2000/08/21PLANNING MEETING
August 21. 2000
PRAYER: Alderman Selina Volpatti
DISCLOSURES OF PECUNIARY INTEREST ~'
Disclosures of pecuniary interest and a brief explanation thereof will be made for
the current Council Meeting at this time.
PRESENTATIONS
Banner for Mike Stranges Send-Off
A banner will be presented to Council for signatures for Mike Stranges on his
pursuit of Olympic Gold.
DEPUTATIONS
Board of Museums
Ms. Kim Bubnick, Treasurer, Board of Museums wishes to provide an update
of the Board of Museums initiatives and upcoming events and activities.
Heart Niagara Community Public Access
Mr. Jim Boutilier, Manager, Heart Niagara Community Public Access,
wishes to address Council on the Defibrillation Program.
-2-
Licence to Operate a Hot Dog Cart
Messrs. John and George Wellman wish to address Council with respect to
obtaining a licence to operate a hot dog cart.
PLANNING MATTERS
ITEM NO. 2000-34
Public Meeting
Colangelo Estates Draft Plan of Subdivision
26T-11-2000-03 (Revised)
Zoning By-law Amendment Application;
AM-13/2000; 586112 Ontario Ltd. (In Trust)
Background Material:
Recommendation Report: PD-2000-92
- AND -
Correspondence from Mr. Sherman Zavitz.
Correspondence from Chown Cairns
Correspondence from Chown Cairns
Correspondence from Mr. Clyde Carruthers
Correspondence from Mr. Sterling Wood
MISCELLANEOUS PLANNING MATTERS
Chief Administrative Officer
PD-2000-89, City of Catharines Resolution;
Long Term Protection for Unique Agricultural
Areas.
- AND -
News Article from the Standard, dated August
10, 2000.
Chief Administrative Officer
PD-2000-90, Request for Extension to Draft
Plan Approval; Ascot Woods Extension 6
26T-92003; Owner: Ascot Woods Limited.
Chief Administrative Officer
PD-2000-91, Zoning By-law Amendment
Application; City File: AM-36/99, Peter J.
Lesdow; do Andrew Cserpes; Property:
Rainbow Motel and Hydro One Property; and
2) The Use of Hydro One (formerly Ontario
Hydro) Property for Parking.
Chief Administrative Officer
PD-2000-93, Application for Site Plan
Approval; SPC-29/2000; 8066 to 8078 Norton
Street; Proposed Five-Unit on-Street
Townhouse.
Chief Administrative Officer
PD-2000-94, Application for Site Plan
Approval; SPC-04/2000, 5651 Lewis Avenue;
Proposed New Warehouse for Kraft Canada.
Chief Administrative Officer
PD-2000-96, Regional Policy Plan Amendment
147; Minor Urban Area Boundary Expansion;
Thorold Stone Road and Kalar Road
(Northwest Comer).
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES:
Planning/Regular Council Meeting of July 17, 2000;
and Special Council Meeting of July 31, 2000.
MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS
lb)
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
The Royal Canadian Legion, Niagara Falls, Branches 51,396, 479 - Re:
Proclamation - requesting that Council proclaim the week of September 17u~ to
23~, 2000 as "Legion Week".
RECOMMENDATION: That the request be approved.
The Royal Canadian Legion, Niagara Falls, Branches 51,396, 479 - Re: Flag
Raising - requesting permission for a Legion Flag Raising Ceremony on Monday,
September 18, 2000 at 9:00 a.m. in honour of Legion Week.
RECOMMENDATION: That the request be approved.
The Royal Canadian Legion, Branch 51 - Re: Annual Parade - requesting
permission to use the venue of Fairview Cemetery to hold their annual parade to
the Unknown Soldier on September 17th, 2000 at 10:30 a.m..
RECOMMENDATION: That the request be approved.
-4-
Rotary Club of Niagara Falls Sunrise - Re: Community Festival - requesting
that the City recognizes the Rotary Club of Niagara Falls Sunrise "Art by the
Falls" Art and Craft Show being held on September 15, 16 and 17, 2000 and
designates the event as a "Community Festival" in Niagara Falls
RECOMMENDATION: That the request be approved.
Niagara Peninsula Canadian Hungarian Cultural Sports Centre - Re: Picnic -
requesting permission to hold a picnic on August 27t~, 2000 at the corner of
Montrose and Biggar Roads.
RECOMMENDATION: That the request be approved. ;-
Inter-Department Memorandum - Peter Corfield, Fire Chief - Re:
Proclamation - requesting that Council proclaim the week of October 8th through
October 14t", 2000 as "Fire Prevention Week".
RECOMMENDATION: That the request be approved.
Fetal Alcohol Support Network (FAS) - Re: Proclamation - requesting that
Council proclaim September 9~, 2000 as "Fetal Alcohol Support" (FAS)
Awareness Day.
RECOMMENDATION: That the request be approved.
McKinley-Milodynia Chiropractic Clinic - Re: Annual Man-A-Mile Relay Race -
requesting the use of Victoria Avenue, Valley Way, and Morrison Street for
the Man-A-Mile Relay Race on Monday, October 9th, 2000 at 9:00 a.m. at
McFarland Park.
RECOMMENDATION: That the request be approved.
Additional Items for Council Consideration:
The City Clerk will advise of any further Items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Alderman Victor Pietrangelo, Chairman)
Chief Administrative Officer
MW-2000-83, Public Information Session &
Open House for Collins Drive and Toby
Crescent.
-5-
Chief Administrative Officer
MW-2000-84, Contract 2000-187-00 -
Collins Drive and Toby Crescent Road
Reconstruction.
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
MW-2000-85, Contract 2000-190-00 - 2000
Watermain Replacement Program.
BBS-2000-01, Appointment of Inspectors -
Robert Judge and Sandro Ella.
BBS-2000-05, Application for Projecting Sign;
Sign By-Law Variance Request By Poll, August
11, 2000, 5008 Centre Street.
RATIFICATION OF ENVIRONMENTAL PLANNING AND GREENING COMMITTEE
ACTIONS (Alderman Paisley Janvary-Pool, Chair)
Chair, Environmental Planning
and Greening Committee
R-2000-57, Actions Stemming from the
Environmental Planning and Greening
Committee Meeting of July 17, 2000.
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
(Alderman Wayne Campbell, Chairman)
MISCELLANEOUS MATTERS
Chief Administrative Officer
CD-2000-19, Advance Polls - 2000 Municipal
Election.
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
CD-2000-20, Hours of Voting.
CD-2000-21, Special Occasion Permits.
L-2000-62, Street Name Change; Part of
Edgeworth Road to become Weinbrenner
Road.
¸5.
Chief Administrative Officer
Chief Administrative Officer
L-2000-63, Release of Site Plan Agreement;
2886 Stanley Avenue (at Church's Lane).
L-2000-65, Erskine Agreement with the City;
Building Permit ~ Testamentary Devise.
-6-
Chief Administrative Officer
L-2000-66, Niagara District Airport-
Agreement.
Chief Administrative Officer
L-2000-67, Establishment of Daylighting
Triangles as Public Highways; Russell Street
and Robinson Street.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
RESOLUTIONS
That the Ministry of Energy, Science and Technology amend Bill 100, "An Act to
Promote Efficiency, in the Municipal Electricity Sector and to Protect Consumers
from Unjustified Rate Increases" and that the for-profit option originally proposed
for local electric utilities be retained.
That the Council hereby recognizes the Rotary Club of Niagara Falls Sunrise "Art
by the Falls" Art and Craft Show being held on September. 15, 16 and 17, 2000
and designates the event as a "Community Festival" in Niagara Falls.
That the City Council formally oppose the issuance of a liquor licence to
Elektrowerkz Care or any renewal of liquor licences for the Anaconda (former
Cell Block).
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the
by- laws listed for Council consideration.
2000-161
To provide for the adoption of an amendment to the City of Niagara Falls
Official Plan Amendment No. 30. (Re: AM-47/98, Canada Niagara Hotels
Inc.)
2000-162
To authorize the execution of an agreement with respect to the operation
of the Niagara District Airport.
2000-163 To provide for advance votes to be held prior to voting day.
2000-164
To provide for hours of voting on election day and reduced hours of voting
in institutions and retirement homes.
2000-165 To amend By-law No. 79~200, as amended. (AM-02/99; c/o Reno Marcon)
2000-166
2000-167
2000-168
2000-169
2000-170
2000-171
2000-172
2000-173
2000-174
2000-175
2000-176
-?-
To amend By-law No. 93-283, as amended, being a by-law to appoint a
chief building official and inspectors under the Building Code Act.
To authorize the execution of a supplemental agreement with Canada
Mortgage and Housing Corporation respecting the Residential
Rehabilitation Assistance Program (R.R.A.P.).
To establish Part 3 on Reference Plan No. 59R-11067, as a public
highway, to be known as and to form part of Russell Street.
To establish Part 1 on Reference Plan No. 59R-9906, as a public
highway, to be known as and to form part of Robinson Street.
To authorize an Agreement, dated July 27, 2000, between Mary Erskine
and Robert James Erskine and The Corporation of the City of Niagara
Falls regarding application for a Building Permit.
To change the name of part of Edgeworth Road designated as Parts 1
and 2 on reference Plan No. 59R-11122 to be known as and to form part
of Weinbrenner Road.
To authorize a Release of a Site Plan Agreement registered in 1990 as
Instrument No. 594918 on the title to property now owned by Classic '59
Investments Inc.
To provide for the adoption of an amendment to the City of Niagara Falls
Official Plan Amendment No. 31. (Re: AM-24/00)
To authorize the execution of an Agreement with Centennial Construction
and Contracting (Niagara) Inc. respecting road reconstruction on Collins
Drive and Toby Crescent. (Re: Report MW-2000-84)
To authorize the execution of an agreement with Condotta Construction
Limited respecting 2000 Watermain Replacement Program. (Re: Report
MW-2000-85)
To authorize monies for General Purposes. (August 21, 2000)
NEW BUSINESS
BOARD OF MUSE UMS
Niagof~ Falls
Canada aB~dbl~ ~ ~r~ ~ ~e~r ~'
c/o Lund~'s ~ne H~storic~] M~se~m, 58Io ~e~ S~et, Ni~ F~ts~ ON L~G
Mr. Woody Wagg
City of Niagara Fails
4310 Queen Street
Niagara Falls, L2G
Dear Mr. Wagg,
I have enclosed a copy of the information I wish to present to City Coundl on August
14, 2000 or alternately, August 21, 2000.
Please contact me at 685-1539 ext. 234 during business hours to confirn-t the date and
time for the presentation I would like to make to City Council.
Thank you for your time.
Sincerely,
Kim A. Bubnick
Treasurer, Board of Museums
BOARD OF MUSE UMS
"B ;tiMing a Future out of our Past"
c/o Lundy's Lane Historical Museum, 5810 Ferry Street, Niagara Falls, ON L2G IS9
Mayor Wayne Thomson and Members of Council
City of Niagara Falls
4310 Queen Street
Niagara Falls, L2G
Your Worship and Members of Council, I'm here to present to you on behalf, of the City of Niagara Falls Board
of Museums, a continued update of the Board of Museums initiatives, the volunteer members .h~2, the second
newsletter, (please see attached in your package) as well as upcoming events and activities. Thgse efforts will
continue to support programming that will draw not only tourists, but local visitors as well.
We would like to thank those members of Coundl who show their continued support of the City owned
Museums at the open house held May 28, 2000. (See attached newspaper article and a copy of the invite.)
Ithere is a need to begin the expansionof the museum now! It is the Board's continued intention to revitalize
the Lundy's Lane Historical Museum building expansion plans and forge ahead to make it a reality in time to
commemorate the War of 1812 Bi-Centennial. At this time we will be concentrating our efforts on an Autumn
fund raiser (more details at a future date) not only to promote our museums, but also to provide some much
needed funcling for the expansion plans.
It is our opinion that the City of Niagara Falls is a world class tourist destination, and as such, it our
responsibility to ensure that our museums present a visitor with a world dass experience. There is a need to
better serve our visitors and residents as well as doing justice to the most important conflict known to our city,
the Battle of Lundy's Lane, which was also a significant turning point in Canadian history. The Lundy's Lane
Historical Museum needs to have the continued moral and financial support of this Council to make the
Niagara Falls Board of Museums' vision of expanding the Lundy's Lane Historical museum a reality. We hope
that this can be accomplished by the City of Niagara Falls while it is also focusing its attention on other
important Heritage properties.
I would like to thank you on behalf of the Board of Museums for giving me the opportunity to present tonight.
Sincerely,
Kim A. Bubnick
Treasurer, Board of Museums
Lundy's I. ane q~storical B4useum
581o 'F,~,y Strut
358-5082
wia'ou~hby ~['isrorical qvluseum
9935 ~bl~u~ara ~arf'way
295-4036
ZEHRS FOOD pLUS CASH
izehrs zehrs
i m~"i{e~s food plus
·
,
1
THE WAY IT WAS: Wearing the uniform of a sergeant in ~e Glengarry Light Infantry Fencibles, War of 1812 military re-enactor Jesse
Pudwell conducts a guided tour of the Lundy's Lane Battlefield as part of open house activities at the Lundy's Lane Historical Museum Sunday.
Standing at the corner of Main Street and Peer streets.' Pudwell describes the location as it would have appeared on the evening of July 25,
1814 when regiments of an American invasion force formed up their lines in preparation for an assault on the British occupied heights that
lay before them. PhotO: John Robbins I Review
Lundy's Lue
The Publication of the City of Niagara Falls Board of Museums
W~ll~u~txby
The Willoughby Museum
Former S.S.#2 Willoughby Township School, in use from
1916 to 1957 is now the home to Willoughby Historical
Museum. Opened in 1968 to commemorate the historical
significance of the foimer Willoughby Township, the mu-
seum is home to a variety of exhibits that display various
time periods of Niagara's rural roots.
Many school related items including a photograph of
Willoughby S.S. #2 in session help bring the visitor come
from the past to the present as they look around the build-
ing. Highlights of the Willoughby collection include a War
of 1812 exhibit, pioneering tools, appliances and
housewares as well as a tribute to telecommunication in
Niagara.
The Baffle of Chippaws is featured in the war of 1812 ex-
hibit that includes regimental buttons,. bullets, cannon balls,
written material about the war and a variety of guns from
various time periods.
If you feel like making a phone. Call you can. With the
assistance of the museum staff, y6u can try your hand at
operator duty with a turn of the century switchboard. A
small display about tele-communications in Niagara is cen-
tred around this showpiece.
Pioneering life in rural Ontario is well represented with
many and unusual items including numerous houseware
artifacts, a wood stove that was manufactured in Chippaws
and many antique.dishes on display, including a set that
came from Scotland in 1846. There is also a panoiama of
pioneering tools and farm implements as well as some of
the first electrical appliances used in Willoughby Town-
ship!
A wonderful bedroom vignette filled with antique furni-
ture, clothing, toys and a specially made Centennial Quilt
embroidered with many familiar Willoughby names. In
addition to all these pioneer articlei is a printing press
from 1886. This particular printing p;r.ess was used
by Empire Novelty in nearby Chippaws during that
time.
Also included in the collection is a fantastic display
of German Bibles and many of the original land
grants and title deeds to the lots in Willoughby Town-
ship:
Take i~ step ba~k in-time to Niagara's country cross-
roads. Visit' the Willoughby Historical Museum
soon!
What am I?
I a'm two times eight feet tall,
I can lift a tree in a single haul
two horse power is my speed
along With a helper at the lead
the Willoughby Museum is now my home
can you guess what I am from this poem?
All submissions are welcome. Please forward in care of:
Lundy's Lane Historical Museum, 5810 Ferry Street, Niagara Falls, ON L2G 159.
Lundy's Lane
Volume 1, Issue 2
Circa...
The Publication of the City of Niagara Falls Board of Museums
A Quarterly Newsletter for Museum Volunteer Members
Willoughby
~gss ~/aSara
June 2000
City Of Niagara Falls
Board of Museums 2000
Chair
Alderman, Shirley Fisher
Vice-Chair
Ken Warren
Secretary
Peter McKenna
Treasurer
Kim Bubnick
Sherman Zavitz
Jesse Pudwell
John Harkness
Jim Mitchinson
Gordon We. st
Bernie Villamil
Lundy ~ Lane Museum
Margaret-Anne Tabaka
W~lloughby Museum
Emma Chambers
Recording Secretary
Verna Reid
Volunteer Open House :'
Success! We had a wonderful turnout at the Volunteer Open House, and the tour
of the Battlefield with Sgt. Jesse Pudwell was spectacular! Sgt. J;se Pudwell
(Board Member, Museum Member, Volunteer, Etc.) dressed in his Glengarry uni-
form, gave a living history walking tour of the Battle of 1814.
This media opportunity was another visible testament to the successes of the City
of Niagara Falls Board of Museums (NFBOM) initiatives. This Volunteer Mem-
bership Program Open House, being the first of its kind, displayed growth for
community awareness - one of the NFBOM objectives.
With representatives from the corporate sector, community groups, s~hools, city
council and the media, our members in attendance experienced the growing re-
birth of our city's past and what the museum has to offer.
All of this could not have been possible without the great support received from
Donna, Janet, Jean and most of all from our Curator, Margaret-Anne. Thank you
to all and may the future bring more of the past alive with events .like this.
Save-a-Tape Program
Establishing parmerships is a precious means of reaching objectives. Recently,
another' NFBOM initiative - to support the long term goals of our membership
and volunteers - brought Zehrs into the fold. One of their community programs
involves the collection of register tapes to assist in fundraising efforts for commu-
nity projects. So help us secure the interests of our past by saving your Zehrs
receipts or collecting them from friends, family and co-workers. (Feel free to
make copies of the enclosed poster to get the word out).
July 1
July 24
August 4
September 24
Calendar of Events
Canada Day, Visit us at Optimist Park! Enjoy the fun and
festivities!
Volunteer Meet and Greet and Fundraising Get-together!
Antique & Classic Car Club of Canada, Willoughby Histori
cal Museum 8:30-8:45 am for a short time. Antique, Classic,
& Vintage cars.
"Gas Up" Exhibits and Demonstrations of antique gasoline
powered engines, equipment, and vehicles.
cS'he City o qq~c~ara qzaCCs
~Boa/~of
VoCunteer ~em~ers~ ~roSram
invites you w:
~xplore Our ~rita~e
and
Req the ~ast ~live
at t~e:
LunaCy's £ane qlistorica( qvtuseum
58~o q;ernJ Street
Sunclay qv[ay 28, 11:30am to l:30ym
We invite you to take this opportunity
t'o 6ecome a
partner in history
and
see where the future can take
RSV P to 358-5082
~gilding a future from our past.
An initiative of the C~ of Niagara Falls Board of Museums
nvi ;ed
Sllrtda.y 54a.y 2 8~ 2 000
~1:3o~,. to
AUGUST 04/2000
JOHN/GEORGE/WELLMAN
#1- 4569 FIRST AVE.
NIAGARA FALLS,ONTARIO.
L2E-4G3 (905)354-0286
TO THE MAYOR AND MEMBERS OF CITY COUNCIL
THE CITY OF NIAGARA FALLS,
Please be advised that I,am writing your offices in reguards
to your previous request,that a letter of permission be
obtained from any licenced restaurant within two hundred feet
giving permission to the owners,operators of a hot dog ca=Et
to operate ,and ask City Council,to ammend the by law and
seek an exemption,to the same.
As the By Law officer was aware,the only restaurant that falls
within the boundary,was TACO AND TEQUILA.
We advised this officer that we had already obtained permission
from this party to conduct business in this location.
However,as requested,a letter of permission has been obtained.
A photo copy is attached,and the original will be filed with
City Council.
As you are aware.most of our season has been lost,although we have
done everything possible to ensure that we follow the By Law
as set out by the City of Niagara Falls.
We were inspected by the following parties:
1) NIAGARA FALLS FIRE DEPT. SITE INSPECTION,CART INSPECTION
2)'FREE GAS,FONTHILL. CART INSPECTION,PROPANE CYLINDER
INSPECTION AND ALL PROPANE LINES INSPECTED AND PASSED.
3) REGIONAL NIAGARA HEALTH INSPECTION. ALL PROBLEMS CORRECTED AND
HAVE PASSED TO THEIR SATISFACTION.
4) APPLICATION FOR LICENCE PENDING RESULTS OF COUNCIL ME~TING.
Please be advised that we wish to attend the next City Council
meeting,in an attempt to ask the Council to grant an exemption
so that we be licenced and be allowed to operate for the
duration of the season.
SINCERELY,
Letter of Permission
August 3, 2000
To Whom it May Concern;
Please be advised that John and George Wellms have approached me, in regards
to their efforts to operate a hot dog rending cart, which until one week ago was located
on Ferry. St.
I know that this cart was located within the two hundred foot boundary as set out
under the city by-law. However, I am not against the hot dog can being located at the
original location providing that it is agreed upon by City Council. and a license is
granted.
Dated this 3"~ day of August 2000,
Signature of i~h~,~~~Tequila
Witness
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Fax: 356-2354
E-mail: nfplan@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2000-92
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
August 21, 2000
PD-2000-92, Recommendation Report
Colangelo Estates Draft Plan of Subdivision 26T-11-2000-03 (Revised)
Zoning By-law Amendment Application AM-13/2000
586112 Ontario Limited (In Trust)
RECOMMENDATIONS:
It is recommended that:
1)
2)
Council determine if they wish to continue Dellpark Drive as originally intended across the
hydro haulage road trail (municipal property);
If Dellpark Drive is to be extended:
a)
b)
the Colangelo Estates Plan of Subdivision be draft approved subject to the conditions in
the attached Appendix;
the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after
notice of Council's decision has been given as required by the Planning Act, provided no
appeals of the decision have been lodged;
c)
d)
draft approval be given for three years, after which approval will lapse unless an
extension is requested by the developer and, subject to review, granted by Council; and
the application to amend the Zoning By-law be approved to provide the necessary land
use regulations to guide the development of the subdivision.
3)
If Dellpark Drive is not to be extended, the subdivision and zoning amendment applications
be deferred to consider alternative designs.
PROPOSAL:
The subject land is south of Mountain Road, between Dorchester Road and St. Paul Avenue, and extends
to the hydro haulage road trail (see the attached location map). The applicant proposes to subdivide a 1.67
hectare (4.13 acre) site into 17 single-detached lots and a block for future residential use in combination
with abutting land. There is 1 lot designed with direct access to Mountain Road. The proposed roadways
connect to Dellpark Drive and to land for future development to the east and west. The subdivision layout
is shown on Schedule 2.
Workin~ Toeether to Serve Our Community
August 21, 2000 - 2 - PD-2000-92
BACKGROUND:
The Planning Act requires that a Public Meeting be held on subdivision proposals prior to making a
decision. Council held the Public Meeting for this plan on May 8, 2000. The purpose of this first meeting
was to provide information on the proposed development and receive input. Several area residents spoke
at the meeting, with letters and a petition submitted to the City. Concems were raised about the extension
of Dellpark Drive and impact on the haulage road trail and traffic. All matters were to be referred to staff
for technical review and the preparation of a recommendation report for a future Council meeting. At the
conclusion of the Public Meeting, Council passed a motion to develop a plan for the overall area, to
preserve the haulage road trail and to examine traffic. However, no formal decision was made on the
subdivision application.
Staff held a meeting on May 17, 2000 with the developer and Mountain Road property owners. The
existing Neighbourhood Plan and various concept plans for the undeveloped land south of Mountain Road
were discussed. Most landowners were not interested in developing their properties currently but wish
to protect future development potential. Staff arranged a meeting with all area residents on July 19, 2000
at the request of the developer. Approximately 40 members of the public attended. Design options
prepared by the developer were presented respecting the roadway and trail crossing. Several residents
stated they did not want to consider any subdivision plan that showed a road across the hydro trail.
The applicant wishes to proceed with the plan as submitted. The required Public Meeting for the zoning
amendment is satisfied through tonight's meeting and provides another opportunity for public comment.
The recommendation report for the proposal is presented for a decision.
PLANNING REVIEW:
Various matters were considered in assessing the proposed plan of subdivision and zoning amendment.
Based on this analysis, and contingent on the Dellpark Drive connection to the land, approval is
recommended subject to appropriate conditions associated with urban development. The review of the
applications is addressed under the following headings.
Official Plan & Gauld Neighbourhood Plan
The City's Official Plan designates the property and the large undeveloped land south of Mountain Road
as Residential. The area comprises in total over 20 acres (8.1 hectares) for future residential development.
