and the word "Lessee"
whenever used herein shall be constructed to include and shall mean the successors and assigns of
thc Lessor and the successors and assigns of the Lessee.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their coxporate
seals, duly attested by the hands of their proper signing officers and the said si~vning officers certify
that they have authority to bind their corporation.
THE. CORPORATION OF THE CITY
OF NIAGARA FALLS
Per:
Wayne Thomson, MAYOR
Dean Iorfida, CITY CLERK
PETERSON COMMUNITY WORKSHOP
ASSOCIATION (CHIPPAWA)
Kathy'E~h~l~ington, Cl~airperson
ananne ~oldstock, Secretary/Treasurer
SCHEDULE "A"
Part Lot 101, designated as Part 2 on Reference Plan 59R-908.
Corporate Services Department
The City of Legal Services
Niogoro F(:]IIs ll~ll~ 4310 Queen Street
P.o. Box 4023
Niagara Falls. ON L2E 6X5
~ ~ -- web site: ww'w.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city.niagarafalls.on.ca
L-2002.36
R.O.
City Solicitor
May 12, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-36
Municipal Freedom of Information Appeal
Request for Resumes for Clerk's Position
Our File No. 2001-28
RECOMMENDATION:
That this Report be received and filed for information.
BACKGROUND:
By letter dated December 10, 2001, Alderman Carolyrm Ioannoni requested records of the City
relating to the hiring of the City Clerk. Pursuant to the Municipal Freedom of Information and
Protection of Privacy Act, certain records were given to Alderman Ioannoni and others were refused
because of restrictions under the Act.
A Mediator was appointed by the Privacy Commission to attempt to resolve this Appeal. Pursuant
to mediation, further records were given, but the records which Alderman Ioannoni wanted, the
resumes of all applicants for the position of City Clerk, were refused.
Alderman Ioannoni then appealed the City's decision to the Privacy Commission. Both Alderman
Ioannoni and the City made representations to the Adjudicator, who has now rendered a decision.
Attached as Appendix "1" is the decision or Order of the Adjudicator.
To summarize, the Adjudicator found that the City had satisfied all of the requirements of the
Working Together to Serve Our CommuniO,
Clerks · Finance · Human Resources Information Systems · Legal · Planning & Development
May 12, 2003 -2 - L-2002-36
Muncipal Freedom o fin formation and Protection of Privacy Act to exclude records of all resumes
for the position of City Clerk from being released to a member of the public.
City Solicitor
Respectfully submitted: /
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
ROK/sm
Attach.
e
Information and Privacy
Commissioner/Ontario
Commlssalr8 t I'lnformatlon
et ~ la protection de la vie privAe/Ontario
ORDER MO-1639
APpeal MA-020035,1
X
Z
City of Niagara Falls
80 E~loor Street West,
Suite 1700,
Toronto, Ontario
MSS 2V1
80, rue BIoor ouest
Bureau 1700
Toronto (Ontario)
MSS 2V1
416-326-3333
1-800-387-0073
~TY: 416-325-7539
-2-
interviews with all candidate names severed. The document listing the names of candidates and
times for interviews is no longer at issue in this appeal.
At the conclusion of the mediation stage the records that remained at issue were the resumes
together with, in some cases, the covering letters for the 16 applicants.
I initially 'sought representations from. the City. The city submitted representations and they
were shared in their entirety with the appellant. I then sought representations from the appellant
who submitted representations in response. The appellant agreed to share her representations
with the City. As the appellant's representations raised issues in response to the City's
representations, the City was given an opportunity to reply to the appellant's representations.
The City responded with reply representations that raised, for the first time, the application of
section 52(3)3 (application of the Act). I then sought reply representations from the appellant on
the application of section 52(3)3. The appellant submitted representations; however, her
representations were not relevant to the section 52(3)3 issue.
RECORDS:
There are 16 records at issue, comprised of the resumes and, in some cases, the accompanying
cover letters of applicants for the Clerk's position with the City.
CONCLUSION
The Act does not apply tO any Of the records at issue by virtue pf section 52(3)3.
DISCUSSION:
APPLICATION OF THE ACT
Introduction
As stated above, the Minist~ has taken the position that section 52(3)(3) applies to the records.
If section 52(3)3 applies to the records, and none of the exceptions found in section 52(4)
applies, section 52(3)3 has the effect of excluding the records from the scope of the Act.
Section 52(3)3 of the ACt states:
Subject to subsection (4), this Act does not apply to records collected, prepared,
maintained or used by or on behalf of an institution in relation to any of the
following:
Meetings, consultations, discussions or communications about
labour relations or employment-related matters in which the
institution has an interest.
[IPC Order MO-1639/Apri128, 2003]
-4-
Assistant Commissioner Mitchinson, in Order P-1258, clearly stated this office's approach to
requirement 2 in situations involving a job competition. He states:
I [...] find that in the context of a job recruitment process:
· an emploYment interview is a "meeting";
· deliberations about the results of a competition among the panel
are "meetings, discussions or communications", and sometimes all
three; and
· applications, reference letters and letters to the applicants are
"communications".
Moreover, the records generated with respect to these activities Would either be
for the purpose of, as a result of, or substantially connected to these meetings,
discussions or communications, and therefore properly characterized as being "in
relation m" them (Order P-1242). Therefore, Requirement 2 has also been
established.
I agree with the approach expressed by Assistant Commissioner Mitchinson.
Applied to this appeal, I find that the City collected, maintained and used the records in relation
to undertaking, conducting and completing a job:intervieTM process. For the interview, panel, this
· process necessarily involved the following three stages:
· discussing the screening of applications
· meeting with prospective candidates for interviews
· deliberating about the results of the job competition
I find that all three stages of this process constitute discussions, consultations, meetings and/or
communications. Accordingly, I find that the second requirement of section 52(3)3 has been
satisfied.
Requirement 3
To meet the third requirement the City must establish that the "communications" were "about
labour relations or employment related matters" and that the City "has an interest" in these
matters.
The City provided the following submissions on this third requirement:
...[T]he Court of Appeal in Solicitor General et al v, Mitchinson, Assistant
Information and Privacy Commissioner of Ontario et al. 55 O.R. (3d) 355, held,
[IPC Order MO-1639/Apri128, 2003]