There are single-detached homes along Mountain Road on very deep properties. Fruit trees exist on a
portion of the subject site as well as the parcel to the east. The land to the west is partly cultivated. The
City's hydro haulage road trail and the hydro corridor are to the south. Established single-detached
residential areas are located further south. The Official Plan promotes the coordination of developments,
a compatible mix of housing types and variety of lot sizes to provide a full range of housing opportunities.
The subdivision provides a mix of single-detached lot sizes that adds to the supply in the area and is a
reflection of the strong market for this type of housing. The development should be compatible with the
surrounding uses.
The Gauld Neighbourhood Plan was adopted by Council in 1975 as a guide for future development. The
Plan allows for flexibility in assessing development applications over time while recognizing the basic
principles will remain valid. These principles include the integration of residential areas, proper roadway
connections and access to recreational areas. In the area of this application, the Plan shows low density
August 21, 2000 - 3 - PD-2000-92
residential, the hydro trail as open space and a road pattem that connects to Dellpark Drive and Mountain
Road in two locations. Dellpark Drive is under municipal control while the land shown with the other
roads serving the area are in private ownership. The property owner and abutting neighbours object to
the westerly street connection to Mountain Road indicated in the Gauld Neighbourhood Plan. A concept
plan submitted with the subdivision application demonstrates that this proposed development is consistent
with the street pattern in the Neighbourhood Plan.
Subdivision Design
The Dellpark Woods Subdivision (N. S. 10) was registered in 1971. The easterly limit of Dellpark Drive
was not designed as a cul-de-sac, but rather a dead-end. A reserve block exists at the end of the street to
restrict access to abutting land until future sections of the road are constructed. Municipal v~ater and
sanitary sewer must be extended from Dellpark Drive to service the land to the north. Sidewalks currently
end at the base of the trail slope. The roadway and services have always been intended to continue.
The Colangelo Estates proposal provides an integration with existing and future developments. Suitable
street connections are provided to the south, east and west. This will allow vehicle and pedestrian access
to schools, parks and major transportation routes. The subdivision street connecting to the west was
shifted further south from the initial plan to address concems of the abutting property owner. The
previous design would have dictated a certain lotting plan on the adjoining land whereas the revised road
location allows several options. Realignment will be needed to improve the Lucia/Dellpark/Daniel
intersection. Residents have suggested this plan only have access to Mountain Road through the proposed
Lot 14. This area has insufficient width for a standard road allowance and is not the preferred location
in relation to separation distance between future access points on this Regional road.
The existing Dellpark/Topaz/Lepp area contains approximately 60 lots with only one access point at
Dorchester Road. The extension of Dellpark Drive, and ultimate connection of the area to Mountain
Road, will improve emergency access for the existing subdivision. Within the proposed plan, temporary
emergency access will be provided to Mountain Road over Lots 12 and 14 until a permanent roadway is
constructed on adjacent land.
Hydro Haulage Road Trail
Except for the section within the hydro transmission corridor, the municipality owns the hydro haulage
road trail. The land was transferred to the City in approximately 1974. This recreational trail is a valuable
asset and amenity feature to the neighbourhood. It provides a link to Fireman's Park at the northwest
intersection of Mountain Road and Dorchester Road. Currently, the trail is elevated approximately 10 feet
(3.05 metres) above the grade of Dellpark Drive and land to the north. The trail is accessed at this location
by climbing a steep dirt path. The Parks Department' s preference is for the trail to remain in its present
state as a continuous, uninterrupted walkway.
This proposed subdivision development provides an opportunity to improve the accessibility of the trail
for all present and future users. Landscaping and design options (sloping down or bridge) were presented
by the developer at the July 19, 2000 neighbourhood meeting. If the roadway were to cross the trail, the
basic design alternatives presented would be acceptable to the Parks Department. If the Dellpark Road
connection is not approved, improvements are required to the trail access and to control slope erosion.
Changes to the dead-end roadway will also be needed for a vehicle tum-around.
August 21, 2000 - 4 - PD-2000-92
Severance Applications
The City's Committee of Adjustment considered applications in April to separate land containing existing
dwellings on Mountain Road from the balance of the property now proposed for this subdivision.
Following staff and agency review, approval of the applications was recommended and the Committee
granted the severances. This decision has been appealed to the Ontario Municipal Board by three separate
parties along Mountain Road with a hearing scheduled for September. Reasons cited for the appeals are
lot depth, drainage, fencing and possible impact on an abutting agricultural use. Attempts to negotiate a
resolution to the appeals have been unsuccessful. Notwithstanding the appeals, consideration of the
subdivision application is appropriate since the severances satisfied planning requirements and were
supported by the Committee. In the event changes are needed to the subdivision plan resulting from the
OMB hearing, these would likely be minor and a condition of approval has been included as a s. afeguard.
Traffic
The existing Dellpark Woods subdivision streets and those in the proposed plan are local or minor
collector roads intended to ean'y low to moderate volumes of traffic (area homeowners). The addition of
the new lots with access to Dellpark Drive would be a minimal increase in traffic. Further development
north of the hydro trail would involve a permanent access to Mountain Road. Traffic concerns were raised
in a letter submitted to Council on May 8, 2000 regarding Dorchester Road. This is an arterial roadway
designed to carry large volumes of traffic throughout maj or areas of the City. Dorchester Road is now
under the City's jurisdiction and the Municipal Works Division is considering undertaking a study to
review broader concerns such as roadway improvements and installation of traffic lights.
Zoning Amendment
The site is currently zoned DH (Development Holding) through Zoning By-law 79-200, as amended. This
is a holding category in anticipation of future development. The applicant has requested a zoning change
to a modified R1C (Residential Single Family) classification to permit the proposed subdivision. This is
the same zoning category as the residential development to the south. The requested modification is to
reduce the lot frontage required for a comer lot from the 18 metres (59.1 feet) specified in the by-law to
accommodate the subdivision design. The reduced standard is considered appropriate. House designs
on the comer lots should be selected to meet setback requirements.
Regional Comments
Standard conditions relating to servicing have been requested by the Regional Public Works Department
to allow development of this subdivision. In addition, the Region has requested that a storm sewer
connection be provided from Mountain Road to the subdivision to resolve drainage problems on that
roadway. The Region supports the proposed road pattern of the subdivision with no Mountain Road
access in this location. The Regional Planning Department notes that, subject to road access being gained
through the extension of Dellpark Drive, the development meets the basic requirements of the Regional
Policy Plan.
Regional Planning also reviewed the proposal with regard to the interests of the Ministry of Municipal
Affairs and Housing, Ministry of Environment, Ministry of Natural Resources and Ministry of Citzenship,
Culture and Recreation. A stormwater management report is a standard requirement. There are concerns
of potential soil contamination related to pesticides used in older orchards such as on a portion of the
August 21, 2000 - 5 - PD-2000-92
property. Some pesticides contained lead and arsenic which do not break down and therefore, an
Environmental Site Assessment is requested. Based on the property's location close to a native burial site
and along a historic transportation route, there is a moderate to high potential for archaeological resources
on the site. A condition of approval for an archaeological assessment is included.
Agency Comments
Canada Post has indicated that this subdivision will be served by Community Mailboxes. In addition, the
developer will be required to enter into separate agreements with several utility companies.
CONCLUSION:
Dependent on the extension of Dellpark Drive, as originally intended, the Colangelo Estates Draft Plan
of Subdivision is an appropriate development of the site. The application complies with the policies of
the Official Plan, is consistent with the principles of the Gauld Neighbourhood Plan, and should be
compatible with the neighbouring uses. The associated zoning by-law amendment will provide guidelines
for the construction of the dwellings. The required conditions of approval are listed in the Appendix.
If Council decides not to continue Dellpark Drive across municipal property (hydro haulage road trail),
this will require an alternative subdivision design on the subject land.
Richard Wilson
Planner 1
Respectfully submitted:
Edward P. Lus~ig
Chief Administrative Officer
Recommended by:
D n
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
RW:gd
Attach.
FILE: S:\PDR~2000XPD2000-92.wpd
August 21, 2000 - 6 - PD-2000-92
APPENDIX
Conditions for Draft Plan Approval
Approval applies to the revised Colangelo Estates Draft Plan of Subdivision prepared by
Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated May 17, 2000, showing
17 lots for single-detached dwellings and a block for future residential use.
The developer enter into a registered Subdivision Agreement with the City to satisfy all
requirements, financial and otherwise, related to the development of the land. Note: Should any
other body wish to have its conditions included in the Subdivision Agreement, they may be
required to become party to the Subdivision Agreement for the purpose of enforcing such
conditions.
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.
The subdivision be designed and constructed in accordance with the City's Subdivision Policy
which, in part, includes the following:
a) provision of a 20.0 metre road allowance width for Dellpark Drive;
b) dedication of the road allowances to the City as public highway and the streets named to the
City's satisfaction;
c) provision of water distribution, sanitary sewer and storm sewer systems; and
d) application of the City's Lot Grading and Drainage Policy.
The intersection of Lucia Crescent/Dellpark Drive/Daniel Court be modified to provide an
improved alignment.
The developer construct 1.5 metre wide sidewalks on the west side of Dellpark Drive to its
northeasterly limit, and south side of Lucia Crescent.
The developer pay the Development Charges in force at the time of execution of the Subdivision
Agreement.
The existing 0.3 metre reserve at the present terminus of Dellpark Drive (Block "B", N.S. 10) be
dedicated as public highway.
The developer grant the City and Public Utilities any easements required to service the
subdivision.
10.
The developer provide an interim emergency access route to Mountain Road over Lots 12 and 14,
designed and constructed to the satisfaction of the Fire Department.
11.
The developer submit a detailed grading and landscaping plan for the review and approval of the
Director of Parks, Recreation and Culture illustrating the treatment of the hydro haulage road trail
and Dellpark Drive extension.
12. The developer pay the City cash-in-lieu of 5% parkland dedication.
August 21, 2000 - 7 - PD-2000-92
13. The developer provide boulevard trees in accordance with City policy.
14.
The northerly section of the plan be adjusted, if required, in accordance with any Ontario
Municipal Board decision regarding Consent Applications Bll/2000/NF and B12/2000/NF
currently under appeal.
15.
The developer receive final approval from the City to the zoning by-law amendment to provide
land use regulations to guide the development of the subdivision.
16.
The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter
to the City's Planning and Development Department confirming that all lots comply with the
Zoning By-law. ~-
17.
The developer provide six copies of the pre-registration plan to the City's Planning and
Development Department and a letter stating how all the conditions imposed have been or are to
be fulfilled.
18.
The design drawings for the water, sanitary sewer and storm sewer facilities for this plan be
submitted to the Regional Public Works Department for review and approval.
19.
The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the
Regional Public Works Department for the necessary servicing for this development.
20.
The developer provide an easement for a storm sewer connection between Motretain Road and the
internal storm sewer system for the subdivision to the satisfaction of the Regional Public Works
Department.
21.
The developer submit a stormwater management report, prepared and certified by a qualified
professional engineer in accordance with the Ministry of Environment's "Stormwater Management
Practices Planning and Design Manual" (Jtme 1994), to the Regional Planning Department for
review and approval, and that the report's recommendations be implemented through provisions
in the subdivision agreement.
22.
The developer undertake a Phase 1 Environmental Site Assessment (ESA) (history of past site
use), prepared by a qualified consultant in accordance with the Guideline for Use at Contaminated
Sites ~n Ontario, Ministry of the Environment, February 1997 and a copy of the report be
submitted to the Regional Planning Department for review.
23.
If required, the developer undertake a Phase 2 ESA (soil testing), concentrating on lead and
arsenic, prepared by a qualified consultant in accordance with the Guideline for Use at
Contaminated Sites in Ontario for any lands identified in the Phase 1 ESA as potentially having
been impacted by older-generation pesticides and a copy of the report be submitted to the Regional
Planning Department for review.
24.
If the soil testing from the Phase 2 ESA reveals levels of any contaminants exceeding the Ministry
of the Environment's limits for residential use, a Phase 3 ESA (site remediation) be undertaken
by a qualified consultant in accordance with the Guideline for Use at Contaminated Sites in
Ontario and a copy of the report be submitted to the Regional Planning Department for review.
August 21, 2000 - 8 - PD-2000-92
25.
The developer provide a copy of a Ministry of the Environment-acknowledged Record of Site
Condition, signed by the owner and the consultant verifying that the site assessment has been
completed in accordance with the Ministry of the Environment's procedures, to the Regional
Planning Department and the City of Niagara Falls.
26.
There shall be no disturbance of the site until the Environmental Site Assessment required in
accordance with Conditions 22 to 25 has been completed.
27.
The developer undertake an archaeological assessment of the entire development site, conducted
by a licensed amhaeologist, with adverse impacts to any significant archaeological resources found
on the site to be mitigated through preservation or resource removal and documentation. No
demolition, grading or other soil disturbances shall take place on the subject property prior to the
Ministry of Citizenship, Culture and Recreation, through the Regional Planning Department,
confirming that all archaeological resource concems have met licensing and resource conservation
requirements. Note: A copy of the archaeological assessment report is to be submitted to the
Regional Planning Department for information.
28.
Immediately following notice of draft plan approval, the developer submit a letter to the Regional
Planning Department acknowledging that draft approval is not a commitment of servicing
allocation by the Region as this servicing allocation, if available, will be assigned at the time of
final approval of the subdivision for registration.
29.
Immediately following notice of draft plan approval, the developer provide the Regional Planning
Department with a written undertaking that all offers and agreements of purchase and sale which
may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating
that a servicing allocation for this subdivision will not be assigned until the plan is granted final
approval for registration, and a similar clause be inserted in the subdivision agreement between
the developer and the City.
Clearance of Conditions
Prior to granting approval to the final plan, the City's Planning and Development Department requires
written notice from applicable City Departments and the following agencies indicating that their respective
conditions have been satisfied:
Regic;nal Niagara Public Works Department for Conditions 18, 19 and 20
Regional Niagara Planning and Development Department for Conditions 21, 22, 23, 24, 25, 26,
27, 28 and 29
Proposed Plan of Subdivision &
Zoning By-law Amendment Application
Colangelo Estates
26T-11-2000-03 & AM-13/2000
Location Map
Subject Land
1: NTS
July 2000
SCHEDUI~E 2
Colangelo Estates
CITY OF NIAGARA FALLS
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CITY OF NIAGARA FAILS
OWNER'S CERTIFICATE
5UR¥[YOR'S CERTI/ICATE
l.llft~. FP, LLS CLE~'KS '00 08i6 15'.50
7020 Woodington Road
Niagara Falls, ON LZI 2C3
August 15, 2000
Friends of the Haulage Road
C/o Clyde Carruthers
6681 Dellpark Drive
Niagara Falls, ON L2J 3G7
Dear Clyde,
Thank you for your recent letter.
I was interested to hear about the Friends of the Haulage Road and the group' s mandate
to preserve this bit of Niagara Falls' past.
This road certainly does offer fine recreational opportunities - I have eyeled along it
myself.
HoWever, as you point out, it is also a part of our city's heritage. Probably no other
community in Ontario is so dosely identified with Ontario Hydro (now Ontario Power
Generation) as is Niagara Falls. This road is part of Hydro's heritage and is, therefore, of
significance to Niagara Falls.
I hope the means can be found to keep the road in tact.
Sincere ,
City of Niagara Falls, Canada
AuK-17-OO 11:23am From-CHOV~ CAIRNS 9056890015 T-O08 P-OZ/03 F-853
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~O Bo;. 760
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~'tTa. no L2R 6Y8
gO5) 688~500
~a~m~ie
,905) 688-001
August 17, 2000
Our rite: 13386-1
RECEIVED
AUG 17 2000
PLANNING
&DEVELOPMENT
City of Niagara Falls
Planning & Development Department
4310 Queen Street
P. O. Box 1023
Niagara Falls, Ontario
L2E 6X5
BY FAX
Atterltion: PJ~lnning & Development - Mr. Rick Wilson
Dear Sirs:
Re: Colangelo Estates: Proposed Subdivision
Submission to City Council August 21. 2000
As advised in past meetings. discussions and correspondence, we represent
Ferdinando Fuoco and Lucia Fuoco who reside at 6630 Mountain Road,
Niagara Fails. Ontario, and whose properly is adjacenT, to and directly
affected by T,he proposed Colangelo Estates Ptan of Subdivision.
While we did not receive notice that this matter was again scheduled for
consideration by Council on August 21. 2000. our clients have received such
notice and we are wnT,ing T,o you on T,heir behalf. We would appreciate it if
you would directly provide us with cop~es of future notices or other
correspondence relating ~o this matter.
As'we wilt be unable to aT,tend the August 21:' Council Meeting, we ask that
you ensure that th~s letter is submined pubhcty to Council at that Meeting,
and that a copy is provided to all Council members. Thank you for your
assis;ance in that respect.
When this matter was last cons;tiered by Council at its May 8~", 2000
Meeting, we submitT,ed our position that this draft Plan of Subdivision is. at
this point in time, premature. Council should be made aware that the two
severances along Mountain Road, the rear boundarms of which will dictate
the northerly boundary of tots in the drab Plan of Subdtvision, remain under
appea[. The OMB Hearing of those appeals is not scheduled untit September
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Of this year. Until such severances are final, the boundaries for the Plan of
Subdivision, and the location of the lots, cannot be determined. Council
should not be asked to consider a draft Plan of Subcfivision when the
boundaries of the subdivision and the location of the lots remain entirely
uncertain pending the outcome of the OMB appeal of the severances. The
public shoulcl not be expected to properly determine the effect of a draft Plan
of Subdivision when such matters as boundaries and numbers of lots remain
unclear.pending the OMB appeals. The appeals relate specifically to the
limited depths of the Mountain Road lots to be severed, which depths are far
less than the 200 or more feet which has been required for the depths of-all
other properties severed between the proposed subdivision lands and
Dorchester Road. The 200 foot requirement has been imposed as recently as
last year. At the very least, the outer boundaries of the land proposed for
subdivision should be determined before submission of a draft Plan of
Subdivision.
The draft Plan of Subdivision provides for only one access within the
Developer's land, by an extenston of Dellpark Drive. The draft Plan shows an
extension of a road illustrated as "Lucia Crescent" into property which is not
owned by the Developer, continuing out to Mountain Road directly adjacent
to the Fuoco property. Mr. and Mrs- Fuoco strongly object to the proposed
location of this road. There is no agreement for locating the road in that
position. and the Cotangelo Estates Draft Plan which ~s dependent upon a
road in that posit,on for additional access to Mountain Road. is therefore
premature. The Developer should be required to provtde adequate and proper
road access within his own property.
Our chents, Mr. and Mrs. Fuoco remain open to consideration of a proper
draft Plan of Subdivision after finalization of the boundaries and the related
lot severances. and in conjunction with a proper plan for the area and the
adjacent propeR:ies upon which this developer relies for access. However,
approval of the draft Plan at this time, withou~ determination of those
additional issues, remains premature.
Thank you for your consideration of this matter,
Yours truly,
John C. Willey~
JCWles
c.c- Mr. & Mrs. F. Fuoco
Aur17-00 11:21am Fr0m-CH0Y~ CAIRNS 9056880015 T-008 P.0Z/O4 F-852
0 K,,ng Street
,th Floor Cod~lo¢
~O Box 760
;t Camlunes
3ntars} L2R 6Y8
905) 688-4500
:acs~mde
.905) 638-0015
3 G Parker
D.M Kemr
B.A. Banfield
B W. Aaams
J B Granim
G F1; McClelland
E.S. Mamn
J C
N F Ferguson
J.E M,rynecn
P M. elyerie
e M Boone
T N. Arresttoni;
R Tftvmeh
R. Ca,ms. QC
Counsel
M A Chown .
(1921-1S83)
R B E~Oar, QC
(1934-1998)
August 17, 2000
Our file: 13386-1
PLANNING
& DEVELOPMENT
City af Niagara Falls
Planning & Develapment Department
4310 Queen Street
P. O. Box 1023
Niagara Falls, Ontario
L2E 6X5
BY FAX
Attention: planning & Development - Mr. Rick Wilson
Dear Sirs:
Re: Colangelo Estates: Proposed Subdivision
Submission to City Council AUgust 21. 2000
As advised in past meetings, discussions and correspondence, we represent
Joseph Mannetl~ and Assunta Marinelli who resIde at 6610 Mountain Road,
Niagara Falis, Ontario. and whose property is adjacent to and directly
affected by the proposed Colangelo Estates Plan of Subdivision.
Whde we did not receive notice that this matter was again scheduled for
consideration by Council on August 21, 2000, our clients have received
such notice and we are writing to you on their behalf. We would
appreciate it if you would directly provide us with copies of future notices
or other correspondence relating zo th~s matter.
As we will be unable to attend the August 21" Council Meeting, we ask
that you ensure ~hat this letter is subretorted publicly to Council at that
Meeting, and that a copy is provided to all Council members. Thank you for
your assistance in that respect.
When this matter was last considered by Councd at its May Btn. 2000
Meeting, we submitted our position that this draft Plan of Subdivision is, at
this point in time, premature. Council should be made aware that the two
severances along Mountain Road. the rear boundaries of which will dictate
the northerly boundary of lots in the draft Plan of Subdivision, remain under
appeal. The OMB Heanng of those appeals is not scheduled until
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September of this year. Until such severances are final, the boundaries for
the Plan of Subdivision. and the location of the lots, cannot be determined.
Council should not be asked to consIder a draft Plan of Subdivision when
The boundaries of the subdivision and the location of the lots remain entirely
uncertain pendin9 the outcome of the OMB appeal of the severances. The
public should not be expected to properly determine the effect of a draft
Plan of Subdivision when such matters as boundaries and numbers of lots
remain unclear pending the OMB appeals. The appeals relate specifically to
the hmited depths of the Mountain Road lots to be severed, which depths
are far less than the 200 or more feet which has been required for the ;'
depths of all other properties severed between the proposed subdivision
lands and Dorchester Road. The 200 foot requirement has been imposed as
recently as last year. At the very least, the outer boundaries of the land
proposed for subdivision should be determined before submission of a draft
Plan of Subdivision.
The Draft Colangelo Estates Plan of Subdivision contains "blocks" which are
not usable as lots and which wiil dictate the development of adjacent land.
Our ctients, Mr. and Mrs. MarineIt=, object to the block locations. as they
affect any future development of their property-
The Colangelo Estates Draft Plan of Subdivision also shows tot locations
and road extensions beyond the boundaries of the Colangelo property, and
specifically upon the Marinelti properties, Mr. and Mrs. Marsneili strongly
obiect to the location of roads and the Io~s shown on their own property.
They have not agreed ~o the size or location of any of these tots. The
Cotangelo Estates Draft Plan should not be allowed to dictate the
development of the MarineIll property. The Developer of Colangelo Estates
has been clearly advised that the Draft Plan does not coincide with Mr. and
Mrs. Marineili's future plans for development consistent with existing
severed properties.
The location of lots 10 and 11 on the Draft Plan have a significant negative
impact upon the MarineIll property, as they overlap with the depth of the
Marinelli property. It has already been submitted to the Developer of
Colangelo Estates that the rear boundaries should be altered so that the
westerly boundary of any property to be developed adjacent to the Marinelli
property should be consistent with ~he MarineIll property and the other lots
located to the west to maintain lot depths and consistent developmenu. A
proposed compromise has been rejected by Mr. Colangelo.
The Io~ sizes shown on the Draft Plan of Subdivision are inconsistent with
existing development along Mountain Road. The Draft Plan is an a~zemp~ to
Aui-IT-00 I1:2Zam Fr0m-CHOV~ CAIRNS 905S880015 T-008 P.04/04 F-85Z
squeeze too many small Jots into too small a propercy.
Council should also be made aware l:ha't ~:he land owned 13y Mr. and Mrs.
Marinelli conl:ams a no.tation on 'the Draft Plan describing it as "vacan't land"
"development holding" which is somewha'[ misleading, as 'the land is
curran'ely used for an orchard.
Our c!ien'ts. Mr. and Mrs. MarineIll remain open 'to cons~dera'cion of a proper
draft Ran of Subdivision aher finaliza'tion of '~he boundaries and 'the related
lo'c severances, and in conjunction wi'th a proper plan for 'the area and 'the
adiacen'~ properties upon which this developer relies for access. However,
approval of the draft Plan at this time, without determination of those
addt'~ional issues remains premature.
Thank you for your cons,dora'lion of this ma'cter.
Yours 'truly,
John C. Willey~F..c-,f/~ .
JCW/es
c.c. Mr. & Mrs. J. MarineIll
Letter of Concern
Re: "Colangelo Estates" Draft Plan of Subdivision
(File: 26T-11-2000-03 Revised)
RECEIVED
AUG 0 4 2000
PLANNING
~ OEVELOPMENT
V. Clyde Carruthers
6681 Dellpark Drive
Niagara Falls, Ontario
L2J 3G7
July 31,200(L
358-9966
Doug Darbyson
Director of Planning and Development
City Hall
P.O. Box 1023
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5 '
Dear Mr. Darbyson
My purpose in writing this letter to you is to express my concerns over the
"Colangelo Estates" Draft Plan of Subdivision (File: 26T-11-2000-03 Revised) as
described in the "Notice of Public Meeting" that I received in the mail today. (July
31, 2000)
As you are aware, this "Colangelo Estates" Revised Draft Plan of Subdivision is
almost identical to the plan brought before Councillors at the May 8, 2000 City
Council Planning Meeting. It still contains plans for a connection road from the
proposed Colangelo Subdivision to cut directly across the Haulage Road Trail to
meet the present Dellpark Drive. It is this connection road aspect of the I}lan that
our nei~hbours continue to find comoletelv unacceptable!
I am very concerned that the City Planning and Development Department would
even consider bringing this "revised" plan to the August 21, 2000 Public Meeting at
City Hall since at the May 8, 2000 Public Meeting there was an Order of Council
issued that stated:
"Ordered on the motion of Alderman Volpatti, seconded by Alderman Craitor, that a
plan be secured for the area attd the preservation of the Haulage Road trail; and
further, that the issue of traffic be looked into. Carried Unanimously."
This Order of Council directs any revised plan to preserve the Haulage Road trail.
It surprised me, then, when I studied the latest "revised" Colangelo Draft Plan of
Subdivision that I received today and find that it still includes a connection road
curing directly across the Haulage Road Trail to Dellpark Drive! Having this
connection road cut directly across The Haulage Road Trail diminishes this fine
recreational resource and does nothing to "preserve" it!
I thought that Mayor Thomson was very clear and emphatic at this May 8, 2000
Public meeting when he stated that he did not want to see any revised Colangelo
plan that involved touching the Haulage Road Trail! Apparently the Developer and
the City Planning and Development Department chose to ignore both the Order of
Council and Mayor Thomson's wishes regarding the preservation of this excellent
community walking/bicycling trail in generating this "revised" plan.
In addition, I wish to remind the City Planning and Development Department that ~
petition signed by 221 of our neighbours opposing the connection road aspect of the
Proposed Colangelo Subdivision was submitted to Council at the May 8, 2000 Public
meeting. As we!i, over 100 of our neighbours attended this May 8, 2000 Public
Meeting to express their displeasure with the connection road aspect of the plan and
its negative impact on the Haulage Road Trail.
Our neighbours believe that this Colangelo Estates Draft Plan of Subdivision is
premature and is not in the public's best interests. The connection road aspect of
this plan does not take into consideration the health, safety, convenience and welfare
of the present inhabitants of our neighbourhood. The connection road cutting
directly across the Haulage Road Trail will introduce the unsafe and unhealthy
aspects of traffic, noise, air pollution and vibration to an area that is presently a
wonderfully safe and tranquil refuge.
In closing, the residents of our neighbourhood will be present at the August 21, 2000
Public Meeting to speak against this "revised" plan.
Si~rely,
~hers
CC: Mayor Thomson All City Councillors
All Dellpark Area Residents
NI~G. F~L=S CLERKS '00 0818 ii:12
STERLING WOOD
6671 DellBark Drive
Niagara Falls, Ontario
LZJ 3G7
1-905-354-8468
via fax: 1-905-356-9083{~
18 AUgust 2000
Council
city of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
Attention: Barb Muir, Clerk of the City of Niagara Falls
Re: Colangelo Estates Proposed Plan of Subdivision
A/~-13/2000
Dear Sirs:
I am writing with respect to the meeting scheduled for August 21,
2000 to deal with the developers request for approval of the above
noted plan. I and my wife Judith Wood had previously written, for
the May 2000 meeting, expressing our opposition to the suggested
extension of Dellpark Drive through the Haulage Trail Linear Park.
I would like to add a few comments for your consideration.
I wish to ~mphasize that the decision to be made is a decision of
our elected representatives. The Council should not believe that
they do not have the ability to successfully make the right
decisioN'to refuseextension of Dellpark because of the possibility
of ~n OMB appeal. I and others have spoken to your legal department
and the OMB and because the municipality owns the relevant parts of
the Haulage Road Park you are in a different position from the
typical plan' being submitted. I suggest council should not be
deterred by the possibility of an OM~ appeal.
I had previously objected to the increased traffic and I note a
lack of a completed traffic study by your staff. As an example of
the problem, within the past two weeks, I entered Dorchester Road
heading to the corner of Mountain and was the 22nd vehicle back-
The traffic is heavy and there is no doubt in my mind that the
road arrangement with Dellpark Drive terminating at the trail.
You indicated that as an existing arrangement the department
would accept it-
I believe ~ have accurately reflected our conversation but if you
wish me to add or clarify any part of our conversation as noted
in this letter please call me at my office at 735-3620 or fax_~e
a note at 735-1577. I note my understanding this matter goes to
council on August 21st
I thank you for responding to my call.
the possibility of the access being a dedicated road which could
in the future be closed by the municipality or region depending
on which level of government had jurisdiction.
Again I thank you for t~king my call.
Yours very truly
H. Sterling Wood
Sent by fax only: 687-8056
August 15, 2000
D.K. Cherrington C.E.T.
Approvals Co-ordinator
Regional Municipality of Niagara
Dear Sirs:
Re: Draft Plan of Subdivision
Colangelo Estates Subdivision
File No. 267-11-2000-03
Proposed: 17 Single Family Lots
Your file: Dll-601 (04.2000.207)
I wish to thank you for discussing the above noted Draft Plan and
in particular the issue of access to Mountain Road. As
indicated I am a resident of Dellpark a/ld oppose the cutting of
the Haulage Road trail. I indicated that I would write this
letter to confirm our conversation to ensure I do not
inadvertently misquote you in any respect.
We discussed section 4 of your letter dated May 17, 2000 to Pat
Busnello, Planner dealing with Regional Roads and briefly touched
on section 3 dealing with Storm Sewers. It was my understanding
that on a long t~rm basis you do not w~nt too many access points
onto Mountain Road. You indicated however that you would ~onsider
a temporary single access point onto Mountain Road through the
building. lot referred to in your letter if approached to do
This wouid not he simply an emergency access but rather the
temporary sole access to the subdivision until lands on either
side were developed. Your concern was that in the future as the
other lands on either side develop, the design of the whole area
involve a limited number of access points to Mountain Road with
appropriate spacing. This would involve the eventual closing of
the temporary access if and when the other access points develop-
One alternative I raised concerning a future closing of the road
access and which you indicated you were familiar with was the
concept of a private road which has been used in Welland and Fort
Erie subdivisions for different reasons. I noted the access point
through Lot 14 could be a private road until such time as the
other lands develop and other outlets are created. I also raised
Sent by fax only: 905-356-1583
AUgust 16, 2000
City of Niagara Falls Fire Department
5809 Morrison Ave.
Niagara Falls, Ontario
L2E 2E8
Attention: L. Smith
Dear Sir:
Re: Colangelo Estates Subdivision
I wish to thank you for discussing the above noted Draft Plan
last Friday, August 11, 2000 and providing your fax number for
further communication. I intended to write earlier but
unfortunately misplaced my notes between home and office.
As you are aware I am a resident of Dellpark and one of those
opposed to extending Dellpark Drive through the Haulage Road
Trail. I am writing this letter to confirm our conversation to
ensure I do not inadvertently misquote you in any respect during
future dealings with the municipal council-
I had indicated my belief that the developer expected to receive
a letter from the Fire Department approving the proposed plan of
subdivision. I questioned whether you were asked, in preparing
such letter, to comment on alternatives to the plan as submitted
and whether the fire department objected to the existing Dellpark
Drive terminating at the Haulage Trail.
It was ~y understanding that your department comments only on the
plan as submitted and whether it was acceptable or not to the
department. You were not asked to make a judgement on the
alternatives. You did indicate that the department recognized an
operational benefit to having an emergency exit from Dellpark
Drive but you did not suggest that it was essentiB1 or otherwise
comment on the measure of that benefit-
Notwithstanding your comment on the emergency access, I
understood that your department did not object to the existing
extension of Dellpark would result in it being a dangerous shortcut
through to Mountain Rd.
I understand that the developer wants to make a graded path at
approximately 8 degrees extending 120 feet back on each side of the
road allowance. While this level of incline may be the standard
used in parks where a ramp is necessary, it does not mean a ramp
should be created where a level park already exists. Consider the
effect of snow and ice on 240 feet of sloping pavement in the
winter. Who is going to clean this path and pay the damages when
accidents occur? ~
Finally I enclose copies of two letters outlining my discussions
with representatives of the Fire Department and the Regional
Municipality of Niagara. Following my conversations, the letters
were faxed to'Mr. Cherrington at the Region and Mr. Smith at the
Fire depaz~cment for any further comments they..might wish to make
and I have not received any response indicating I have not
accurately stated the content of our conversations.
I note my understanding that the Fire Department does not object to
the Colangelo Plan but this does not mean that department objects
to existing situation. It is my understanding that the Fire
Department does accept the existing situation with Dellpark ending
at the park and is not pressing for change.
In the case of the Region, I understand they would consider having
a single access from the Colangelo lands to Mountain Road. Their
concern is not having too many access points in the future. This
can be accomplished by having the developer design his plan with
access to Mountain Road and in the future, whether that be 1 year
or 25 years, when the adjoining lands develop and two new road
access points are created, the direct road link from the Colangelo
lands to Mountain Road would be closed and could at that time be
developed into a home.
I suggest the council reject the proposed plan and let the
developer properly investigate alternatives such as access via
Mountain Road.
~ood
O0 0818 ll.gB
The City of
Niagara Falls~
Canada
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Fax:
E-mail: nfplan@city. niagarafalls.on.ca
Doug Darbyson
Director
PD-2000-89
August 21, 2000
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2000-89, City of St. Catharines Resolution
Long Term Protection for Unique Agricultural Areas
RECOMMENDATION:
It is recommended that this report be received for the information of Council.
BACKGROUND:
At its meeting of Monday, July 31, 2000, Council considered a newspaper article and corresponding
resolution from the City of St. Catharines which requests the Province, through Provincial Policy,
to provide long term protection for unique agricultural areas both within the Region and Province
in general.
Council referred the item to the Planning Department Staff for a report. Council was interested in
hearing the comments from the directly affected municipalities such as Niagara-on-the-Lake,
Lincoln, Grimsby, West Lincoln and Pelham. It was indicated that the matter should return to
Council for their August 21, 2000 meeting.
St. Catharines Resolution
It should be noted the St. Catharines resolution, a copy of which is attached, does not request the
support and/or comments of other municipalities. The resolution is a direct request from the
municipality to the Province.
Other Municipalities
Staff contacted the planning departments of Niagara-on-the-Lake, Lincoln, Grimsby, West Lincoln
and Pelham. None of the depat hnents are reporting on the matter nor have been directed to date to
report on the matter.
Working Together to Serve Our Community
August 21, 2000 -2- PD-2000-89
PLANNING REVIEW:
Current Provincial Policy
Current Provincial policies with respect to expanding urban boundaries state:
"Urban areas and rural settlement areas will be expanded only where existing designated areas in
the municipality do not have sufficient land supply to accommodate the growth projected for the
municipality" and;
"Expansions into prime agricultural areas are permitted only where:
There are no reasonable altematives which avoid prime agricultural areas; and
There are not reasonable alternatives with lower priority agricultural lands in the prime
agricultural area."
It should be noted that prime agricultural lands are defined as Class 1, 2, and 3 soils which would
include soils suitable for grapes and tender fruit as well as the better general agricultural lands.
The St. Catharines request mainly deals with the protection of the more unique grape and tender fruit
lands and comes on the heels of the Town of Pelham's urban area expansion approval. The St.
Catharines request to the Province could have an impact on municipalities which need to expand but
have no other options but to expand on more unique agricultural lands. Prohibiting development
on this unique agricultural land would also direct development to municipalities which have the
capacity in the urban area to accommodate development or which can expand on to lesser quality
soils. The St. Catharines request would appear to support the Region's Conservation and
Development strategy which encourages Regional development corridors in specific areas for future
expansion. This approach has development corridors established on top of and south of the
escarpment. One of these development corridors is in Niagara Falls between Chippawa and Fort
Erie and the QEW and Niagara Parkway. The development corridors are depicted to show future
growth directions when the need for urban expansion occurs. Niagara Falls has a 25 year residential
land supply and there is no need for urban boundary expansions on the horizon.
While the St. Catharines request focuses on the unique agricultural lands, Provincial policies as
indicated above provide similar protection towards the better good general agricultural soils. The
soils in the southern area of the City (Willoughby and Crowland) are predominantly Class 3,
requiring investment in drainage, and have long been considered to be grouped into this category.
The City attempted to create slightly more flexible policies for this area in its new Official Plan but
the policies were deferred.
Currently, the City, Region and Niagara Parks Commission have jointly hired a consultant to
complete a land use and policy development study for the Willoughby area east of the QEW and
south of Chippawa. The study is being completed to address the extra development pressures
envisioned by the opening of the Niagara Parks Commission golf course. The results of this study
can be incorporated into the local and Regional Official Plans and could have an influence on policy
development for the remaining Willoughby and Crowland areas which have had somewhat more
agricultural activity and better soils in certain locations.
August 21, 2000 - 3 - PD-2000-89
CONCLUSION:
The St. Catharines request to the Province pertains to the unique (grape and tender fruit lands)
between the Escarpment and Lake Ontario, of which Niagara Falls has no designated areas in its
Official Plan. The request does not directly affect Niagara Falls. If urban expansion is prohibited
on the unique agricultural lands then there will possibly be added growth pressure on lesser quality
lands in municipalities like Niagara Falls. Niagara Falls has the residential inventory and local and
Regional growth strategy to accommodate such growth. Council has the option of sending a
resolution of support to the Province.
ave Heyw
Planner 2
Respectfully submitted:
Edward
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
~/Executive Director of Corporate Services
DH:lt
FILE: S:XPDRX2000XPD2000-89.wpd
t. II~C. FI:ILLS CLERKS
I'I'~M NO. 287
Motion l:~e: Long Term Protection
for Unique Agricultural Areas
Within the Region and tile Province
File: 35.2.2
COUNCII,LOK KATZMAN DECLAR F;n A CO~NI,'LICT OIF INTI~REST ('Pecuniary) to Item
Number 2B 7.
COLrNCT[J,OR PATRIOIJII~ DECLARED A CONFLICT OF rNT_L6RI~ST (Pecuniary) to Item
Nttmber 287.
MOVR. D BY COLrNCBr.LOR CASSE'LIX4ANi
SECOIN'D~Lm · BY COD'N'CILL(/R Vv'ILLIAMSON:
Whereas the unique agricultural lands in the N~agaxa Peninsula capable of growing tender fruit
and grapes are a limited and Lrreplaceable resource;
and whereas the availability of land is considered to be a major limiting factor in the expansion of
the tender fruit industry;
and whereas in recent years we have seen tremendous competition b6tvqeen Tender Fruit growers,
grape growers and greenhouses which is forcing fruit growers to look at lower quality lands
outside of our Region;
and whereas the Provincial Government in 1997 removed the protection for unique ~'ricultural
lands and provided opportunities fbr Municipalities to expand their urban ereas if there were no
reasonable alternatives;
and whereas pressure for continued urban growth is placing tremendous pressure on our litaired
supply of unique agricultural land;
end whereas other jurisdictions in North Anaerica such as Napa Valley in California are
recognizing the need to preserve their -nique agricultural lands for the long term;
Be it resolved that St. Catharines Council request that the Province through Provincial Policy
provide long t~u~ protection for the unique agricultural areas both within this Region and
throughout the Province;
and further, that a copy be forwarded to the Regional Municipality oflqiagara, local M.P. and
I'~_P .P.s.
~i:~,F~LL~LL,~kq~b'$)JL~ib']U;Lb AGRICULTURE oe Cr'L'y CO~Ne~
THREE CENTURY CLUB Fi~Z/~Z
criticize
St. Catharines' request
pan:~of~'td
ad," said St.
mcillor Peter
:e and see k is
s duty:
15-
each
daily
'nade
iginat
y per
s dis-
.far~ SlxFia<js'
~ueen St.' St. I
I
] A'I'FENTION I
I
on your envelope. I
RPN Clndy RIchardson holds a certificate presented to Rhoda Beert from
NIagara Flits MPP eart Maves, officially making Rhoda part of the exclu-
sive Thee Centiary Club, Rhoda was born May ?.2, 1895 lind lives It the
DEVELOPMENT
Sm t ville hopes to avoid OMR
Town, tieveloper resolve creek ware.heal and ..'t be devel-
two objections to project oped.
By KALVIN REID
est Lincoln is hopin~ to kill an
befot~itishe~l.
opmeut CO~p. ha~n~ convinced two par-
ties to drop theix objections to a pro-
~ commercial and r~id~nfial pro-
j~t v~ of Smithyfile, 'but a third ob-
j~on
And if a deal can't be wotl~d out to
have him drop his a~peal, Su~mside
is still hopinS a hearing will not take
place.
*"We are hopin8 the ~ird will wi~h-
draw," said Boben Hazra, a consulrot
representing Streamside. ~If not, we
wfil appeal w the boald not to hear this
because it is frivolous and only intend-
ed w cause delay,"
Streamside has 25.5 hecmres along
Highway 20 just west of Smhhville's
urban boundary. Howewe, most of the
the.property lies in the TwenW Mile
About four hectares finndug on the
hiZhway is targeted for a conercial
plaza and 8.7 hectares between that
development and the flood line is pro-
pnsed for a mix of detached and wwn-'
house dwellinSs.
In the sprinZ, Niagara P-,egion's plan-
n/n~ services committee approved an
~n to Smithville's tuban bound-
ary to permit the development, and
Wednesday it recommended the land'
be redesi~tated from ag~icolt~l w a
mix of commereiai, residential and
hazard.
Planning director Corwin Cambray
said the latest step would allow the
OMB appeal, if it is heard, to deal with
all the issues at once. -
"We do expect this to be appealed,"
he said.
"Two objectors may have with<inwn,
but one remains:
West Lincoln Mayor Lorne Nelson
said he is anxious to have the matter
se~ed. ·
"We certainly are in [avour of this
project goin~ through," he said,
to be reviewed by Region
~y KALVl~ R~3D
~tandard Staff
drew criddsm imm ~ae L.~ic~'s plarmin8
body
The motion, passed by St, Catharines
dtycouncilJnly24,~ksthelmovinceto
d a poHcyforffie long-term pm0ec
Nia.gara peninsula and across the
provmce.
But some mereben of Niagara's plan-
t~'esccne_
"I think were taldng a .'~.al shot at the
greenhouses here," said Pelham Mayor
Ralph Beamer. "Quite fra:ak~; if I was
s~ffi~gafnfitfannlzx:lay,~dgotoWain-
~eet or Dunnv~le. Ttk-/~gutgr,'.at fruit
land down that way,"
St. Catharines Regional Councalor
ter Partington said he was concerned
about the gn~-',honse querdon estx~Sal~,
considering~emremicpommia3.
He d/d n~gnizc the need to presente
farm lands, but added some concessions
hav~tobemadeforgtowth.
date urban dwellezs."
The St. Catharines recommendation
wasalsolookedatcr/ticailyinlightofthe
recent Ontario Munkipal Beard derision
adding2Olhecsareso agriculturalland
However, th~ intent was more to clear
the air than slam the modo~
"The Town of Pelham will not grow
very difficult to'grow French hybrid
"Unfortunately, the recommendation
f~om the dry of St. Catharines came out
azound the sane time. lthas',~.nj'tittleto
do with ttfis because ~ is nut unique
Even ~hough the mc~en was passed by
SL Catharines council a~er the OMB deri-
sion was tabled, City Counddor Judy. Cas-
daxd, she said the tooden was prompted
by concerns from the wine indusuy be-
The planning commktee has recom-
mended the St,' Cad',adnes motion be re
Msn-SUMMER SAVINGS SALE!
-_ )
The City of
Niagara Falls j
Canada
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: nfpian@city.niagarafails.on.ca
Doug Darbyson
Director
PD-2000-90
August 21, 2000
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2000-90, Request for Extension to Draft Plan Approval
Ascot Woods Extension 6, 26T-92003
Owner: Ascot Woods Limited
RECOMMENDATION:
It is recommended that Council support a one-year extension to draft plan approval for the
Ascot Woods Extension 6 Plan of Subdivision, conditional on the applicant maintaining the
appropriate subdivision sign on the property for public information purposes.
BACKGROUND:
The approval authority for this Draft Plan of Subdivision has been delegated to the City from the
Region. In accordance with the original draft plan approval conditions, final approval must be
obtained within two years or the draft approval will lapse. Before the initial approval period passes,
an extension to draft plan approval may be granted provided that a written request is received from the
applicant which sets out the reasons for the delay and the steps being taken to resolve the required
conditions o.f approval.
In order to ensure that draft plans are not automatically extended without consideration being given
to current C. ouncil policy, planning principles and contemporary requirements, requests for extensions
of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions
associated with the delegation of subdivision approval authority, the concurrence of the Region is
required before an extension can be granted.
PLANNING REVIEW:
In a letter dated June 28, 2000, Mr. Brian Sinclair submitted a request for an extension to draft
approval of the Ascot Woods Extension 6 Plan of Subdivision (see attached letter and location map).
Original draft approval for the Plan was received from the Region on September 15, 1994. Several
extensions have previously been granted.
IVnvki. r, Tnoatbav tn .~arvp (gttr (TnnD. unitv
August 21, 2000 - 2 - PD-2000-90
The subdivision conforms to the City's Official Plan and the land is zoned appropriately. The plan
consists of 3 blocks of land for residential apartments and a block for commercial use. There are no
additional expenditures required on the part of the municipality for external or internal servicing or
oversizing. The Region has no objection to the extension of&aft approval for a one-year period. The
developer has indicated that marketing the plan h~ been difficult but anticipates proceeding in the near
future.
The final registration of this subdivision plan, as well as others in the City, .may potentially be delayed
due to servicing requirements. Niagara Falls and the Ministry of Environment (MOE) have a
development strategy in place that permits development to proceed City-wide on the basis that the
City's annual sewer program results in a net decrease in sewage flows. The City's sewer separation
program has been suspended which affects this City/MOE development strategy. Therefbre, all
developments must be reviewed individually to determine their impact on localized sewage overflows
or basement flooding.
CONCLUSION:
Based on this review, a further one-year extension (until September 15, 2001) to draft plan approval
can be supported, conditional on the subdivision sign being maintained for public information
purposes.
Prepared by:
Richard Wilson
Planner 1
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
/~'Executive Director of Corporate Services
RW:gd
Attach.
FILE: S:XPDRX2000XPD2000-90.wpd
BRIAN SINCLAIR, Q.C.
Barrister and Solicitor
6617 Drummond Road
Niagara Falls, Ontario
L2G 4N4
TEL: (905) 356-7755
FAX: (905) 356-7772
June 28, 2000
Mr. Ricbard Wilson
Planning & Development Department
City of Niagara Falls
P.O. Box 1023, 4310 Queen Street
NIAGARA FALLS, Ontario
L2E 6X5
Dear Sir:
Re: Ascot Woods Extension 6 Subdivision
We note that draft plan approval for the above-noted subdivision
expires on September 1S, 2000 and would request that you treat this
letter as a request for an extension of draft plan approval for a
further period of one year to September 1S, 2001.
We would point out that Ascot 6 has been very difficult to market,
however, we are doing everything we can and anticipate that
something will develop in the near future.
We are sending a copy of this letter and the appropriate fee to
Eric Conley of the Regional Municipality of Niagara so that he is
aware of our request for an extension.
Yours faithfully
BS/ab
Enclosure
c.c.
Mr. Eric Conley - Enclosed please find cheque of Ascot Woods
Ltd. in the amount of $350.00 to cover
your draft plan appr'ovp_/_.:e~./c~.sio~ fee.~ ,
tRECEIVED
jrLr~ 3 0 280~
Draft Plan of Subdivision
Ascot Woods Extension 6
26T-92003
post
Location Map
Subject Land
Wanless Street
Hwy. 420
1: NTS
The City of
Niagara Falls
Canada
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Fax: 356-2354
E-mail: nfplan@city.niagarafalls.on.ca
August 21, 2000
Doug Darbyson
Director
PD-2000-91
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2000-91
1) Zoning By-law Amendment Application
City File: AM-36/99, Peter J. Lesdow, c/o Andrew Cserpes
Property: Rainbow Motel and Hydro One Property; and
2) The Use of Hydro One (formerly Ontario Hydro)
Property for Parking.
RECOMMENDATIONS:
It is recommended that:
1)
Council reaffirm its decision to deny Zoning By-law amendment application AM-36/99
and staff be directed to advise the Ontario Municipal Board accordingly;
2)
Council adopt a policy that the westerly half of the Hydro Corridor will be maintained
as a vegetative buffer between the City's residential neighbourhoods and the Central
Tourism Districts;
3)
Council adopt a policy that allows the easterly half of the Hydro Corridor to be used
for commercial parking lots in accordance with the TADS study recommendations, and
for overflow parking in conjunction with specific accommodations and attractions
within a 1,000 foot radius; and
4)
Council continue to use temporary use by-laws for parking, but only in emergencies or
special circumstances where there is a hardship and for land already zoned for
commercial purposes.
BACKGROUND:
On May 8, 2000, Council held a public meeting to consider an application (AM-36/99) to amend
the City's Zoning By-law No. 79-200. The amendment was requested to permit the Rainbow Motel
to be expanded into a 5-storey hotel through the construction of a 2-storey and 5-storey addition on
top of and in front of the 3-storey portion of the building and to permit some of the parking for the
hotel to be provided off-site on land to be leased from Hydro One. After considering staff's report
(PD-2000-54) and the objections of area residents, Council denied the application.
August 14, 2000 -2- PD-2000-91
On May 29, 2000, John Crossingham appeared as a delegation before Council in an attempt to get
Council to reconsider the rezoning application for the Rainbow Motel. After hearing Mr.
Crossingham's presentation, Council decided not to reconsider the application, but rather to hold
a neighbourhood meeting to enable the applicant to further explain the project and to become more
familiar with the area residents' objections. Subsequent to Council's decision not to reconsider the
application, the applicant filed an appeal with the Ontario Municipal Board and asked the Board to
mediate a solution.
A neighbourhood meeting was held on July 19, 2000 as directed by Council. The meeting was
attended by eight area residents, the applicant, his agents, the Mayor, several members of Council
and staff. During the meeting, the area residents made it clear that they were still opposed to the.
applicant's proposal to build parking spaces on Hydro One lands adjacent to their homes. Th_e..v also
made it clear that they feel the hotel should provide all of its required parking on-site (in a parking
garage if necessary) and that any extra parking spaces that were desired should be provided on other
lands in the area owned by the applicant and already zoned for commercial purposes. In response,
the applicant stated that he did not want to use any of his other land holdings to provide extra
parking spaces for this project. Several members of Council reiterated that Council was willing to
allow off-site parking on a temporary basis, but that was rejected by the applicant. Area residents
suggested that impacts on residents living near the City's tourist areas could be reduced by:
1) maintaining Hydro One's lands as open space and refraining from using them for
parking altogether; and
2) maintaining half of Hydro One's lands nearest the residences as open space and
allowing the other half to be used for overflow parking.
A third option suggested by the applicant's lawyer was to increase parking standards and require
them to be provided on the same site as the development. The meeting was concluded
acknowledging the residents' opposition to the off-site parking proposed next to their homes on
Hydro One's land and their relief that Council had denied the application.
AN OVERVIEW OF THE USE OF HYDRO ONE'S LANDS FOR PARKING:
The issue of using Hydro One's land for off-site parking has recently been a topic of much Council
debate and discussion. This portion of the report is in response to Council's request for guidance
and direction on this issue.
Historically, Hydro One's land has been used as the boundary between sensitive land uses
in the City's Official Plan (ie. residential & industrial; residential & tourist commercial).
In keeping with the Plan, in most cases, a line drawn down the middle of the Corridor forms
the boundary between various zones in the City's Zoning By-law. As a result, the easterly
half of the Corridor adjacent to the City's Central Tourism Districts is zoned Tourist
Commercial (TC) which permits a variety of commercial uses as well as parking lots.
Exceptions to this occur where a street provides a more logical boundary or when the
corridor abuts a zone which allows less sensitive land uses (ie. Institutional). Refer to the
attached map for further detail.
August 14, 2000 -3- PD-2000-91
Normally all required parking is to be provided on-site in accordance with the Zoning By-
law. The recent development boom in the City's tourism industry has resulted in a new
interest in satisfi~ng parking requirements off-site on less expensive and leased lands. In the
past, staff have generally recommended off-site parking only when the site was owned by the
same party and in close proximity to the development (ie. Renaissance Hotel, Sheraton
Fallsview Hotel). The TADS study encourages the use of the Hydro Corridor for public
parking lots to encourage pedestrians to walk through and about the tourist area and to
facilitate the removal of parking from Queen Victoria Park. TADS also recommends that
parking requirements should be met within a 1,000 foot radius of a development. Where
parking is provided off-site, it must be secured through ownership or a long-term lease. To
date, these recommendations have not been adopted as Official Plan policy.
The apparent reason for the interest in providing required parking off-site on leased l~nds is
that it is less expensive to lease lands and build a surface parking lot than it is to build a
parking garage. Council has responded by passing temporary use by-laws to allow off-site
parking on leased Hydro One's lands premised on the developer using the off-site parking
only until a parking garage has been built on the same land as the hotel (ie. Hilton, AM-
10/2000).
Regardless whether Council allows the practice of providing off-site parking to continue on
owned or leased lands or not, it has become apparent in recent months that area residents
have grown accustomed to the buffering effect of the Hydro Corridor. Hydro One's planting
of hedgerows around the perimeter of their lands many years ago has only served to improve
their ability to screen and buffer residences from noise, dust, light and odour impacts
associated with tourist commercial uses. It is understandable, therefore, that residents have
become upset at the prospect of losing this buffer to parking lots and being subjected to their
associated impacts.
As already noted earlier in this report, in many places the easterly half of the Corridor is
currently zoned TC which permits the development of a variety of commercial uses as well
as parking lots. Council should decide whether it wants to remove the TC zone from the
Corridor and replace it with an Open Space (OP) zone to make the entire corridor a buffer,
which Hydro One would likely object to, or whether it wants to leave the zoning intact and
allow the easterly half of the Corridor to' be developed as currently allowed. If Council
chooses the latter option, which is basically the status quo, they may want to adopt a policy
th~it all parking provided on the corridor must be over and above what is required and
provided on-site, in accordance with the Zoning By-law. Staff recommend this latter
approach.
Temporary use by-laws should only be used to allow off-site parking on leased or owned
land in emergencies or in special circumstances when there is a "hardship" as was the case
with the Hilton Hotel (AM-10/2000). In all cases where a temporary use by-law is used, the
land should already be zoned for commercial purposes. In accordance with good planning
principles, and the Zoning By-law, all developments should continue to be required to
provide their required parking on the same lands as the use they serve.
August 14, 2000 - 4 - PD-2000-91
On June 12, 2000, Council adopted the recommendations contained in PD-2000-70 which
addressed landscaping standards for surface parking lots. Council directed staff to update
the design guidelines contained in TADS to require a 20-foot landscape buffer strip between
parking lots and structures and abutting residential properties. Council also authorized staff
to investigate revisions to the Zoning By-law to implement the guidelines contained within
TADS as they relate to landscaping within and around surface parking lots. When these two
changes are implemented, they should assist in ensuring that an acceptable measure of land
use compatibility is achieved between parking lots/parking structures and abutt'mg residential
properties.
CONCLUSION:
Council denied Zoning By-law amendment application AM-36/99 based on the comments and
submissions received from area residents at the public meeting held on May 8, 2000. In accordance
with Council's instructions, a neighbourhood meeting was held on July 19, 2000. At this meeting
the area residents reiterated their strong opposition to the applicant's proposal to construct a parking
lot on the Hydro Corridor next to their homes. It would be appropriate for Council to reaffirm its
decision to deny the application.
With the recent development boom in the City's tourism industry and the recent interest in using the
Hydro Corridor between the City's Central Tourism District and the abutting residential
neighbourhoods, it would be appropriate for Council to establish a number of policies on its use as
a guide to future development applications and to ensure that area residents are protected from
potentially incompatible land use relationships.
Prepared by:
Ken Mech
Planner 2
Respectfully submitted:
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
KM:lt
Attach.
S:~PDRX2000~PD2000-91 .wpd
~OB~NSON 9T,
TC
iTCH
47T-' !.
96
ST ~
The City of
Niagara Falls
Canada
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: nfplan@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2000-93
August 21, 2000
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
RECOMMENDATION:
PD-2000-93, Application for Site Plan Approval
SPC-29/2000, 8066 to 8078 Norton Street
Proposed Five-Unit On-street Townhouse
It is recommended that Council approve the site plan for a proposed five-unit on-street townhouse
at 8066 to 8078 Norton Street.
BACKGROUND:
On July 17, 2000, Council deferred its decision regarding this application due to concerns raised by a
neighboufing resident, David Ovens. Mr. Ovens had concerns with surface drainage and grading, as well
as preservation of street trees. A meeting took place between Mr. Ovens, the developer and representatives
of Municipal Works. The matters in question were resolved and mutually agreed upon by all parties. As
such, approv. 1 of the site plan is recommended.
Prepared :
msley -* '
Recommended by:
Director of Planning & Development
Approved by:
,--Tony Ravenda
Executive Director of Corporate Services
JB:gd
Attach.
FILE: S:\PDR\2000'~PD2000-93.wOd
_R_~,ectfu~ su~tted:
Th" Eity of
Niagara Falls~
Canada
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: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
July 20, 2000
Ed Dujlovic, p. Eng.
Director
Mr. David Ovens
3881 Front Street
Niagara Falls, Ontario
L2G 6G3
Dear Sir,
Subject:
Site Plan - Proposed 5 Unit Townhouses
Front Street
File: AM-03-2000
The purpose of this letter is to reiterate our discussion which took place during our meeting of
July 19~ with the developer.
It was agreed that initially; one municipal tree will be removed to facilitate the
construction of a driveway. It is also understood that the installation of services and the
construction of driveways could possibly damage some of the remaining three trees. If a
tree is damaged, the developer will call the city forestry supervisor, Mr Tony Giaeobeti,
to determine if the tree must be removed.
It was agreed that the proposed drainage system was adequately designed to improve the
drainage of your lands. However, prior to construction, the developer will take an
elevation shot to confimx that the proposed invert of the 250 mm diameter pipe is at or
below the invert elevation of the existing ditch.
As a result of our meetingOt was clearly understood that all your concems have been
addressed and you would have no objection to the site plan receiving council approval.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
./
-2-
If there is any misunderstanding, please contact the undersigned as soon as possible.
.'~./Brad Simpson, C.E.T.
BS:bp
Doug Darbyson
Aldemtan Fisher
Alderman Michalczyk
Ed Duj lovic
Tony Gialobetti
Brookdale Properties Inc.
Attention: Greg Strano
:i
The City of
Niagara Falls
Canada
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www. city.niagarafatls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: nfplan@city. niagarafalls.on.ca
Doug Darbyson
Director
PD-2000-94
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
August 21, 2000
Members:
Re:
PD-2000-94, Application for Site Plan Approval
SPC-04/2000, 5651 Lewis Avenue
Proposed New Warehouse for Kraft Canada
RECOMMENDATION:
It is recommended that Council approve the site plan for a proposed 61,000 sq. ft. warehouse for
Kraft Canada' at 5651 Lewis Avenue.
BACKGROUND:
An application for site plan approval has been received from Kraft Canada for the facility at 5651 Lewis
Avenue. The applicant proposes to construct a 61,000 sq. ft. warehouse which will replace a recently
demolished warehouse. The site plan also proposes some site improvements along with the expansion that
includes a new parking area for visitors and employees, landscaping along Lewis Avenue, Slater Street and
Lome Street and improved truck entrances off Lewis Avenue.
The site plan has been satisfactorily reviewed by the Site Plan Technical Committee and, as such, approval
is recomm nded.
PrepaU;;:
Recommended by:
D~b~son'~
Direeter of Planning & Development
Approved by:
Tony Ravenda
z~Executive Director of Corporate Services
Respectfully submitted:
Planning & Development Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: nfplan@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2000-96
August 21, 2000
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2000-96, Regional Policy Plan Amendment 147
Minor Urban Area Boundary Expansion
Thorold Stone Road and Kalar Road (Northwest Corner)
RECOMMENDATION:
It is recommended that Council advise the Region that the City has no objection to proposed
Regional Policy Plan Amendment 147.
PROPOSAL:
Regional Niagara has circulated this application for municipal comments. The property is on the
northwest comer of Thorold Stone Road and Kalar Road (see location map). The amendment is for
a minor expansion to the Niagara Falls Urban Area Boundary which currently is directly east of the
subject land along Kalar Road. The applicant proposes to develop a residential subdivision on the
1.166 hectare (2.88 acre) site with 11 single-detached lots and 1 block containing an existing
dwelling. Additional approvals will be required for Official Plan and Zoning By-law amendments
(File AM-.16/2000) and the subdivision CVegter Estates", File 26T-11-2000-04). These related
applications will be considered by Council following the Region's decision on the inclusion of the
land within the Urban Area Boundary.
PLANNING REVIEW:
The site is designated Good General Agricultural Area in the Region's Policy Plan. Similarly, the
City's Official Plan designates the property Good General Agricultural and the land is zoned A
(Agricultural) through Zoning By-law 79-200. Shriner's Creek abuts the property to the noah and
west with agricultural uses beyond this watercourse. There is a commercial plaza located to the
south with existing and proposed residential development to the east.
Working Together to Serve Our Community
August 21, 2000 - 2 - PD-2000-96
The expansion of the Urban Area Boundary to include this property has merit. The small size and
location of the parcel restricts its potential agricultural use. The site is not farmed currently and a
change to urban use should not impact the broader agricultural area. Shriner's Creek provides a
natural separation from the agricultural land to the west. Urban-type uses exist to the south
(although outside of the Urban Area Boundary) and residential development is located to the east
and southeast. Municipal services are available to be extended to the property from Kalar Road and
Thorold Stone Road.
The protection of the environmentally sensitive Shriner's Creek appears to be the major issue with
respect to the urban use of the land. The creek is designated Environmental Protection Area in the
City's Official Plan with portions surrounding it designated Open Space. Details of the required
protection this fish habitat and weftand area, including stormwater management and erosion control
techniques, will be addressed through the specific development applications. The Region has
requested the applicant to prepare an Environmental Impact Study and may include special
protection measures for Shriner's Creek if Regional Policy Plan Amendment 147 is approved.
CONCLUSION:
The proposed minor expansion of the Urban Area Boundary to include the subject land is
appropriate. Further approvals will be required to municipal planning documents and for a plan of
subdivision in order for the site to develop for residential use as proposed. Special consideration is
necessary for the environmentally sensitive Shriner's Creek.
Prepared by:
Richard Wilson
Planner 1
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
f~"Executive Director of Corporate Services
RW:tc
Attach.'
FILE: S:~PDR',2000~PD2000-96.wpd
Regional Policy Plan Amendment 147
Thorold Stonl
/
Subject Land
~1 ~~n Map
1: NTS
S:~uhtiv~XPsuMW=gt~ap~ing,~p~
June 2000
t'lI AG. FALLS C:LER iCE: '(fj ('35' I 5 (jLzl ::'_-L :J
The Royal Canadian Legion
NIAGAkA FALLS (ONT. NO. 51} BRANCH
July 14, 2000
His Worship Mayor Wayne Thomson
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Your Worship,
On behalf of the Royal Canadian Legion Branches No. 51, 396 and
479, we request that the week of September 17th to 23rd be
proclaimed "LEGION WEEK".
This week will be observed through Canada and many Branches will
have activities to make the public aware of Branch and Community
projects.
Branch 51 will be responsible for the payment of publication of the
Proclamation in the Niagara Falls Review.
Thank you for your attention to this very important event. For any
further information, please contact Helen Keating at 354-8331,
regarding Legion Week.
Yours truly,
Verna Bird
Pres. Br.51
cc:.Br.479
396
124
AL)6 2 1
5743 Valley Way, Niigara Falls, Ontario L2E 1X7 Tel: 905-354-8331
FALLS: CLERKS' .)f'3 i:lg 15 07,:'-' -":
The Royal Canadian Legion
NIAGARA FALLS (ONT. NO. 51} BRANCH
July 14, 2000
His Worship Mayor Wayne Thomson
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
OFFICE OF i '. ~A/~YOR
Dear Mayor Thomson:
On behalf of the Royal Canadian Legion Branches 51, 396, and 479,
we request that permission be granted for a Legion Flag Raising
Ceremony to be held on Monday, Septe~Der 18, 2000, at 9:00a.m. in
honour of Legion week.
This week will be observed throughout Canada and it would be
greatly appreciated if permission could be received to fly the
Canada Remembers flag at City Hall.
We also request your presence and members of City Council at this
event. We appreciate your attention to this matter.
Yours truly,
Verna Bird
Pres. Br.51
I::,LM,',NtNC~ 1~EET!NG. AgO 2 t 'L'6%%
5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331
JUly 14, 2000
FALLS CLEO
The Royal Canadian Legion
NIAGAkA FALLS (ONT. NO. 51} BRANCH
His Worship Mayor Wayne Thomson
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mayor Thomson:
On behalf of Branch 51
O~FIC'~ OF THE M~YOR
of the Royal Canadian Legion, we are
requesting permission to use the venue of Fairview Cemetery in
Niagara Falls to hold our annual Parade to the Unknown Soldier at
10:30 a.m., Sunday September 17th, 2000.
This is the beginning of Legion Week and other Branches and Veteran
units will be participating.
Thank you for your attention to this matter, we remain
Yours truly,
Verna Bird
Pres. Br.51
5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331
FALLS CLEP. KS ' O0 !~8U4 ~b ~-'
ROTARY CLUB of Niagara Falls
SUNRISE
"He prof~ most who serves best"
"Service above self"
August 4, 2000
Mr. E. C. Wagg, C. M. O.
City Cterk
City of Niagara Fairs
4310 Queen Street
Niagara Fails, ON L2E 6X5
Dear Mr. Wagg:
The Rotary Ctuf of Niagara Fairs Sunrise wit[ be hosting its annuat arts and crafts
show, "Art By The Fairs" once again this fail. We respectfully request that the City
Councfi of the Corporation of the City of Niagara Fails adopt a resolution to recognize
this event as a designated "community f. estiva[". This year's show dates are
September 15, 16 and 17, 2000.
Arthough we are fu[ty aware this is an extremely busy weekend in Niagara Fails and
the Niagara Region we woutd tike to take this opportunity to extend an invitation to
Mayor Wayne Thomson, Members of Council, City Staff and a[[ their families to visit
us at our show located at the Niagara Parks Commission's Rapidsview Parking Lot.
There wi[[ be an excet[ent selection of arts and crafts from across Ontario as we[[ as
entertainment and food servives from the Region.
Yours truly,
Rotary Ctuf of Niagara FaUs Sunrise
.... , i, t, P. E.g.
," ,, ~: i~.~.T' "L~ ~i~ the Fails
MEETINGS: THURSDAYS, 7:30 AM ' SHERATON FALLSVIEW HOTEL ~ 6755 OAKES DRIVE, NIAGARA FALLS ' L2G 3W7
T
NIAGARA PENINSULA
2ANADIAN - HUNGARIAN CULTURAL
SPORTS CENTRE
NIAGARA FI~LSZIGET
KANADAI - MAGYAR KULTLIR
I~S SPORT KC~ZPONT
P.O. Box 95, Niagara Falls, Ontario L2E 6S8
July 23, 2000
City Hall
Niagara Falls, Ontario
L2E 6X5
To Whom It May Concern:
As social organizer of the Hungarian Club, I am informing you that we would like to have a picnic
on Sunday, August 27, 2000, on our grounds where alcoholic beverages will be served outside
and in our hall.
The Arpad Hall together with 1174732 Omario Inc. will be holding this picnic.
The Arpad Hall and 1174732 Ontario Inc. are situated at the comer of Montrose and Biggar
Roads and is on 34 acres of land that is partially fenced in. We will be serving traditional
Hungarian foods and have folk music and dance. We expect a turnout of about 250-300 people.
The beverages to be served outside will be served by our pavilion in a fenced area approximately
60' x 70' with a 4' fence. Our washroom facilities can be accessed in our hall either by the main
hall entrance or from the north side of the building.
We hope to have a good turnout and that everyone has a good time.
Thank you.
Sine~ely,
Margaret Szoke
Social Organizer
c.c.L.C.B.O.
Hi~iC. FriLLS CLERKS '00 Or:,'i_ j. i4:'[,~
INTER-DEPAR TMENT MEMORAND UM
TO: E.C. Wagg
City Clerk
FROM: Peter Corfield Fire Chief
SUBJECT: PROCLAMATION - "FIRE PREVENTION WEEK"
August8,2000
We respectfully request that the Mayor of the City of Niagara Falls proclaim the week
of OCTOBER 8th through OCTOBER 14th, 2000 as "FIRE PREVENTION
WEEK". This date is universal throughout North America.
Please find attached a recommended layout to be inserted in the newspaper. We
would appreciate if this proclamation could be scheduled for the September 25th
council meeting. Please advise us should it be scheduled at a different date.
The theme for the second consecutive year is:
"FIRE DRILLS: THE GREAT ESCAPE!l"
Fire Chief
PC:th PLAN.~ING tti~t::Th".~i~, AUIj 21 ZOO_O__
Fetal Alcohol Support Network
250 Scarborough Golf Club Road
Toronto ON M1J 3G8
Mayor Wayne Thompson
City Hall,
P.O. Box 1023 4310 Queen Street
Niagara Falls, Ontario, Canada
L2E 6X5
00/07/14
!tf
OFFtG~ ,. ~- u~vnR
Dear Mayor Thompson:
Through your initiative, Niagara Falls, ON, was among the first cities in North America to proclaim
September 9, 1999 as FAS Awareness Day. In fact, a number of other cities used your model for
their proclamations.
International Fetal Alcohol Syndrome Awareness Day started right here in Canada, and by
September 9 last year, there were over 80 volunteer coordinators in eight countries around the
wo~d who were carrying out events to let their communities know that, during the nine months of
pregnancy, a woman should not drink alcohol. We haven't changed the world yet, but we are
making progress. This year, 4 more countries will be adding their voices to ours and the media is
beginning to pay some attention to the fact that there is no lower threshold for the amount of
alcohol that is safe for the fetus.
I have enclosed a copy of the FASworld Report that details the impact of the work done by
volunteers last year, the media coverage, and some of the key points about FAS. We would be very
pleased to have Niagara Falls back with us this year by proclaiming September 9, 2000 as FA__S
Awareness Day. I have attached the copy that was sugg(stei]"F6i last yea?s proclamation, modified
for this year.
Your support helps us to send a very important message to all citizens who care about out future
generations. Thanks again for your help last year.
Yours truly,
Brian Philcox
President
PLANNING t,EEThNG
Tel 416.264.8111
Fax 416.264.8222 · E:mail ogrady~pathcom.com · www. fasworld.com
Volume No.l, Issue No. I
International FAS Day
In One Magic Minute, Changed the W/arid: 1999/9/9 9:09 am
n late February, 1999, a small group of burned-
lout parents, most of whom had never met face-
to-face, set out to change the world.
We are parents of children with Fetal Alcohol
Syndrome or Fetal Alcohol Effects (aka FAS/E),
one of the more common birth defects in the
world, and the one which could be totally
prevented. FAS/E is caused.by maternal drinking
in pregnancy, and it affects about 1 in 100 people
in North America, about 4 times in incidence of
AIDS/HIV. (There are about 3 million
help for our problems on the online support
group, Faslink, for two years or more. An~on that
February day, we began to wonder:
What if, on the ninth minute of the ninth hour of
the ninth day of the ninth month of the year one
thousand, nine hundred and ninety-nine, we asked
the world to remember that during the nine
months of pregnancy, a woman should not drink
alcohol? And, what if we also asked the world to
remember those millions of people who will never
ful~l their genetic potential, because of
people with FAS/E in the U.S., and
300,000 in Canada, the majority
undiagnosed.) In Eastern Europe
and the countries of the former
Soviet Union, the rate of
undiagnosed FAS is even higher.
Our original volunteers were mainly
adoptive and foster Ijarents, plus a '-\~
small but committed number of mothers in
recovery, who have been working hard to inform
and support o.ther women with substance abuse
problems. All of us lived daily with children whose
prenatal damage caused mental retardation or
learning disabilities, plus severe acting-out
behaviour that disrupted our lives and their
classrooms, and often physical problems requiring
much medical attention. For most of us, life
revolved around our children's crises: most mothers
had been forced to abandon any thought of a full-
time career.
Frustrated by the lack of public awareness of FAS
by both public and professionals, we had sought
prenatal alcohol? At this magic minute in
history, could we begin to change the
world?
And we began to work on it,
building alliances, with only the
help of the Internet. Our group
grew to include more than 70
~-: volunteer coordinators in eight
countries. Our northern-most volunteers were
in Alaska, Yukon and the new Canadian territory,
Nunavut, our southern-most in New Zealand. We
obtained FAS Day prodamations from numerous
cities and towns, and 13 U.S. states.
FAS Day began in Auckland, New Zealand, where
"Minute of Reflection" bells rang at 9:09 a.m., at
Mt. Albert Methodist Church. Then it moved to
Adelaide, Australia, and then to South Africa,
where at 9:09 a.m., Cape Town volunteers
gathered to hear the War Memorial Carillon that
rang when Nelson Mandela was released from
prison. Volunteers in Italy, Germany and Sweden
held events - and then FAS Day crossed the
FASworld: ogrady@pathcom.com voice 416.264.8000 or 264.8111 fax 416.264.8222
-2-
Atlantic. There were events in every time zone
across Canada and the U.S., including ringing of
carillons in Toronto, ON, Hastings, NE, Wichita,
KS, Minneapolis and Rochester, MN, Austin and
San Antonio, TX, and Chicago, IL. The western-
most activity was the community breakfast on the
tiny island of Kitkatla, BC, near the Queen
Charlotte Islands, where the village bell rang at
9:09 a.m. followed by prayers in the native tongue
by village elders.
We missed a few international time zones. We did
it all on $100 in donations, plus thousands of hours
of volunteer labor. It was a labor of love and
passionate commitment.
And all of us know that in one magic minute, we
really did begin to change the world.
·
~i~r~ at ~ of ~o~ &hoo~ Tok~, Og ~ng be~ ~
1999 919 9:09.
5. ~'inl:s il{ ]k:x6' t~xrrcaust a slorm
.'...: 'n:i.::,,
the. firsl hucrnafiolml I:~S
~ baucrcd ~nd
'cighl c~umries proved a.:i~}]'
. ... . :..:
Adopdv~'f~heb 'ai]~
.:....
': ,FAS/FAE,:
~ .P...
~*i;Uildiii
~.~k,;
.?'...
i,sychologists,, :d ps~;Chi/:~'[{[~'.' ~4` "'
al , .
· udde.,fl · die · (ou,td the eneq~y.xo write to
S )~ .....
, , ,:,:'~. ...'...f
]:AS l)a>: l,rodam~tio,u;'pi{'o,iea;or'~'rot~'the' ' ·
mesa
.n2.':'"
asked'
The Minute of Reflection and Bell Concordance
Everyone participating in FAS Day was invited to
share in the "Minute of Reflection" - 9:09 a.m. on
September 9, 1999, as it moved around the world.
This was a magical moment in history - the ninth
minute of the ninth hour of the ninth day of the
ninth month of the year one thousand, nine
hundred and ninety-nine.
The Minute of Reflection symbolized the
worldwide circle of community which links all of us
who care about FAS. On Sept. 9, bells in many
time zones marked the "magic minute" at 9:09 a.m.
We called this, the ' FAS Bell Concordance".
In early August, we learned that the only carillon in
Africa, the historic 37-bell War Memorial Carillon
in Cape Town, South Africa was scheduled to ring
at the Moment of Reflection. Installed in 1924 in
memory of those who fell in World War I, the
carillon has rung out on numerous historic
occasions, including the release from prison of
Nelson Mandela. Carillons are the world's largest
musical instruments, and their music can be heard
for miles.
chimes, hand bells, musical instruments, or shook
traditional aboriginal "rain sticks".
We came up with the bell idea as there is a purity
about bells that reminds us of the innocence of
children. As well, bells are historically associated
with warnings, alarms, marking important
moments, and simply pealing for the joy of
connecting with the community. FAS Day was all
of these things. ~_
We plan to have even more carillons and bells
ringing on Sept. 9, 2000. ~-
From the Oxford English Dictionary:
Concordance: 1. The fact of agreeing or being
concordant; agreem Oat, harmony... 4. An agreeable or
satis~ctory blending of musical sounds or notes;
harmon~
Below: Vivien Lourens of Cape ~wn, South Africa, with
daughter ~t~ha, FAS.
CoundesLs other church bells and other bells rang
-4-
The KNOT Tied Round the World
We have been pleased by the enthusiasm that
volunteers from New Zealand to northern Canada
have expressed for our new wearable symbol, the
"FAS Knot". Each FAS Knot can be easily made in
about a minute, for less than ten cents, and can be
used as a fund-raiser ($2 - $3 each) or given away
as promotions. (See photo, page I)
This piece of knotted cord was designed in memory
of Abel Dorris, 1968-1991, whose brief and
poignant life resulted in the groundbreaking 1989
book about Fetal Alcohol Syndrome, "The Broken
Cord", written by his father, Michael Dorris,
1945-1997.
The broken cord may refer to the umbilical cord,
the spinal cord, the nervous system, the cord
between the generations, or the cable on an
elevator. Michael Dorris wrote that if we back off
on our children with Fetal Alcohol Syndrome or
Fetal Alcohol Effects, they will sink like an elevator
once the cable is snapped.
Ten years later, a loving community around the
world reconnected the broken cord, and the FAS
Knot is our symbol. The cord is tied in a square
knot, sometimes called a reef knot, the favored knot
for reconnecting a broken line or cord. The knot is
stronger than the cord itself, and cannot be broken
or snapped.
To make the FAS Knot, we suggest an eight-inch
piece of 3/16" white cord, available in most
hardware Stores for a few cents per foot. You make
a circle approximately the size of your thumb, then
tie right over left and under; left over right and
under. It should look like two loops intertwined.
By choosing a cord instead of a ribbon, we are
separating ourselves from all of the other disorders.
We are not just another cause trying to raise money
- we represent those millions of individuals and
their families who have gone unrecognized,
unidentified, neglected on this continent and
throughout the world.
The cirde symbolizes the womb, a baby's head, the
human brain, the earth. And we, a planet-size
network of people who care about people living
with FAS, are the knot that will make them whole.
If women did not drink in pregnancy, FAS would
be totally eliminated. Our long-range goal is to
rename this small piece of cord, "The FAS Not!".
The FAS Knot was designed by Bonnie Buxton and
Brian Philcox, trademark pending. You can find
step-by-step photos at http://www. come-
over. to/FASWORLD/. We encourage groups
supporting FAS/E endeavours to use it for
promotion or fund-raising, and ask only that you
notify us before doing so.
Write to us at:
250 Scarborough Golf Club Road
Toronto, ON M1J 3G8
Tel 416.264.8000
Fax 416.264.8222
E-mail ogrady~pathcom.com
'
The tMIdren of Kira Meawasi~e. FAS Day volunteer and
yo.th worker at Native Child ~nd Fatally Services,
Toronto. 2}p rowt Chrls, 10, ]~ck~ 14, ]anie, 15;
second row: Raven, Z Lisa. 8; front row: Brenda. 5.
-5-
As the World Turned on FAS Day
A Sampling of Events and Activities:
· Auckland, NZ: breakfast for FAS supporters,
Minute of Reflection bells ringing in nearby Mt.
Albert Methodist Church. Events also held in
· San Antonio, TX~ day-long information program
for teachers and others concerned with FAS,
included presentations from FAS Day volunteers,
Claudia Barker and Dr. Bob Clayton.
Wellington. Hamilton and Invercargill. · Austin, T~ program built around the 56-bell
· Cape Town, South Africa: program outside; ;; Kniker C~illo~' at~ldi~t~rsity of Texas.
historic 37-bell War Memorial Carillon. which'~'s? ~:Tu~a;"'AZe.~-gt:09 a.m.~;ils at St. Augustine
rang when Nelson Mandela was released Eeam" ~ ";s Ca~gdral;. cCoor program featuring two young
prison. peg~/;'whg s~ggle daily with FAS. :-
· Kiel, Berlin, Flensb urg and Hamb urg,'jGerm~r: % Lak~landi ~.: five communities partidpa_.ted in
posters, buttons, info stand in town ~ntre; ?=.~!~: :~dayg'lon. g evg~':induding poster blitz,.:mza-~
information evening for Social~'Servicg~gh~s,;i,~,?!T~ ~g~ar .~{tf~ering "pregnant pause". a~z~'
physicians; famous restaurant giving free non-alcogaic . for pregnant women,:v~urch bells
alcoholic drinks to pregnant women all day long.
· Iqualuit, Nunavut: events induded church bells,
art exhibit featuring soapstone carving donated by
famous artist Ookpik Pitseolak, showing drinking
mother with baby in "amouti" (parka hood.)
· Toronto, ON: program inside Mctropolitar.
United Church induded in,e, ,m~ io,ml MM,c.s on
church carillon, native drum singericicle, oflcri,l:
ringing, junior high school students r/i~g FAS
Knots, prodamations in all five commumnes.
· Rea:iSeei;~iMl-..da.y mall displays, use:of FAS
b~'~:~~~in o~restau~.
.... . i'tfimester"
in!b~ fi'ms i6'n inbvklcd .eves v fittee blocks. At the
end 'a[ ih~",:~lk thg .hando~,, szWere assembled into
prayer in English and Qjibw;,. keynote aclc'lr<~s~ b~ a'pi~:.sre df':P"lse:dshv bot,,~cing bab~
Dr. Carolyn Bennett, MP. ' ""' .....""" ~""~" ' '
· Ri;'i';ft"Vii~t~;~fi~Y3,. B.(: :.: c,,-cd swea~odge held by
· Sioux Lookout, ON:-pfiSgr:,m in l,,cal I,ask'~dfi:~i~i'i~;."~'ii'!g'~'T,s,,,,~ Soc"i,,t:"' with traditional pipe
featuring sharing cli'd~,'l~avc, by I:i,s, N:,, i,,,~s '.. ..7-"~g~c~iifi~'i~f~';,'v~'rs i,C'~I',!~:i,.m., on Capilano
el&r, Minute oeRe~ecti6n'with'wi,,d chimes a,,d..':i~'~ '}~'.:~ae 'g..':'
· Kenon. Keewatin, Jaffrey Melick. C)N:,pos~er,. ~~. a~ the cd=e of"~ sa'uic hilly bay
...... .. "' ~7..-." =. '-?.0~: ..' '~ {.,_ ' .. ~." .' ,: . ;,.'i3,::',·
( :t s emony
Z: 27; 292ZV2:; L
· Toledo, OH: day-long acti~,t,cs in~. .... ;,, B.( T.:, o,n,m,,.L~ breakfast for more
PLAGUE" and matching v.'llow "l naa";;{~T-~$~g'!~!;"':"};,~,,.: ,~... ~,..,.,, ~. :i:,,: ~,,~,,.... featuring local church
T-shir~. ' ....~$~.:'.~,.,,....,.,".,~ i,.. ,,,,'.i'.',' ,.Id:,~ in native tongue.
· Minneapolis. MN: 9:09 a.m. l:clls ,.c "w¢~~'
carillons. City Hall, three ¢.::d ,cd r'=,! '
churches, followed by large rally and sp.~
outside State Courthouse.
-6-
Is Fetal Alcohol Syndrome Just Another
"Disease of the Week"?
As there are so many worthy illnesses and
disabilities, people sometimes ask why we want to
single out FAS for an o~cial day. Here are nine
good reasons - one for each month of pregnancy:
1. FAS is the largest cause of mental retardation
in most industrial nations.
2. FAS is more than a disability - its a sodal
disorder which causes many of the expensive
problem which plague governments, and all
of ns. On both a financial and personal level, we
are all affected by the secondary disabilities of
FAS and FAE: learning disabilities, early school
drop-out, juvenile delinquency, poverty, chronic
unemployment, sexual acting-out (promiscuity,
early pregnancy, prostitution or sexual assault),
mental illness, homelessness, violence, crimes
against property, alcoholism and addiction.
3. The general public, not to mention many
professionals, know very little about either
FAS, or the fact that no amount Of alcohol in
pregnancy has been established as safe for the
fetus.
4. FAS has the largest incidence of any birth
defect. In Canada and the U.S., of 10,000 births,
3 out of 10,000 will have Muscular Dystmphy.
There will be 4 with HIV infection, 4 with
Cystic Fibrosis, 8 will be born with Spina Biflda,
10 with Down Syndrome, 20 will have Fetal
Alcohol Syndrome, and another 100 will have
Fetal Alcohol Effects, which will probably never
be diagnos~d.
5. The secondary disabilities of people with FAS
are costing the taxpayers far more than any
other disability. Some economists have
estimated that every individual with FAS will cost
the U.S. taxpayers a minimum of $1.9 million in
his or her lifetime.
6. FAS could be totally prevented.
7. People with FAS tend to have many children,
who generally also have FAS. It is not unusual
for a young woman with FAE to have given birth
to four or five children damaged by alcohol or
drugs by the time she is 21 - and the cycle
continues.
8. There is no "indusiveness" for people~with
FAS. In general, our society has very little
compassion for those thousands of individuals
whose damaged brains lead them to crime,
homelessness, and addiction. Instead, we assume
that they have chosen to behave as they do. Few
people realize that the severely acting-out
teenager, the addicted prostitute, the homeless
beggar, or the mancharged with killing his
girlfriend's baby may all behave as they do as the
result of brain damage caused by their mothers'
drinking in pregnancy.
9. We can beat FAS, just as we have beaten other
health disorders. Prevention programs and
treatment programs for alcoholic women could
dramatically reduce the incidence of FAS. Early
diagnosis and new techniques of therapy, medical
treatment, education, and residential facilities,
could allow people with FAS to lead productive
lives. And save each nation millions of dollars
that could be diverted for other disabilities.
A hard-won trophy fir
Isaac Henke, 9, who lives
with FAS, son of FAS Day
volunteer Traci Henke of
Key Facts on Fetal Alcohol Syndrome/Effects
· Fetal Alcohol Syndrome (FAS) and Fetal Alcohol
Effects (FAE) are caused by women drinking
alcohol while pregnant.
· No mount of alcohol in pregnancy has been
established as safe for the fetus.t
· FAS is the biggest cause of mental retardation in
North America, and could be totally prevented if
all women abstained from alcohol in pregnancy.
· The less obvious and seemingly milder Fetal
Alcohol Effects (FAE) can be equally damaging to
babies.
· Some experts estimate that about 1% of North
Americans are living with FAS or FAE - about
four times as many people as those with
AIDS/HE There are three to five times as many
people with FAE as FAS.2
· However, some research indicates that as many as
one in eight children in the U.S. has some form
of permanent brain damage caused by maternal
drinking in pregnancy.3
· Since 1973, the medical profession has known
that alcohol in pregnancy impedes fetal brain
development, affecting intelligence, learning skills
and behaviour.
· People with FAS have distinctive physical
appearance and lower IQs, but have lower crime
and addiction rates than individuals with FAE as
they get earlier diagnosis and can be better
protected by society and their parents.
· Individuals with FAE may look normal and have
seemingly normal intelligence, but their damaged
brains can result in learning disabilities,
impulsivity, lying, stealing, tantrums, violence and
aggression, inability to predict consequences or
learn from experience, lack of conscience, and
being highly addictive.
· Most people with FAE look perfectly normal and
are never diagnose& A high percentage of
homeless people and juvenile and adult offenders
suffer from undiagnosed FAS/E.
· Of individuals with FAE between the ages of 12
and 51,4
· 95% will have mental health problems;
· 68% will have "disrupted school experience";
· 68% will experience trouble with the law;
· 55% will be confined in prison, drug or alcohol
treatment centre or mental institution; ~
· 52% will exhibit inappropriate sexual behaviour.
· Of individuals with FAE between 21 and Sq:5
· more than 50% of males and 70% of females
will have alcohol and drug problems;
· 82% will not be able to live independently;
· 70% will have problems with employment.
· Some researchers estimate that each individual
with FAS/E costs the taxpayer approximately $2
million in his or her lifetime, for health problems,
special education, psychotherapy and counselling,
welfare, crime, and the criminal justice system.6
· During their lifetimes, the individuals with FAS/E
now alive in Canada will cost the taxpayers about
$600 billion, about the same as the current
national debt.7 In the U.S., they will cost the
taxpayers about $6 trillion.
'1. Surgeon GenerA% Advisory on Alcohol and Pregnancy, U.S. Surgeon-
General, Washington, D.C., 1981.
2. Fetal Alcohol Syndrome. Diagnosis, Epistemology, Prevention and
Treatment, Washington Institute of Medicine, National Academy Press,
Strastun, K., Howe, C., Barraglia (Eds.,) 1996.
3. Journal of the American Academy of Child and Adolescent Psychiatry.
4. Understanding the Occurrence of Secondary Disabilities in C[ienu with
Fetal Alcohol Syndrome (FAS) and Fetal Alcohol Effects (FAE), University
of Washington School of Medicine, Department of Psychiatry and
Behavioral Sciences, 1996.
5. See above source.
6. Fact sheet. Current Perspectives: Fetal Alcohol Syndrome. Alcohol-Related
Effects, Dr. CAlvin IL Sumner. M.D.. West Virginia University,
Department of Behavioral Medicine and Psychiatry (undated), quoting
study from National Counci[ on Alcoholism and Drug Dependence, (U.S.).
7. Multiply the 300,000 Canadians currently affected by FAS/E by
$2,000,O00 = $600 billion.
FAS Breaking News
Print/Online
· Article by B. Buxton: Ketchikan Kanoe.
· Article by Bonnie: Chicago Tribune.
· Article on FAS/FAS Day: St. Patti Pioneer.
· Article/photos on FAS/FAS Day: Toronto Star.
· T. Star article picked up by CP (Cdn. Press), Montreal
Gazette, London (ON) Free Press, Saskatoon Star-
Phoenix, Welland Tribune, Thunder Bay Chronicle-
Herald, Winnipeg Free Press, and a newspaper in
Prince George, B.C., among others.
· Calgary Herald, Calgary, AB, article on FAS/FAS Day.
· Article on FAS Day, Mackenzie Report (northern
Alberta), distributed in High Level Echo, La Crete/Fort
Vermilion Northern Pioneer, Manning Banner Post,
Grimshaw Mile Zero News.
· Article by Bonnie: Beach Metro News, Toronto.
· Article/photos on FAS/FAS Day: Scarborough Mirror,
Toronto.
· Guelph Mercury - Guelph, ON, FAS Day story.
· Guelph Mercury - Brenda Chamberlain, MP, column
on FAS/FAS Day.
· Guelph Mercury - coverage of C. Margetson's petition
to Guelph City Council re FAS DAY proclamation.
· New Tanner, Acton, ON, article on Shiona Watson
· The Sattit Star - Sattit Ste-Marie, Karen Pomber
~Digest' article.
· Sattit This Week - Ann Sarich item.
· Toronto Hospital for Sick Children newsletter, "This
Week", article on FAS Day.
· Prince Albert Daily Herald, article on FAS/FAS Day.
· Montreal Gazette interview w/Louise Morin.
· CCSA Newsletter (national) - articles on FAS Day.
· The Catholic Register (Cdn. weekly) FAS story.
· The United Church Observer, article on FAS and FAS
Day, scheduled for November.
· Whitehorse Star, article on FAS and FAS Day.
· Kelowna Courier, Kelowna, BC, Nola Barry - 3 FAS
adopted native children.
· Cold Lake Sun, Lakeland, AB, articles week of FAS Day.
· Cold Lake Courier, Lakdand AB, artide.
· Bonnyville Nouvelles, Lakeland, AB, article on FAS
Day proclamation.
· The Regional, serving 7 communities comprising
Lakeland, AB - full page articles weekly for 4 weeks up
to Sept. 9.
· Chatelaine (Cdn. women's magazine) -Aug.'99 -Why
I Don't Leave Him by Carol LePage.
· Exchange Today, nat'l Exchange Club (US), newsletter.
· North County Times, San Diego, CA - E'Louise
Ondash article.
· North County Times, San Diego, CA - FAS/FAS Day
column.
· Minneapolis Star, article.
· The Press, Aftantic City, NJ - Story on Allen family
and FAS Day. ¥
· Des Moines Register, Des Moines, IA: FAS article.
· Tucson Citizen, article on Kellerman family/FA~S Day.
· Rochester Post-Bulletin, Rochester, MN, article.
· The Tribune, Hastings, NE, story on Hause family,
FAS/FAS Day.
· The Daily Texan, Austin, TX - item on FAS Day bells.
· Austin American Statesman, Austin, TX - article on
FAS Day.
· Austin Chronicle - FAS Day story.
· P~ugerville P~ag, P~ugerville, TX - FAS Day article.
· The Tader, Cape Town, S.A. - "Fighting abuse with
love and family", full-page article with photos on
Lourens family.
· Cape Times, front page article on FAS Day.
· Die Burger, Cape Town, article in Aftikaans language
on FAS Day and bell-ringing.
· Cape Argus front page article with photos, "The
Hangover That Lasts a Lifetime".
· Die Burger "Klokhelder klanke" or 'Crystal clear bells"
article reporting FAS Day events with photo of
carilloneur Donovan Baguley playing.
· Kieler Nachtrichten, Kiel, Germany - Poison Through
the Umbilical Cord.
· Kindeswohl, Germany (magazine about children).
· Mittendrin (magazine from Bundesverband behinderte
P~egekinder).
· The Woman Magazine, UK - article on Ann Gibson
and her child with FAS.
· Women's Day magazine, New Zealand, Shirley
Winikerei story.
· Cape Argus Newspaper, Cape Town, S.A., FAS Day story.
· The Southern Cross, Cape Town, S.A. - Catholic
Weekly, FAS story.
Radio
· CBC Radio 1 Toronto, "Metro Morning", FAS
interview w/Buxton & Philcox.
· CHUM-AM & CHUM-FM, Toronto, ON - FAS Day
news items.
· CHUM National News Network (Canada) - news
items.
· Mix 100 & Q104 - Sault Ste-Marie, ON, PSAs.
· WYSS-FM/WKNW-FM - Sault SteoMarie, ON, PSAs.
· CBC Northern Ontario Regional Service - PSAs,
· Radio-Canada live interview with Louise Morin
(en franc~ais).
· Quebec City radio station items on FAS Day - CKLD
& CFJO.
· 66CFR, Calgaxy, AB - Nancy McDonald. QR77,
Calgary, AB - N. McDonald interview.
· CJCW, Lakeland, AB - PSAs, interviews with Cold
Lake mayor, volunteer, Monique Corbiere, many news
items.
· CBC Midday Express, Lethbridge, AB.
· CBC News, Lethbridge, AB.
· CKBI News, Prince Albert, SIC
· CBC Questionnaire/phone-in with FAS activlst Val
Surbey, Winnipeg, MB.
· CHON-FM, Whitehorse, YT, interview with volunteer
Lilliam Sequeira Duran.
· KBRW, PSAs, Barrow, AIC
· KKPR 1460 AM. Airing 9~9°99 in Keamey Nebraska.
· FOR K/D'S SAKE! RADIO: CFRC-FM Kingston,
ON; CJMQ-FM Lennoxville, POd WNEDoAM
Buffalo, NY.
· KFDI-FM, Wiehita, KS: interview with Dayna Brown.
· ~ Austin, TX - public service announcements.
· KTTC, Rochester, MN - PSAs.
· KKPR, Kearney, NE - FAS Day coverage.
· Radio NZ - New Zea/and interview with Chris Rogan,
exec. dir. of F.ANZ.
· KFM Radio, Cape Town, interview with Vivien
Loureus, ringing bells at 9:09 a.m,
· CapeTalk Radio, 567 AM 3 hour on-location phone-in
broadcast on FAS Day morning ourside War Memorial
Carillon, interviews, bells, FAS experts, etc.; linked to
national South African audience via 702 AM.
· CHRY~FM, Toronto, interview with B. Buxton on
"The Aboriginal Spirit".
· KARE 11, Minneapolis, interview with mom and
daughter Jodee and Liz Kulp.
· WCCO Radio, Minneapolis, interview with volunteer
Susan Carlson.
· MN Public Radio, All Things Considered, interview
with Susan Carlson.
· MN Public Radio, interview with Jodee and Liz Kulp.
· KTIS Christian Radio, Minneapolis, numerous
mentions on news programs.
· CITY-W, Toronto, ON - B. Buxton interview.
· V~sion TV (Canada) 2 public affairs shows on FAS,
"Skylight".
· CBC NewsWorld TV (nat'l) - morning news~nterview
(B. Buxton/B Philcox).
· Shaw Cable 10 - Sault Ste-Marie, ON, Conun~.unity
Bulletin Board.
· CBC-TV, Calgary, AB - FAS Day item.
· W Channel News, .Calgary, AB.
· CISA-TV, News Report, Lethbridge, AB.
· CBC-TV, In the Company of Women item on FAS
with Carol LePage, scheduled for October/99.
· Rogers Cable - Community Affairs.
· TVA (French network in Canada) - interview with
Louise Motin and Luc Roy.
· "Eye on Saskatchewan~, TV interview, Prince Albert.
· Radio-Canada (French-language TV), public affairs
feature with Claudia Park, date TBA.
· CBC-TV, Native Program,Whitehorse, YK.
· KAKE-TV, Wiehita, KS: promos for FAS Day.
· PAX TV, Chicago, IL - interview with volunteer
Barbara Ferguson.
· WCCO TV, Minneapolis, interview with Susan
Carlson.
· Cable 30 TV, Minneapolis, complete TV coverage of
FAS courthouse rally.
· Tucson, AZ, TV coverage of FAS Day events by both
channel 13 KOLD (CBS) and Channel 9 KGUN
(ABC).
· Channel 13, Sacramento, CA, interview with volunteer
Traci Henke.
· Austin, Texas, TV news.
° Turnwater, WA, proclamation read on televised City
Council, channel 26.
· TVNZ - New Zealand network interview with Chris
Rogan.
· Cape Town, "AM2DAY", National Television breakfast
TV program made 9 mentions of International
FAS Day.
FAS Day Proclamations
Cities and Towns
· Ketchikan, AK
· Niagara Falls, ON
· Toronto, ON
· Kenora, Keewatin &
Jaffray Melick, ON
· Prince Alberta, SK
· Calgary, AB
· Red Deer, AB
· Lakeland, AB:
proclamations in seven
neighboring communities,
including Cold Lake,
Bonnyville, Lac La Biche
· Fort St. James, BC
· Vanderhoof, BC
· Chicago, IL
· Evanston, IL
° Warsaw, IN
· St. Paul, MN
· Hastings, NE
· Bowling Green, OH
· Cincinnati, OH
· Columbus, OH
· Maumee, OH
· Perrysburg, OH
· Sylvania, OH
· Toledo, OH · California
· Covington, KY . Florida
· Austin, TX · Georgia
· Pflugerville, TX · Indiana
· Turnwater, WA
· plus resolution: · Kansas
Minneapolis, MN · Minnesota
..and many other · New York
communities around the · Nebraska
world
· New Jersey
States · Ohio
· Alaska · Texas
· Arizona
International -
South Africa
Letters of support from:
· President Thabo Morkel
· Former president
Nelson Mandela
· Western Cape premier
Gerald Morkel
Plus leaders of the:
· South African Anglican
Church,
· Roman Catholic
Church
· Dutch Reformed
Church
7 wanna hold it.t' New Jersey volunteen Carlyn Graham and Carol Ann Alien, plus Carol Ann}five
children with FAS receive a dvic proclamation flora their local mayor. Front.' Carol Anne Marie, 6,
Anthony Francis, 5. Back row; Paul Anthon3 11, Carbtn, Vincent, 12, Carol Ann (ageless), Will Jr., 12,
(fate hidden), Mayor Charles Leusner of Middle Township, Cape May Count}
-11-
Supporters of the International FAS Day initiative
Canada
· The Canadian Centre on Substance Abuse, Ottawa,
ON
· The Centre for Health Promotion at the University
of Toronto
· Hospital for Sick Children, Motherisk Program,
Toronto, ON
· Fetal Alcohol Syndrome Advocacy and Training,
Guelph, ON
· Adoption Council of Canada, Ottawa, ON
· Special Needs Adoption Parents (Canada),
Vancouver, BC
· Adoption Council of Ontario, Toronto, ON
· Ontario Association of Children's Mental Health
Centre. s, Toronto, ON
· Ontario Association of Parents for Children's
Mental Health, Toronto, ON
· FAS Regional Educational Initiative (Ontario)
· Saskatchewan Institute on Prevention of Handicaps,
Saskatoon, SK
· Fetal Alcohol Family Association of Manitoba,
Winnipeg, MB
· B. C. Fetal Alcohol Support Network, Vancouver, BC
· B.C. Association of School Psychologists, Vancouver
British Columbia
· Association for Community Living, Manitoba,
Winnipeg, MB
· Alberta Alcohol and Drug Abuse Commission
· SAFERA, Quebec City, PQ
· Association for Community Living,
Sunshine Coast, BC
· Squamish Nation Social Development Dept.,
Squamish, BC
· Change of Seasons Society, N. Vancouver, BC
· Brighter Future, Kirkaria, BC
· Fetal Alcohol Support and Information Centre,
Windsor, ON
· Six Nations Social Services FAS Committee,
Ohswekean, ON
· FAS Family Support Program, Sioux Lookout, ON
· Kenora FAS Committee, Kenora, ON
· Kirkland Lake FAS Ctte., Kirkland Lake, ON
· Native Children and Family Services, Toronto, ON
· Breaking the Cycle, Toronto, ON
· Fetal Alcohol Support Network, Toronto, ON
· Wings of Power, Pine Falls, MB
· Fetal Alcohol Syndrome Society Yukon
(Whitehorse)
· Baffm Alcohol Network, Iqaluit, Nunavut
· Employment Access, Red Deer, Alberta=-
· Cold Lake Community, Alberta
· Peace Health Region, Peace River, AB ~-
· Kahnawake Preconceptual Health Program,
Kahnawake, PQ
United States
· National Organization on Fetal Alcohol Syndrome,
Washington, DC
· National Exchange Clubs (U.S.)
· FAS Community Resource Center, Tucson, AZ
· The Yellow Umbrella, Florida
· Campaign for Alcohol-Free Kids, Clearwater beach, FL
· Family Resource Institute in Everett, WA
· FAS (Friendship and Support), Lexington, KY
· Wal-Mart, Wichita, KS
· Red Ribbon Coalition, California
· Texas Office for Prevention of Developmental
Disabilities, Austin, TX
· Texas FAS Consortium, Austin, TX
· Student Family Services, Wesley Foundation of
Austin, Austin, TX
· Project A.D.A.P.T, University of Texas Health
Science Center, San Antonio, TX
· SouthWest Medical Health Center, San Antonio, TX
· Minnesota Organization on Fetal Alcohol
Syndrome, Minneapolis, MN
· Minnesota Fetal Alcohol Coordinating Board,
Minneapolis, MN
· New Dawn Board and Lodge, Brainerd, MN
· Double ARC, Toledo, OH
· FAS Family Support Group, Cincinnati, OH, and
Northern Kentucky
-12-
Supporters of the International FAS Day initiative cont'd
International
· "Bundesverband behinderter Pflegekinder e. V" in
Germany
· Children's Hope, Sweden
· FAS-foreningen, Sweden
· New Zealand's national FAS organization, FANZ
· Fetal Alcohol Advocacy, Invercargill, NZ
· Fetal Alcohol Support Group, Adelaide, Australia
· Virtual Parenting, Coffs Harbour, NSW, Australia
· Fetal Alcohol Support South Africa,
Cape Town, South Africa
Our thanks to a world full
of brilliant butterflies...
Mercedes E. Alejandro, Carol Ann Allen, Claudia
Barker, Tim Bannon, Andy Barrie, Dan Blakley,
Sheilagh Beatty, Janice Beddard, Dr. Carolyn
Bennett, M.E, Mary Berube, Helene Branch,
Dayna Brown, Frances Brown, Geraldine Brown,
Janet Budgell, Ria Busink, Tracy Buffer, Larry
Camp, Lance Carlson, Helen Chesterfield, Dr.
Robert Clay, Theone Collins, Jack Conover, Joan
Cubbon, Carolyn Dartnell, Helen Dolick, Kim
Downey, Renn Doyle, Patty Dryden-Holstrum,
Lilliam Sequeira Duran, Sue Egert, Shannon Felix,
Barbara Ferguson, Sister Suzette Fisher, Margie
Fulton, Ann Gibson, Carlyn Graham, Mary Green,
Judy Grove, Traci Henke, Trudy House, Deb Hoyt,
Mado Kaskoto, Judy Kay, Kathy Kay (Sauve), Dale
Kendel, Diane Kerchner, Jodee Kulp, Deborah
Locke, Anita l%vig, Suzanne M. Lucier, Vivien and
Peter Lourens, Beth McBlaine, Deanna McBurney,
Delinda McC/nn, Carol Ann McDonald, Nancy
McDonald, Gerald Martindale, Chris Margetson,
Kim Meawasige, Sue Miers, Viki Miller, Louise
Morin, Robert Nahanee, Steven Neafcy, Saula
Nelson, Colleen Orrick, Karen Palmet, Terry
Palmet, Joan Panteluk, Claudia Park, Pattyanne
from Florida, Cleo Philcox, Mark Philips, Gigi
Pilcher, Kathy Porter, Sister Eileen Power,
Susan Rich, Carmen Robillard, Elspeth Ross,
Bruce Ritchie, Chris Rogan, Susan Santiago, Marge
Schaim, Mark Schneider, Nelda Sharp, Bill and
Joan Smith, Jamie Smith, Margaret Sprenger, Carol
Stimmdl, Sue Truax, Susan Trussux, Val Surbey,
Roseanne Terry, Jacqueline Thorne, Kim Trotter,
Lee Ann Tyrrell, Fran Valentine, Shiona Watson,
Nancy White, Elaine Wills, Shirley Winikerei,
Katarina Wittgard, Edith Woodward, and all of the
wonderful FAS Day volunteers.
Special Appreciation
To Susan Carlson, former First Lady of
Minnesota, for assisting our volunteers in
obtaining state prodamations; and Linda Graves
and Hope Taft, First Ladies of Nebraska and
Ohio, for their enthusiastic support.
To donors Judy and Sheldon Godfrey, and to
Enbridge Consumers Gas who designed and
printed this first edition of the FASworld Report.
To James B. Smith and Mark Sylvain, creators of
original FASworld graphics.
Our deepest gratitude to FASworld co-coordinator
Teresa Kellerman, without whose enthusiasm,
support, computer skills, and tireless work, FAS
Day could not have happened.
To our children, struggling with fetal alcohol
disorders every single day, many of whom have
courageously allowed themselves to be publicly
identified and, in particular, our beloved
daughter Colette Philcox, who sent us on this
journey in September 1983.
Rusty Kerchne~, 6, with FAS, son of
FAS Day volunteer, Diane Kerchner,
of San Dimas, CA.
Can We Put You to Work on FAS Day 2000?
We'd love to hear from you.
Bonnie Buxton or Brian Philcox
fl~pt_, F~S CLERKS '(.~10815
Mc~rinley-Molodynta Chiropractic Clinic
4750 Valley Way (at Victoria), Niagara Falls, Ontario L2E 1W1 (905) 357-2060 Fax (905) 374-3135
July 26, 2000
FOR THE INFORMATION OF COUNCIL
His Worship Mayor Wayne Thomson
and Members of the Municipal Council,
City of Niagara Falls, Ontario
Dear Members:
Re: Annual Man-A-Mile Relay Race
The Niagara Parks Commission has approved the use of the Niagara Parks
Commission Recreation Trail for this year's Man-A-Mile Relay Race.
The details of the race are as follows:
Date:
StarLing Time:
Place:
Mond~Y;~tobe.r,9*, 2000:-~
9:00 a.m.
McFarland Park
Proposed Route:
The race will start at McFarland Park on the Niagara River Parkway and
proceed south to Victoria Avenue in Niagara Falls, south on Victoria Avenue to
Valley Way, southwest on Valley Way to Morrison Street and west on Morrison
Street to Oakes Park.
we respectfully request the use of the Municipal Roads for this event and
request that the Mayor, or his representative, be present for the award
presentations at Oakes Park. If any member is interested in entering a team
(family, open, etc.) please contact me. A good way to wear off all ~at turkey!!
Chairperson, Man-A-Mile Committee
JMM/sh
CC:
Acting Chief Nickoils, Niagara Regional Police
Chief Ray Vasallo, Niagara Parks Police
Karl Dren, City Service Centre
PLANNING MEETING
Community Sen/ices Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city,niagarafalls.on.ca
August 21, 2000
His Worship Mayor Wayne Thomson
and Members of the Municipal Council,
City of Niagara Falls, Ontario
Members:
Re: MW-2000-83
Public Information Session & Open House
for Collins Drive and Toby Crescent
Ed Dujlovic, p. Eng.
Director of Municipal Works
MW-2000-83
File: 00-187-00
RECOMMENDATION:
It is recommended that the information contained in this report be received and filed.
BACKGROUND:
On Wednesday July 26, 2000 an Open House and Public Information Session was held for the
above project.
The proposed works on:
Collins Drive from Drummond Road to Southeast limit
Toby Crescent from Collins Dr. to Collins Dr.
will consist of complete road reconstruction with new storm sewers, watermains, curb and gutter,
sidewalk and all related appurtenances. The curb and gutter installation is subject to Local
Improvement being appmved at the Council meeting on September 11, 2000.
At the Open House and Public Information Session, three (3) residents attended and
approximately two (3) residents telephoned or had previously contacted us to obtain information.
The concerns or comments expressed by these residents are as follows:
The three (3) residents that attended were satisfied with the proposed works and
their comments were adequately addressed.
The three (3) residents that called were happy with the proposed works but two
were concerned about the Local Improvement Curb and Gutter. The process was
explained to them and what needed to be done to petition against it.
Municipal Works
Working Together to Serve Our Community
Fire SeNices Parks, Recreation & Culture
Business Development
- Page 2 -
The schedule for this project is as follows:
Tendering
Council Approval'
Construction Start
August 2 to August 15
August 2 1
September 5
A further report will be presented to City Council at their meeting on September 11 regarding the
curb and gutter Local Improvement works.
Council's concurrence with the above recommendation would be appreciated.
Prepared by:
Frank Higgins, C.E.T.,
Manager of Projects
Director of Municipal Works
Approved by:
John Ma
: Director of Community Services
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: (905) 356-7521
Fax: (905) 356-2354
E-mail: fhiggins@city.niagarafalls.on.ca
Director
August 21, 2000
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Re: MW-2000-84
Contract 2000-187-00
Collins Drive and Toby Crescent Road Reconstruction
Ed Dujlovic, Po Eng.
MW-2000-84
File 00-187-00
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Centennial Construction
and Contracting Inc., be accepted and the by-law be passed.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. E. C. Wagg, opened
tenders on Tuesday, August 15, 2000 at 1:30 p. m. for the above noted contract.
Tender documents were picked up by ten (10) Contractors and six (6) bids were received.
Listed below is a summary of the totalled tendered prices, excluding GST, received from the six
(6) Contractors, together with the corrected bids *
1. Centennial Constr. & Contracting ( Niagara Falls )
2. DeRose Bros. Gen. Contracting
3. Trenchline & Roads Inc.
4. Condotta Construction Ltd.
5. Provincial Construction Ltd.
6 V. Gibbons Coreracting Ltd.
( Thorold )
( Jordan Station)
( Thorold )
( Niagara Falls )
(Ridgeway)
Municipal Works
*$522.090.00 ($521,948.54)
$558,605.02
*$559,971.00 ($560,133.00)
*$565,374.21 ($565,360.21)
$631,669.45
*$640,971.68 ($640,971.68)
Working Together to Serve Our Community
Fire Services · Parks, Recreation & Culture Business Development
2000-03-27 2 MW-2000-84
The lowest tender was received from Centennial Construction and Contracting Inc. in the
amount of $522,090.00. This Contractor has previously performed similar type projects for
Developers within the City under our inspection. We are therefore, of the opinion, that this
Contractor is capable of successfully undertaking this project.
Local Improvement curb and gutter have been included in this tender. However, actual
construction of curb and gutter is dependent upon the majority of the residents not petitioning
against the works. This petition must be received by the City no later than September 1, 2000. A
report will be presented to City Council at their meeting on September 11, 2000 with the final
recommendation for the curb and gutter. The Contractor will than be advised whether to proceed
with that item of the contract
Financing:
The Engineer's estimate for this contract was $525,000.00.
Project Costs:
Awarded Contract
Top Asphalt (next year)
Miscellaneous Fees ( MOE )
Testing
Net G.S.T. 3%
$522,090.00
$ 20,000.00
$ 1,200.00
$ 2,000.00
$ 16,358.70
TOTAL $561,648.70
Funding:
Capital Construction Program
Local Improvement (Residents)
$550,000.00
$ 40,000.00
TOTAL $590,000.00
This project is scheduled to commence on September 5, 2000. All works are to be completed
within 35 .working days.
Council' s concurrence with the recommendation made would be appreciated.
Prepared by:
Frank Higgins, C.E.T.
Manager of Projects
Res tfully Submitted by:
Edward P. Lustig, -
Chief Administrative Officer
August 21,2000 3 MW-2000-84
Recommended by:
pP~EdDuj~'lov~
Director of Municipal Works
Approved by:
John MacD~o~a~zd~'''''~//
~eDirector Of Community Services
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: (905) 356-7521
Fax: (905) 356-2354
E-mail: darrells@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2000-85
File 00-190-00
August 21, 2000
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Re:
MW-2000-85
Contract 2000-190-00
2000 Watermain Replacement Program
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Condotta Construction
Ltd., be accepted and the by-law be passed.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. E. C. Wagg, opened
tenders on Wednesday, August 16, 2000 at 1:30 p. m. for the above noted contract.
Tender documents were picked up by six (6) Contractors and five (5) bids were received.
Listed below is a summary of the tomlied tendered prices, excluding GST, received from the
five (5) Contractors, together with the corrected bids *.
1. Condotta Construction Ltd. ( Thorold )
*$538,999.07 ($538,884.63)
2. DeRose Bros. General Contr. Ltd. ( Thorold )
*$543,957.35 ($543,950.11)
3. Volsci Construction Co. Inc. ( Niagara Falls ) $560,042.00
4. Trenchline & Roads Inc.
( Jordan Station ) $601,189.00
5. Provincial Construction Ltd. ( Niagara Falls ) $627,706.56
Municipal Works
Working Together to Serve Our Community
Fire Services Parks, Recreation & Culture
Business Development
2000-08-21 -2- MW-2000-85
The lowest tender was received from Condotta Construction Ltd. in the amount of $$538,884.63
This Contractor has previously perforated similar type projects for the City. We are therefore, of
the opinion, that this Contractor is capable of successfully undertaking this project.
Financing:
The Engineer' s estimate for this contract was $500,000.00.
Project Costs:
Awarded Contract $538,884.63
Consultant $ 10,511.00
Miscellaneous Fees ( MTO & MOE ) $ 1,200.00
Net G.S.T. 3% $ 16,166.54
TOTAL $566,762.17
Funding:
2000 Capital Construction Program
Water Reserves
$220,000.00
$350,000.00
This project is scheduled to commence on September 5, 2000. All works are to be completed
within 30 working days.
Council's concurrence with the recommendation made would be appreciated.
Darrell~
Manager of Engineering Services
Respectfully Submitte by:
d P usti
Chief Administrative Officer
ERS~Z~g.,
Director of Municipal Works
Community Services Department
Building and By-law Services
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Tel: (905) 356-7521
Fax: (905) 374-7500
E-mail: melb@city.niagarafalls.on.ca
BBS-2000-01
Mel Brown,
Chief Building Official
August 21, 2000
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
BBS-2000-01
Appointment of Inspectors - Robert Judge & Sandro Elia
RECOMMENDATION:
That Robert Judge and Sandro Elia be appointed as Inspectors pursuant to the Building Code Act
1992, the appointment of Ted Armstrong, as an Inspector, be cancelled and that By-law 93-283 be
mended accordingly.
BACKGROUND:
Robert Judge and Sandro Elia have been hired as a Building Inspector and Applications Examiner,
respectively, in the Building Division. Accordingly, in order for them to perform their functions,
it is necessary for them to be appointed as Inspectors, in accordance with the provisions of the
Building Code Act 1992, as amended. Ted Armstrong has retired and is no longer employed by the
City.
ended by:
Mel BroGn
Chief Building Official
Respectfully Submitted: ~X)
Edward P. Lustig, ,
Chief Administrative Officer
Approved by:
J hn MacDon//~al~~
xeI~~M'~DiStector of Community Services,
Encl.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & CuHure · Business Development · Building & By-law Services
CITY OF NIAGARA FALLS
By-law No. 2000-
A by-law to amend By-law No. 93-283, as amended, being a by-law to appoint a chief building official
and inspectors under the Building Code Act.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS
FOLLOWS:
Section 2 of the said By-law No. 93-283 is amended by adding the names of Robert Judge and
Sandro Elia and deleting the name of Ted Armstrong, therefor.
This by-law shall be deemed to have come into force on the day of passing.
Passed this 21st. day of August, 2000
E.C.WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading:
Second Reading:
Third Reading:
August 21, 2000
August 21, 2000
August 21, 2000
Community Services Department
Building and By-law Services
4310 Queen Street
Niagara Falls, Ontario
· L2E 6X5
Tel: (905) 356-7521
Fax: (905) 374-7500
E-mail: melb@city.niagarafalls,on.ca
BBS-2000-05
Mel Brown,
Chief Building Official
August 21, 2000
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Fails, Ontario
Members:
Re:
BBS-2000-05
Application for Projecting Sign
Sign By-Law Variance Request By-Poll August 11, 2000
5008 Centre Street
RECOMMENDATION:
That Council not approve the variance to the Sign By-law for the application for a projecting sign
at 5008 Centre Street, for Alien Encounters, Yanks and House of Cuban Cigars.
BACKGROUND:
An application was received for a projecting sign at 5008 Centre Street for Alien Encounters, Yanks
and House of Cuban Cigars. The proposed sign will be:
- twenty-one by six feet (21' x 6")
- with an area of one-hundred and twenty-six (126') square feet,.
- thirteen and one-half feet (13'6") above grade.
- total height of the sign above grade will be thirty-four and one-half feet (34'6").
The Sign by-Law states that the maximum size of a projecting sign shall be no greater than seventy-
five square feet (75'). There is no objection to the additional size of the structure, however, the
location of the sign will pose a problem.
The proposed location of the sign will project six feet six inches (6'6") from the face of the building
at 5008 Centre Street. The City of Niagara Falls Sign by-law states that "Projecting signs attached
to buildings shall not extend more than ten (tO) feet beyond the face of such building and shall not
project beyond a line two and one-halffeet (2-l/2) from the face, nearest the roadway of an existing
sidewalk or future sidewalk."
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services
August 21, 2000 -2- BBS-2000-05
The sidewalk area in question is only seven feet six inches (7'6") wide, measured from the face of
the building, to the point where the sidewalk and gutter meet. This would allow only a one foot ( 1 ')
projecting clearance between the edge of the road and the edge of the sign.
A site inspection has revealed that there are signs in this area that also project beyond the By-Laws
recommended distance. Although the proposed sign would be in keeping with the area, staff are
concerned with the projection to the curb line and potentially having the structure interfere with
trucks, tour buses or large recreational vehicles at this narrow and congested area.
Photographs showing similar signage in the area are attached for Council's review. As well,
attached you will find a diagram of the sign, and a plot plan, showing the distances discussed in the
report.
Prepared by:
Wheeler
~y-law Enforcement
Respectfully Submitted:
Edward P. Lustig,
Chief Administrative Officer
Mel Brown
Chief Building Official
Approved by: {~
John MacDonald
~ Services.
iv Director of Community
a~ach.
I
BBS-2000-05
August 8, 2000 10:30 a.m. facing south eas[ towards Clifton Hill
and Victoria Avenue
Schedule "B"
BBS-2000-05
August 8, 2000 10:30 a.m.
facing south east towards Clifton Hill and
Victoria (opposite side of street from proposed sign)
Schedule "C"
BBS-2000-05
August 8, 2000 10:30 a.m. Centre Street facing north west to Ellen
Ex~stin~ intersec~ion and signs.
.EXCOUXTER
INTE RNATI :~.'NAL
CURRENCY EXCHANGE
· FOREIGN CURRENCY
· TRAVELLrcR' S CHEQUES
· ATM MACHI.NE
· USA CASHW,.,~
Schedule "F"
BBS-2000-05
Computer generated photo of proposed location of sign at existing intersection.
PT. LOT ~8 ~J
ROSERTO Z & T. ~..mme
C/O 5875 ',4CTORIA AVE.
5008 CENTRE
3-3-17
19.206
64 , ' 15.240
'PROP, HYDRANT
ASSEMBLY
'1 15.24
; ERAMIC
:UT ~'OP. TL STD.
;ROSS METAL TYPE 5
LIMIT OF
ST. CY--,, ~.~m o
qmllmlme \ MH '
o
IN Fr..RLO. I~)V
ROAD
CONSTRUCTION
PT. 2 PT. 2,3 &:
Gu 1 (NIAGARA LINENS) (SUPER SOUVENIR:
GUPTA SOUVENIRS LTD. (FAR EAST FASHIOr
THE ROYAL BANK OF CANADA 5731 MULER, L ,t- M
5733 3-3-140 5729-5725
3-3-141 3-3-139
c/o 4o,~
DORCHEbmu~ RD.
NIAC. FALLS
L2E 6MS
PILLARS
Fd.~
STOP
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NIAO. F~
L,qO 1S.8
'/,::'x: ' X'/(.
ip.
186.338 TO
186.362
186.481
PROP. TL SI'D.
5
The City of
Niagara Falls~
Canada
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
Adele Ken
Director
R-2000-57
August 21, 2000
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2000-57 - Actions Stemming from the Environmental
Planning and Greening Committee Meeting of July 17, 2000
RECOMMENDATION:
It is recommended that Council endorse the actions of the July 17, 2000 meeting of the
Environmental Planning & Greening Committee.
BACKGROUND:
The Environmental Planning & Greening Committee dealt with a couple of matters at a recent
meeting and they are highlighted as follows:
a) Request to Remove a Tree - 4099 Pettit Avenue
A request was made to remove a Sycamore Tree along the boulevard in front of 4099 Pettit Avenue
in order to accommodate a proposed driveway widening. The Committee agreed to support the
removal of the boulevard tree provided proof was obtained that a curb cut was to be performed and
the resident was to pay for a replacement tree as offered previously. This request for tree removal
brought about a need to develop an application for driveway widenings and curb cuts. The matter
of an application is being followed up with the Building Department for future requests.
b) Proposed Adopt A Trail Program - Friends of Haulage Road
A request was received from the Friends of Haulage Road Trail who wish to clean the Haulage Road
Trail on a regular basis. The Committee supported their request and the development of an Adopt
A Trail Program will be set up similar to the City's Adopt A Street Program.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
R-2000-57 - 2 -
Council's endorsement of the above, would be appreciated.
R. Bolibmck/das
Respectfully Submitted,
Alderman Paisley Janvary-Pool, Chair
Environmental Planning and Greening
Committee
V:X2000COUNCIL\000821\R-2000-57.wpd
ne City of
,liagara Falls
~anada
City Clerk's Department
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Tel: (905) 356-7521
Fax: (905) 356-9083
E-mail: wwagg@city.niagarafalls.on.ca
CD-2000-19
E.C. Wagg, CMO
City Clerk
August 21, 2000
His Worship Mayor Thomson
and Members of Municipal Council
City of Niagara Falls
Members:
RE: CD-2000-19
ADVANCE POLLS - 2000 MUNICIPAL ELECTION
RECOMMENDATION:
That Council pass a By-law appearing on this evening's agenda.
BACKGROUND:
Section 43 Subsection 1 of the Municipal Elections Act S .O. 1996 provides that Municipal Council shall pass
a by-law establishing at least one day for an advance vote and the hours for voting on that date.
Traditionally, the Municipal Elections Act had required two (2) advance polls and staff is recommending
that Council continue the practice, holding two advance polls on the Saturday and Wednesday immediately
preceding Election Day, and that the hours of these advance polls be 10:00 a.m. to 8:00 p .m., at the locations
indicated in the by-law.
Council's concurrence with this recommendation is respectfully.
Prepared by:
William Matson
Election Assistant
Resp~e_~_tfully submitted:
t/ ~
Edward P. Lustig
Chief Administrative Officer
Recommended by:
E.C. Wagg
City Clerk
Approved by:
Tony Ravenda
Executive Director of Corporate Services
WM/kc
Art. File: S:\ELECTION\Election 2000\Bylaws\reponadvpolls.wpd
ne City of
iiagara Falls
;anada
City Cierk's Department
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Tel: (905) 356-7521
Fax: (905) 356-9083
E-mail: wwagg@city.niagarafalls.on.ca
CD-2000-20
E.C. Wagg, CMO
City Clerk
August 21, 2000
His Worship Mayor Thomson
and Members of Municipal Council
City of Niagara Falls
Members:
RE: CD-2000-20
HOURS OF VOTING
RECOMMENDATION:
That Council pass a By-law appearing on this evening's agenda.
BACKGROUND:
The Municipal Elections Act S .O. 1996 allows for municipalities to set the hours of voting in the Municipal
Election. The hours set can be general as in municipality-wide or poll specific. Staff is recommending that,
except for the polls being held specifically for nursing homes and retirement homes, that the hours of voting
be set as they traditionally have been, from 10:00 a.m. - 8:00 p.m., as outlined in Schedule "A" to the bylaws.
In addition to the traditional voting places, staff plan to provide voting places for a limited period of time
at each of the retirement homes, nursing homes or chronic cam facilities that meet the requirements of the
Municipal Elections Act S.O. 1996. Those times and places are as outlined in Schedule "B" to the by-law.
Prepared by:
William Matson
Election Assistant
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommended by:
E.C. Wagg
City Clerk
Approved by:
x, Tony Ravenda
Executive Director of Corporate Services
Vv'IVl/kc
Art. File: S:\ELECTION\EIection 2000\BylawsXrcporthrsbl.wpd
Clerk's Department
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Phone: (905) 356-7521
Fax: (905) 356-9083
EC. Wagg, G.M.O.
City Clerk
August 21, 2000.
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Re: CD-2000-21 - Special Occasion Permits
RECOMMENDATIONS:
That Council indicate it has no objection to the issuance of Special Occasion Permits to the organizations
listed in this report.
BACKGROUND:
Correspondence has been submitted by the following organizations and has been reviewed and approved
by the Parks, Recreation & Culture; Building & Inspections Division; and the Fire Department. Council's
concurrence with the Recommendation is requested.
ORGANIZATION
First Niagara Oldtimers
First Niagara Oldtimers
EVENT
Three-Pitch Tournament
Annual Hardball
Tournament
DATE
August 25 - 27, 2000
Sept. 7 - 10, 2000
I LOCATION
Houek Park, Arthur St.
Oakes Park/
Chippawa Lions Park
Recommended by:
E.C. Wagg,
City Clerk
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Approved by:
~ Tony Ravenda
" Executive Director of Corporate Services
ECW:Iw
Legal Department
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-maih
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafalls.on.ca
August 21, 2000
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2000-62, Street Name Change
Part of Edgeworth Road to become Weinbrenner Road
Our File No.: 2000-145
RECOMMENDATION:
That Council authorize the name of part of Edgeworth Road, as shown shaded on the plan attached,
be changed to Weinbrenner Road.
REPORT:
On June 12, 2000 Council authorized Staff to proceed with changing the name of part of Edgeworth
Road to Weinbrenner Road. The subject road is shown shaded on the plan attached.
Various services, including local utility companies, Niagara District Ambulance Service, Niagara
Regional Police and Niagara Falls Fire Department have no objection to the street name change. In
accordance with the Municipal Act, notice of Council's intention to pass a by-law to change the
name was published in the Niagara Falls Review once a week for four consecutive weeks,
commencing July 22"a, 2000. Notice was also published in the August 5th issue of Niagara
Shopping News. The notice advised the public that any person who claims that he or she will be
adversely affected by the by-law may apply to be heard by Council. To date, no such applications
have been received.
Prepared by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
R.O. Kallio
City Solicitor
L-2000-62
V" City Solicitor.
R _e_s~ctful_Lly Su_~Ited:
~2
p/on
5~ 545
547
.LEGENO
BEARING NOTE
BEARIHGS ARE ASTRONOHIC ANn ARE REFERRED TO THI~
PLAN S9R-230/,, HAVIN~ A EEARING QF Ni5'0l,'E
B'tPERIAL NOTE:
Distances on this pt:n are in feet and can be
converted to moires bY multiplying by .3g~8
I
C:D
PART "
f-
IS.l*
PART
cu PLAN 59
t=-
Lhie:ify of jj
Legal uepartment
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-maih
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafalls.on.ca
I.~.u. I'~allio
City Solicitor
L-2000-63
August 21, 2000
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Fails, Ontario
Members:
L-2000-63, Release of Site Plan Agreement
2886 Stanley Avenue (at Church's Lane)
Our File No.: 2000-177
RECOMMENDATION:
That Council release Classic '59 Investments Inc. from a 1990 Site Plan Agreement registered on
title to the property formerly owned by Daniel and France Mowbray, and that the Mayor and Clerk
be authorized to execute any documents necessary for the purpose of releasing the parties and
terminating the said agreement, at no cost to the City.
REPORT:
A Site Plan Agreement, dated September 28, 1990, was registered as Instrument Number 594918
for the purpose of setting out the teims and conditions under which former owners, Daniel and
France Mowbray, should be pezmitted to construct a coin operated car wash on the subject lands.
A new site plan agreement was entered into to construct mini-storage warehousing on the same site.
As the car wash is part of the larger warehousing development and the terms and conditions of the
new agreement govern both the existing car wash and the proposed warehousing, the 1990
agreement is now redundant and no longer required. The owner agrees to pay for any costs incurred
by the City to prepare and register the release.
August 21, 2000 - 2 - L-2000-63
Staff agrees that a release of the 1990 agreement has no impact on the City' s control over the current
redevelopment of the property.
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
and ~,
Approved by:
Tony Ravenda,
//""Executive Director of Corporate Servid~s.
~~by:
City Solicitor.
Re_~.tfu/lly_y_y_~Su~j~t d:
Chief Administrative Officer.
Legal Department
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafalls.on,ca
R.O. Kallio
City Solicitor
L-2000-65
August 21, 2000
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2000-65, Erskine Agreement with the City
Building Permit - Testamentary Devise
Our File No.: 2000-209
RECOMMENDATION:
An Agreement dated July 27, 2000 between Mary Erskine and Robert James Erskine and the City
regarding application for a Building Pennit with respect to Part 10 on Reference Plan No. 59R-7428,
on the east side of Morris Road, be authorized.
REPORT:
Mary Erskine and Robert James Erskine are the owners of part of Lot 6 Concession 7 Township of
Crowland, being designated as Part 10 on Reference Plan No. 59R-7428 and shown in heavy outline
on the plan attached. The subject parcel was created under testamentary devise by the Last Will and
Testament of Helen Preston.
Pursuant to City policy, respecting lots created in this manner, any person or persons making
application to the City for a building permit is required to enter into an agreement with the City to
ensure that no building penztit would be issued until such time as certain requirements are met. The
Agreement not only binds the owner of the subject land but also their respective heirs, executors,
administrators, successors and assigns and assigns in title. In exchange for meeting the requirements
described in the Agreement, a building permit would be granted to the owner of the subject lands.
L-2000-65 August 21, 2000
Staff reviewed the request and has detennined that an agreement between the parties would be
appropriate to adequately protect the City.
Prepared by:
,
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
//~Tony Ravenda,
Executive Director of Corporate Services.
Recommended by:
R.O. Kallio,
City Solicitor.
Respectfully Submitted:
C)
/>
I.~IEi'JA;;,,'DER 0 F
I ,'. ,,., ': '<:H8
-I
I 15 9 '? '.;
~ OF' DECEr'4BER
:, BEARING NOT
o LEGEND
CAUTION
THIS PLAN IS NOT A i
WITHIN THE MEANIN(
Legal Department
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafalls .on .ca
R.O. Kallio
City Solicitor
L-2000-66
August 21, 2000
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2000-66
Niagara District Airport - Agreement
Our File No. 92CNF000.038
RECOMMENDATION:
That the attached Agreement among The Corporation of the Town of Niagara-on-the-Lake, The
Corporation of the City of St. Catharines, The Corporation of the City of Thorold and The
Corporation of the City of Niagara Falls relating to the operation of the Niagara District Airport,
be approved.
REPORT:
The Niagara District Airport is operated and maintained by the Niagara District Airport
Commission, which in turn is made up of representatives appointed by the cities of Niagara Falls,
St. Catharines, Thorold and the Town of Niagara.on.the. Lake. The Niagara District Airport is
located in.the Town of Niagara_on_the_Lake.
On December 31, 1999, the Agreement among the four municipalities was set to expire but all
the municipalities agreed to continue the said Agreement until such time as a new agreement
could be entered into.
A meeting was held in September, 1999 with the Niagara District Airport Commission and the
municipalities to hammer out the terms of a new agreement.
Pursuant to that meeting, the agreement has been significantly changed and the changes as well
as other terms are set out below:
The Niagara District Airport Commission will now be composed
of the following:
b)
c)
d)
-2-
One (1) elected Council member appointed by each of the
respective councils for a term of three years or less, which
term will coincide with the term of the Council.
Seven (7) additional members at large, consisting of three
from the City of St. Catharines, two from the City of
Niagara Falls, one from the City of Thorold and one from
the Town of Niagara-on-the-Lake. These appointments
shall be made by the respective Councils after considering
the recommendation of the Commission.
The Commission shall establish a Nominating Committee
who shall be responsible for reviewing a list ofcandidites
submitted by the municipalities.
The seven (7) additional members shall be appointed for a
term of three years or less.
The Nominating Committee shall be comprised of the Commission
Chairman, Past Chairman, and four Council members of the
Commission.
The Nominating Committee will interview the applicants and make
their recommendations of the proposed candidates to each of the
respective municipalities for their consideration.
Council shall not be required to appoint those recommended by the
Commission but are free to make other appointments.
The Niagara District Airport Commission will continue to control
and manage the Airport.
The annual budget of the Commission will be approved at its
November meeting and copies of the budget shall be submitted to
the four municipalities on or before November 30th in each year
for the respective Councils' consideration.
If the budget is objected to, it shall be referred back to the
Commission for further study, review and modification. In any
event, the budget will not be binding on an objecting party until
approved by that party.
Even though there may be an objection to the budget, each
municipality shall pay an amount equal to twenty-five per cent
(25%) of the last approved budget by January 1~t and a further
twenty-five per cent (25%) of the last approved budget no later
than April Ist .
-3-
On July 1st and October 1st, equal payments based on the most
recently approved budget, less the amounts already paid on January
1st and April Ist, will be paid to the Commission.
The cost of operating, maintaining and improving the Airport shall
be bome by the parties on a population ratio basis, which
population will be determined by information obtained by the
Regional Assessment Office. Each party shall pay its share of the
Commission's budget in quarterly installments.
As long as the Airport is operated as an airport and all the parties
provide funding as set out in the Agreement, all four municipalities
will share on a per capita basis in a distribution of assets that Nay
occur as a result of a sale of the Airport.
The Commission shall meet on the 3~d Thursday of every other
month. Other meetings may be called as necessary by the
Chairperson.
It is our understanding that should Council approve the said agreement, there will be a formal
signing ceremony at a later date.
Recommended by:
Ken Burden
Director of Finance.
Reco ed by:
City Solicitor.
Approved by:
T. Ravenda,
~Executive Director of Corporate Services
ROK:jm
Respectfully Submitted:
Edward P. Lustig,
Chief Administrative Officer.
THIS AGREEMENT made in triplicate the
day of
, 2000, and
BETWEEH:
THE CORPORATION OF THE CITY OF ST. CATHARINES
hereinafter called "St. Catharines"
of the FIRST PART
- and -
THE CORPORATION OF THE CITY OF NIAGARA FALLS
hereinafter called "Niagara Falls"
- and -
of the SECOND PART;
THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE
hereinafter called "Niagara-on-the-Lake"
of the THIRD PART;
of the FOURTH PART;
- and -
CORPORATION OF THE CITY OF IHOROLD
hereinafter called "Thorold"
WHEREAS pursuant to paragraph 10 of section 207 of the Municipal Act, being
R.S.O. lggO, c. M.q5 as amended, the Councils of any two or more municipalities
may enter into. an agreement for the establishment, operation, maintenance and
improvement of aerodromes in compliance with the Canadian Aviation Regulations
and for entrustlng the control and management of any aerodrome so established to
a Commission appointed by such Councils.
AND WHEREAS the Niagara District Airport Commission was established in the year
1959, and has operated the Niagara District Airport since that date under a lease
with the Ministry of Transport of Canada;
°2-
AND WHEREAS by agreement made on the first day of January, 1964, the existence
of the Niagara District Airport Commission was continued in accordance With the
terms and provisions of the said agreement and subsequently, by other agreements,
the most recent expiring on the 31st day of December, 19gg.
AND WHEREAS the parties hereto have deemed it advisable to continue to administer
and maintain the Niagara District Airport through the Niagara District Airport
Conmnission in compliance with the requirements of the Ministry of Transport and
has agreed to enter into this agreement for a term to expire on the 31st day of
December,' 2006;
AND WHEREAS ownership of the Niagara District Airport was transferred by the
Federal government to the ToWn of Niagara-on-the-Lake, Ontario on September 13,
lggG, providing the Town of Niagara-on-the-Lake continues to operate the said
premises as an airport.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises
and the covenants and agreements hereinafter contained and expressed, the
parties hereto covenant and agree, each with the other, as follows:
1. That there shall be continued an aerodreme hereinafter called an Airport
in the Town of Niagara-on-the-Lake, in the Regional Municipality of Niagara, to
be known as the Niagara District Airport.
2. That a Commission known as the Niagara District Airport Commission shall
be and it is hereby continued and shall be composed as follows:
a)
One (1) elected Council member appointed by each of the respective
councils of each of the parties hereto who shall be a member of the
Commission for a term of three years or for such lesser period as may be
determined by the appointing Council, which term shall coincide with the
term of municipal council.
b) Seven {7) additional members at large, consisting of three from the City
of St. Catharines, two from the City of Niagara Falls, one from the City
of Thorold, and one from the Town of Niagara-on-the-Lake. The appointment
of those additional members shall be made by the respective C~uncils after
considering the recommendation of the Commission.
The Commission shall establish a Nominating Committee who shall be
responsible for reviewing a list of candidates submitted by respective
clerks of each municipality pursuant to a process outlined herein. The
seven additional members shall be appointed for a term of three years by
Council of each .municipality unless for such lesser period as may be
determined by the appointing Council. The parties agree that the members
shall continue to hold office until their successors are appointed.
c) For the purposes of providing continuity, the Commission may recommend the
term of appointment to respective Councils, when submitting a list of
recommended additional members. The Commtssion's suggested term for the
appointment of recommended members shall ensure the necessary continuity
of experienced members on the Commission. Notwithstanding the three year
term, nothing shall prevent the reappointment of an existing member of the
Commission for subsequent or future terms.
d) The Nominating Committee shall be comprised of the Chairman of the
Commission, the Past Chairman and the four Council members of the
Commission. The process for determining prospective members of the
Commission shall be as follows:
t} Each Municipality will advertise in the local newspaper, and the
City Clerks will receive applications for open positions on the
Commission before the end of December.
lt) The City Clerk of each Municipality will forward the applications to
the Nominating Committee of the CoFa~ission. The Nominating Committee
will scrutinize the applications and determine a short list based on
the experience, expertise and overall beneficial participation on
the Commission.
ill) The Nominating Committee will interview the applicants on the short
list and present their recommendations to the Co~nission for
approval.
iv) The Commission will forward its recommendations of proposed
candidates to each of the respective municipalities for their
consideration in making the necessary appointments. Council shall
not be required to appoint those recommended by the Commission.
Appointment~ will be made by the appropriate Municipality.
3. That the control and management of the said Airport shall be and is hereby
entrusted to the Niagara District Airport Commission, herein called the
Commission. The Commission constituted in accordance with section 2 of this
agreement, is hereby appointed and shall for purposes of this agreement be deemed
to be appointed byall parties to this agreement. The Airport is to function as
a viable commercial entity under the direction of the Airport Commission, with
its primary purpose being meeting the needs of cor~nercial and corporate aviation
within the commercial service area of Niagara Region. In this role, the
Commission should provide land and facilities to attract aviation related
businesses to locate at the Airport, support local area industrial growth by
facilitating access by corporate aviation and encourage coranercial passengers and
freight air services to the extent that markets for these can be developed.
- 5 -
4. That the Comnission shall be required to present to the respective Councils
of each Municipal party, with a business plan setting out anticipated
improvements and operating results on a yearly basis together with their budget
as outlined herein.
5. That the Conmnlssion shall engage a manager and such other employees as may
be necessary for the proper operation and maintenance of the Airport .
6. That the officers of the Commission shall consist of a Chairman, a Vice
Chairman, a Secretary, a Treasurer and such other officers as the Commission may
deem necessary, from time to time.
7. That the Conmnission may appoint from its membership such committees as it
may consider advisable.
8. That the annual budget shall be approved by the Conmnission at its November
meeting and copies of the said budget shall be submitted to the Clerks of the
parties hereto on or before the 30th day of November, in each year, for
consideration by the respective Councils of the parties. If the budget is
objected to by one or more of the parties hereto, it shall be referred back to
the Commission for further study, review and modification. In any event, the
budget will not be binding on an objecting party until approv~d by that party.
Notwithstanding the foregoing, each of the parties hereto, shall in each
year during the term of this agreement, pay an amount equal to twenty-five (25~)
per cent of the last approved budget as approved by that party, by January 1st.
A further twenty-five per cent of the last approved budget by that party, shall
be paid to the Commission no later than April 1st. On July 1st and October 1st,
equal payments based on the most recently approved budget, less the amounts
already paid on January I and April 1, will be paid to the Commission by the
respective parties.
-6-
g. That the cost of operating, maintaining and improving the Airport shall be
borne by the parties hereto on a population ratio basis. Such population to be
determined by information obtained from the Regional Assessment Office of the
Province of Ontario, and each party shall pay its share of the Commission's
budget for the respective years covered by this agreement to the Treasurer of the
Commission in quarterly installments as provided in paragraph 8. In the event
that any of the parties hereto disputes the aforesaid determi~ition of the
population of any one or more of the municipalities in any year for the purpose
of this agreement, or in the event that such determination of the population
di frets from the population figures for Such year published in the Municipal
Di rectory, the Municipal Directory shall govern and all necessary adjustments
shall be made in the share to be paid by each party for such year.
10. Providing that as long as the Airport is operated as an airport and that
the parties hereto provide the funding as discussed herein, all four
municipalities will share on a per capita basis any distribution of assets that
may occur as a result of a sale of the Airport.
11. That the Commission shall appoint an auditor at the first meeting of the
Commission in each year and a copy of the auditor's statement shall be sent to
the Clerks of each of the party municipality forthwith after it has been
prepared.
12. That the Con~ission shall meet on the third Thursday of every other month
at the call of the Chairperson, commencing at February's annual meeting. Other
Commission meetings may be called as necessary by the Chairperson.
- 7-
13. This agreement shall supercede any previous agreement and unless renewed
or terminated by the parties hereto, the said agreement shall be binding on
successors and assigns and shall remain in effect until the 31st day of December,
2006.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective
corporate seals under the hands of their proper signing officers duly authorized
in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of: o
THE CORPORATION OF THE CITY OF
ST. CATMARINES
Mayor
Clerk
THE CORPORATION OF THE CITY OF
NIAGARA FALLS
Mayor
Clerk
THE CORPORATION OF THE TOWN OF
NIAGARA-OH-THE-LAKE
Mayor
Clerk
CORPORATION OF THE CITY OF THOROLD
Mayor
Clerk
Legal Department
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafalls .on.ca
R.O. Kallio
City Solicitor
L-2000-67
August 21, 2000
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2000-67, Establishment of Daylighting Triangles
As Public Highways - Russell Street and Robinson Street
Our File Nos.: 2000-135, 1997-141
RECOMMENDATION:
That the daylighting triangle at the comer of Russell Street and St. Patrick Avenue, described as Part
3 on Reference Plan No. 59R-11067, and the daylighting triangle, described as Part 1 on Reference
Plan No. 59R-9906, located at the intersection of Robinson Street and Grey Avenue, be established
as public highways to form part of Russell Street and Robinson Street, respectively.
REPORT:
As a condition of Land Division Committee Consent, Deborah Kirschner and Todd Kirschner
transferred a daylighting triangle to the City. The subject land is located at the comer of Russell
Street and St. Patrick Avenue and is shown hatched on the plan attached.
In 1997, Part 1 on Reference Plan No. 59R-9906 was conveyed to the City for the purpose of a
daylighting triangle. The subject land is shown cross-hatched on the plan attached.
Staff is recommending that the subject lands be dedicated as public highways to form part of Russell
Street and Robinson Street, respectively.
Prepared by:
Legal Assistant/Property Manager.
Recommended by:
City Solicitor.
Approved by:
Tony Ravenda,
//~Executive Director of Corporate Services.
Respectfully Submitted:
Edward P. Lustig,
Chief Administrative Officer.
PART AREA LOCATION
1 5175 sq. ft. Part of Lot 110.
Plan 6 & 7
2 8260 sq.fi. Part of Lots 109 & 110,
Plan 6 & 7
Part of Lot 110,
3 109 sq. fi. Plan 6 & 7
P.I,N.
ALL OF P.I.N.
64260-0085(LT)
(formerly Hunter Street by Plan)
Russell P,.642.0~,16 Street
N89'24'[ (Plan 6) N89'lO'W (Plan 7) ~B ot N.E. C~NER
(R~. d2 & ~os} (d~d d2 ~ ~t)
-- N88'52'W 1 b4.65'~ '
,/ ~P ~ ~ s . ~ ~ f~ ~89 ~ ~ N~52'W [me~s.)
L-~;".,~..~ ~,=,,~"'- ....
/ ~o ~P~T 1
/ ~ ~
PIN 642800086
-~" INST. NO. 742623
AND I~
No. 1157,
(plon ~'rneas.)
66.0'
N
O
PLAN
2 6
LOT 42
insfrurnenf no. 712101
ROBINSON
STREET ',~
L(
BEARING NOTE
BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO
THE NORTH LIMIT OF ROBINSON STREET AS SHOWN ON
PLAN 267° HAVING A BEARING OF NBT°OO'E
IMPERIAL NOTE
Disteni:es on thls olon ore in feet end can
i"-_/or
SURVEYOR'S CERTIFICATE
I CERTIFY THAT:
1. THIS SURVEY AND THIS PLAN ARE CORRECT AND If
ACCORDANCE WITH THE SURVEYS ACT, THE SURVEYOI
ACT, THE REGISTRY ACT AND TH~ RE(3tJL/rTIONS MADE
Utt:)ER THEM,
2. THE SURVEY WAS COMPLETED ON THE lit DAY OF
.E/~.Y ...... 1997.. ~~,~Uurvey~
DATE.- Mk.Y_.~e_J.9_~?____ KI
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Alderman
Seconded by Alderman
August 21, 2000
WHEREAS the City of Niagara Falls distributes and retails electricity through its Niagara Falls
Hydro Commission and successor companies;
AND WHEREAS the City and its Hydro Commission have not allowed a rate increase since
1993, despite the impacts of inflation and other economic factors;
AND WHEREAS the Hydro Commission has maintained quality service to a continuously
increasing number of customers with the same number of employees;
AND WHEREAS the Province has de-regulated the Ontario electrical market which would
allow private companies to enter the market;
AND WHEREAS in anticipation of the open market, the Province ordered mandatory
restructuring of Municipal Electrical Utilities by November 7, 2000;
AND WHEREAS the original proposal was to allow municipalities to either hold its local
utility or sell it;
AND WHEREAS the original proposal was to allow municipalities that retained their local
utility to decide whether to operate the utility as a for-profit or not-for-profit business;
AND WHEREAS the local Hydro Commission has spent over $500,000 to implement the
changes required by the Provincial Electricity Act, the Business Corporation Act and Energy Board Act;
-2-
AND WHEREAS the local changes were planned under the assumption that Niagara Falls
Hydro Inc. would be a for-profit operation;
AND WHEREAS Niagara Falls City Council approved a for-profit orientation which was
consistent with overall electric industry restructuring and was provided for by the Performance-Based
Regulation under the Ontario Energy Board's regulatory regime;
AND WHEREAS the new Hydro Corporation has submitted a request for a 3.7% rate increase
to pay new taxes to the Provincial Government for Ontario Hydro's debt;
AND WHEREAS the Hydro Corporation's request for a rate increase includes only L~% for
the city's entitlement as sole shareholder;
AND WHEREAS the City of Niagara Falls would accept no surplus payments from the Niagara
Falls Hydro until infrastructure improvements to the local distribution system have been performed;
AND WHEREAS Bill 100, "An Act to Promote Efficiency in the Municipal Electricity Sector
and to Protect Consumers from Unjustified .Rate Increases" will not allow any rate increase that results
from the servicing of debt (interest payments) or the sharing of profits (dividends on shareholdings) or
any rate increase that results from the transfer of assets from Niagara Falls Hydro Inc. to the City
through the transfer bylaw;
AND WHEREAS by introduction of Bill 100 the Province has effectively Changed their own
rules mid-way through the de-regulation process at great expense to our customers;
AND WHEREAS the Bill 100 legislation has put into doubt the financial stability of Niagara
Falls Hydro Inc. due to the restrictions on the payment of dividends and interest;
AND WHEREAS Bill 100 does not allow municipal owners to be treated in the same manner
as any Shareholder of an Ontario business corporation in that they are unable to receive a commercial
rate of retum on their investment;
AND WHEREAS the Bill 100 legislation provides for operating margins at Niagara Falls
Hydro Inc..which will be insufficient to provide any cushion for unexpected operating requirements
such as major environmental or weather related factors such as an ice storm as experienced a few years
ago in Eastern Ontario;
AND WHEREAS Bill 100 appears to favour the provincial utility Hydro One, in that Hydro
One was granted the lower cost of power than that of municipal electric utilities and Hydro One seems
to have a confidence concerning regulatory matters which are not shared by the distribution utilities,
thereby translating into an unfair advantage for Hydro One;
AND WHEREAS Bill 100 creates many potentially anti-competitive implications for the
Province's and Hydro One's dominance of the distribution sector;
-3-
AND WHEREAS the Bill 100 legislation may cause serious consequences to the newly
incorporated Hydro Company and the City as they must give careful consideration to a new set of
Provincial rules.
NOW THEREFORE BE IT RESOLVED that City Council resolves to object to the proposed
legislation and to petition the Ministry of Energy, Science and Technology to amend Bill 100, "An Act
to Promote Efficiency in the Municipal Electricity Sector and to Protect Consumers from Unjustified
Rate Increases";
AND FURTHER BE IT RESOLVED that the for-profit option originally proposed for local
electric utilities be retained or at least phased in.
AND the Seal of the Corporation be hereto affixed.
E.C. WAGG WAYNE THOMSON
CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by
Seconded by
August 21, 2000
BE IT RESOLVED that the Council of the Corporation of the City of Niagara
Falls hereby recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls"
Art and Craft Show being held on September 15, 16 and 17, 2000 and designates the event as
a "Community Festival" in Niagara Falls.
AND the Seal of the Corporation be hereto affixed.
E. C. WAGG WAYNE THOMSON
CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No. August 21, 2000
Moved by Alderman
Seconded by Aldecfaan
WHEREAS on February 18, 2000 a letter was sent by the Mayor' s Office to the Alcohol & Gaming
Commission of Ontario (AGCO) raising concems about the liquor licenee application for an
establishment named Elektrowerkz Caf~ located at 4439 Queen Street, Niagara Falls;
AND WHEREAS the municipal address for Elektrowerkz Caf~ was similar to the Anaconda Night
Club (formerly the Cell Block), which had run afoul with AGCO for liquor violations leading to a
revocation of their licenee;
AND WHEREAS there were concerns that the new establishment was merely a front for the old
management attempting to regain a liquor licenee;
AND WHEREAS the Downtown BIA had gone on record opposed to the issuance of the liquor
licenee for Elektrowerkz Caf~;
AND WHEREAS the Anaconda has been the site of many complaints to the police and criminal
charges have been laid on the premises;
THEREFORE BE IT RESOLVED that City Council formally oppose the issuance of a liquor
licenee to Elektrowerkz Caf~ or any renewal of liquor licences for the Anaconda (former Cell Block).
AND the Seal of the Corporation be hereto affixed.
E.C. WAGG WAYNE THOMSON
CITY CLERK MAYOR
CITY OF NIAGARA FALLS
By-law No. 2000-
A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY
OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. The attached text and schedule constituting Amendment No. 30 to the City of Niagar;~a Falls
Official Plan is hereby adopted.
2. That the Clerk is hereby authorized and directed to submit the amendment to The Regional
Municipality of Niagara for approval.
3. This By-law shall come into force and take effect on the day of final passing thereof.
Passed this day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading ,2000
Second Reading ,2000
Third Reading ,2000
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - Body of the Amendment, consisting of the
following text and attached map, constitute Amendment No. 30 to the Official Plan of the City of
Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1.
MAP CHANGE ~..
The "Subject Site", shown on the map attached hereto, entitled "Map 1 to Amendment No.
30", shall be redesignated from Residential to Tourist Commercial on Schedule "A" of the
Official Plan.
MAP 1 TO AMENDMENT NO. 30
SCHEDULE- A- TO THE OFFICIAl, PLAN
Area Affected by this Amendment
Proposed Change From: RESIDENTIAL
Proposed Change To: TOURIST COMMERCIAL
MEW BURN ROAD
THOL
REEN BOU
O iW OODII'
O
RING
CITY OF NIAGARA FALLS OFFICIAL PLAN
EXCERIvr FROM SCHEDULE - A - FUTURE LAND USE PLAN
Residential
Parkway Residential
Minor Commercial
Major Commercial
Tourist Commercial
Resort Commercial
Open Space
Industrial
Extractive Industrial
Niagara Escarpment Plan Area
Environmental Protection Areas
Good General Agricultural
Rural / Agricultural
Special Policy Area
AM-47/98
NOTE: This schedule forms part of Pancndmcnl No. 30 to the Official Plan for the City of Niagara Falls
StO~-gS~m.dmnts~Sa~U-47.ga,~ and it must be mad in conjunction with the written text. June 2000
CITY OF NIAGARA FALLS
By-law No. 2000 -
A by-law to authorize the execution of an agreement with respect to the operation of the Niagara
District Airport.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An agreement between The Corporation of the City of St. Catharines, The Corporation of
the Town of Niagara_on_the_Lake, The Corporation of the City of Thorold and The Corporation of
the City of Niagara Falls respecting the operation of the Niagara District Airport, subject to such
terms and conditions as set out in the agreement and an excerpt of the Condition of Agreement
attached hereto as Schedule "A", is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said agreement.
The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
agreement.
Passed this day of ,2000.
E.C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading: ,2000
Second Reading: ,2000
Third Reading: ,2000
THIS AGREEMENT made in triplicate the
day of
, 2000, and
BETWEEN:
THE CORPORATION OF THE CITY OF ST. CATHARINES
hereinafter called "St. Catharines"
of the FIRST PART
- and -
THE CORPORATION OF THE CITY OF NIAGARA FALLS
.hereinafter called "Niagara Falls"
- and -
of the SECOND PART;
THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE
hereinafter called "Niagara-on-the-Lake"
of the THIRD PART;
of the FOURTH PART;
- and -
CORPORATION OF THE CITY OF THOROLD
hereinafter called "Thorold"
WHEREAS pursuant to paragraph 10 of section 207 of the Municipal Act, being
R.S.O. lggo, c. M.45 as amended, the Councils of any two or more municipalities
may enter into an agreement for the establishment, operation, maintenance and
improvement of aerodremes in compliance with the Canadian Aviation Regulations
and for entrustlng the control and management of any aerodrome so established to
a Commission appointed by such Councils.
AND WHEREAS the Niagara District Airport Commission was established in the year
lg5g, and has operated the Niagara District Airport since that date under a lease
with the Ministry of Transport of Canada;
CITY OF NIAGARA FALLS
By-law No. 2000-
A by-law to provide for advance votes to be held prior to voting day.
WHEREAS Section 43(1) of the Municipal Elections Act, S.O. 1996 provides that a
municipal council shall pass a by-law establishing one or more dates for an advance vote, and the
hours during which voting places shall be open on that date or dates;
NOW THEREFORE, the Council of The Corporation of the City of Niagara Falls enacts as
follows:
An advance vote shall be held on the 4m day of November, 2000, between the hours
of 10:00 a.m. and 8:00 p.m., at the Optimist Club of Niagara Falls, 4751 Domhester
Road, Niagara Falls.
A second advance vote shall be held on the 8th day of November, 2000, between the
hours of 10:00 a.m. - 8:00 p.m., at the Optimist Club of Niagara Falls, 4751
Dorchester Road, Niagara Falls.
PASSED this day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading:
Second Reading:
Third Reading:
,2000.
,2000.
,2000.
CITY OF NIAGARA FALLS
By-law No. 2000-
A by-law to provide for hours of voting on election day and reduced hours of voting in institutions
and retirements homes.
WHEREAS Section 46(3) of the Municipal Elections Act, S.O. 1996 provides~'hat a
municipal council may pass a by-law with respect to reduced voting hours in voting places in
retirement homes or those institutions as defined in Section 45(7) of the said Act, where the voting
place is only for the use of the residents;
NOW THEREFORE, the Council of The Corporation of the City of Niagara Falls enacts as
follows:
Those voting places as shown in Schedule "A" attached hereto and forming part of
this by-law, shall be open between the hours of 10:00 a.m. and 8:00 p.m.
Those voting places as shown in Schedule "B" attached hereto, shall be open for
those hours as also detailed in Schedule "B".
PASSED this day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading: ,2000.
Second Reading: ,2000.
Third Reading: ,2000.
SCHEDULE "A" to By-law Number 2000-
VOTING PLACES TO BE OPEN BETWEEN THE HOURS OF
10:00 A.M. AND 8:00 P.M.
Voting Place #1
Christ Church
4750 Zimmerman Avenue
Voting Place #2
St. Pat~ek's Church Hall
4673 Victoria Avenue
Voting Place #3
Buckley Towers
4900 Buckley Avenue
Voting Place #4
Eventide Home
5050 Jepson Street
Voting Place #5
Niagara Falls Memorial Arena
5145 Centre Street
Voting Place #6
Niagara Falls Badminton & Tennis Club
5300 Wilmott Street
Voting Place #7
Fallsview Brethren Chumh
7189 Drummond Road
Voting Place #8
St. Thomas More Roman Catholic Church
6548 Domhester Road
Voting Place #9
Boys' and Girls' Club of Niagara
6681 Culp Street
Voting Place # 10
Niagara Falls Fire Fighters
Association
6493 Orchard Avenue
Voting Place #11
Cavendish ManOr
5781 Dunn Street
Voting Place # 12
St. Andrew's United Church
5645 Morrison Street
Voting Place #13
Lundy's Lane United Church
5825 Lowell Avenue
Voting Place # 14
Optimist Club
4751 Dorchester Road
Voting Place #15
Niagara Worship Centre
6846 Frederica Street
Voting Place #16
Greater Niagara General Hospital
5546 Portage Road
Voting Place #17
Our Lady of the Scapular Hall
6557 Thorold Stone Road
Recreational
Voting Place #18
Mitchelson Park - Soccer Club Building
3800 Springdale Avenue
Voting Place # 19
Stamford Lions Club Memorial Hall
3846 Portage Road
Voting Place #20
St. John's Anglican Church
3428 Portage Road
Voting Place #21
Greek Canadian Cultural Centre
2349 Portage Road
Voting Place #22
Niagara Falls Christian Fellowship Church
6970 Mountain Road
Voting Place #23
Fire Station #3
3401 Dorchester Road
Voting Place #24
Redeemer Bible Church
3017 Montrose Road
Voting Place #25
Shriner's Creek Cooperative Homes
7887 Thorold Stone Road
Voting Place #26
Greendale Public School
5504 Montrose Road
Voting Place #27
Ameri-Cana Resort & Conference Centre
8444 Lundy's Lane
Voting Place #28
St. George Serbian Orthodox Hall
6085 Montrose Road
Voting Place #29
Falls Place Co-op
6730 Kalar Road
Voting Place #30
Fire Station #2
7036 McLeod Road
Voting Place #31
Ecole Notre Dame
7374 Wilson Crescent
Voting Place #32
Chippawa Lion's Club
3970 Welland Street
Voting Place #33
Chippawa Willoughby Memorial Arena
9000 Sodom Road
Voting Place #34
Fire Station #5 (Willoughby Fire Hall)
11208 Sodom Road
SCHEDULE "B" to By-law Number 2000-
VOTING PLACES TO BE OPEN BETWEEN THE HOURS OF
Voting Place #1
Oakwood Park Lodge
6747 Oakwood Drive
Voting Place #2
Dorchester Manor
6350 Dorchester Road
Voting Place #3
Valley Park Lodge
6400 Valley Way
Voting Place #4
Queenston Place
6640 Valley Way
Voting Place #5
Lundy Manor
7860 Lundy's Lane
Voting Place #6
Greycliff Manor
8158 Lundy's Lane
Voting Place #7
Willoughby Manor
3584 Bridgewater Street
Voting Place #8
Chippawa Place
4118 Main Street
10:00 a.m. to 2:30 p.m.
3:30 p.m. to 8:00 p.m.
10:00 a.m. to 2:30 p.m.
3:30 p.m. to 8:00 p.m.
10:00 a.m. to 2:30 p.m.
3:30 p.m. to 8:00 p.m.
10:00 a.m. to 3:00 p.m.
4:00 p.m. to 8:00 p.m.
I
CITY OF NIAGARA FALLS
By-law No. 2000-
A by-law to amend By-law No. 79-200, as amended.
WHEREAS City Council adopted Official Plan Amendment No. 26 to ensure the creation of a high-
quality built form and urban environment in the City's tourist districts and to provide the opportunity
to approve zoning by-law amendments which permit increases in building heights in return for
improvements to the public realm as authorized by Section 37 of the Planning Act;
AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality
may, in a by-law passed under Section 34 of the Planning Act, authorize increases in the height or
density of development otherwise permitted by the by-law that will be permitted in return for the
provision of such facilities, services or matters as are set out in the by-law;
AND WHEREAS, Subsection 37(3) of the PlanningAct provides that, where an owner of land elects
to provide facilities, services or matters in retum for an increase in the height or density of
development, the municipality may require the owner to enter into one or more agreements with the
municipality dealing with the facilities, services or matters;
AND WHEREAS the owner of the lands hereinat~er referred to has elected to provide the facilities,
services and matters as are hereinafter set forth;
AND WHEREAS the increase in the height of development permitted hereunder, beyond that
otherwise permitted on the aforesaid lands by By-law No. 79-200, as amended, is to be permitted
in remm for the provision of facilities, services and matters set out in this by-law and to be secured
by one or more agreements between the owner of such lands and the Corporation of the City of
Niagara Falls (hereinafter referred to as the "City");
AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more
agreements dealing with certain facilities, services and matters in return for the increase in height
in connection with the aforesaid lands as permitted:
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. Sheet D4 of Schedule "A" to By-law No. 79-200, as amended, is further amended by
numbering 482 the land on the east side of Buchanan Avenue through to Clark Avenue, being Part
of Lots 21, 22, 26 and 27 and all of Lots 23, 24 and 25, according to Plan 173 of the former Village
of Niagara Falls, now known as Plan 266 in the City of Niagara Falls, in the Regional Municipality
of Niagara and now shown hatched and designated TC and numbered 482 on the plan Schedule 1
attached to and forming part of this by-law.
2. Notwithstanding subsections 8.6.2 (b), (d) (ii) and (g) of By-law No. 79-200, as amended, no
person shall use the land described in section 1 of this by-law and shown hatched on plan Schedule 1,
attached hereto, or erect or use any building or structure thereon for a hotel having a height more than
4 storeys, but not exceeding 10 storeys except in compliance with the following provisions and
regulations:
(a)
Maximum height of building
or structure and maximum
number of storeys
29 metres or 10 storeys, whichever is lesser,
subject to section 4.7 of By-law No. 79-200, as
amended.
(b)
Minimum yards for the hotel
building having a height more
than 4 storeys, but not exceeding
10 storeys.
Refer to plan Schedule 2 attached to and forming
part of this by-law. ~
(c)
Minimum landscaped open space
2 metre wide strip parallel to and along the
Buchanan Avenue road allowance save and
except for any driveways and/or buildings which
are constructed to the tiont lot lines.
6 metre wide strip parallel to and along the Clark
Avenue road allowance save and except for any
driveways.
3. The owner of the lands described in section 1 of this by-law is required, pursuant to subsection
37(3) of the Planning Act, to enter into one or more agreements with the City to secure the facilities,
services and matters referred to in section 4 of this by-law and such agreements are to be registered on
title.
4. The height of development permitted by section 2 of this by-law shall only be pem-dtted subject
to compliance with the conditions set out therein and in return for the provision by the owner or
occupant of the lands, described in section 1 of this by-law, providing the following facilities, services
or matters to the City, namely:
streetscape improvements to the street frontages adjoining the subject lands described
in section 1 of this by-law, inclusive but not necessarily limited to sidewalks, street
trees, street furniture, street lighting and landscaping, not covered by Development
Charges and 2 percent parkland dedication, as detailed in the City's Tourist Area
Streetscape Master Plan and in keeping with the City's Urban Design Standards; and
a building design approved by Council, as contained in the bonusing clause of the
agreement, which assists in adding a distinct and interesting feature to the City of
Niagara Falls skyline. The design shall include distinctive massing, and surface
articulation. A building facade which is exclusively mirrored shall be avoided.
3
5. No person shall use the land, erect or use any building or structure on the land within the area
described in section I of the by-law shown hatched on the said plan Schedule 1, attached hereto, unless
such municipal services as set out below are available to service the said land, building or structure:
(i) an adequate sanitary sewer system;
(ii) an adequate stotni sewer system;
(iii) an adequate water supply system; and
(iv) an adequate road system.
6. This by-law is passed pursuant to Section 24(2) of the Planning Act and shall not come into
effect prior to the date the required tourism policies in the City's Official Plan come into effect.
7. Section 19 of By-law No. 79-200, as mended, is further mended by adding the following:
19.1.482 Notwithstanding subsection 8.6.2 (b), (d) (ii) and (g) of By-law No. 79-200, as
mended, no person shall use the land on the east side of Buchanan Avenue
through to Clark Avenue, designated TC and numbered 482 on Sheet D4 of
Schedule "A" as mended, or erected or use any building or structure thereon
for a hotel having a height more than 4 storeys, but not exceeding 10 storeys,
except in compliance with By-law No. 2000-
Passed this day of ,2000.
E.C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading ,2000.
Second Reading ,2000.
Third Reading ,2000.
SCHEDULE I TO BY-LAW No. 2000 -
Subject Land
Robinson
r'
54.92 m ~ I~2,2~m~'
·
C
t-
//
'Amending Zoning By-law No. 79-200
Description: Part of Lots 21,22,26 and 27 and
All of Lots 23,24,and 25.
Plan 173, Village of Niagara Falls n.k.a. Plan 266
Now in the City of Niagara Falls
Regional Municipality of Niagara
Applicant: 757270 Ontario Limited c/o Reno Marcon
Planning & Developmere Department
AM-02/99 ':~'~
Schedule 2 to By-law No. 2000-
E
54.92 m
8.90 m
.7 55.98 m
84m
~"'55.98 m
~ · ~'---~'~ 0.22 m
41,15 m ~,\\ 13.72 m
\, 15.44m
Amending Zoning By-Law No. 79-200
Tower Component
/'Location "~
Maximum # of Storeys Maximum Height
Tower
O 10 Storeys 29 m
Part of Lots 21, 22, 26, and 27 and
All of Lots 23, 24, and 25
Plan 173, Village of Nigara Falls
n.k.a. Plan 266 Now in the City of
Niagara Falls Regional Municipality
of Niagara
planning & Development Department
$:'~tmng~AMS~19991AM0~-99'~Noti~e.~r,r
757270 Ontario Limited
c/o Reno Marcon
I:NTS
AM-02/99
CITY OF NIAGARA FALLS
By-law No. 2000-
A by-law to amend By-law No. 93-283, as amended, being a by-law to appoint a chief building official
and inspectors under the Building Code Act.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS
FOLLOWS:
Section 2 of the said By-law No. 93-283 is amended by adding the names of Robert Judge and
Sandro Elia and deleting the name of Ted Armstrong, therefor.
This by-law shall be deemed to have come into force on the day of passing.
Passed this 21st. day of August, 2000
E.C.WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading:
Second Reading:
Third Reading:
August 21, 2000
August 21, 2000
August 21, 2000
CITY OF NIAGARA FALLS
By-Law No. 2000-
A by-law to authorize the execution of a supplemental agreement with Canada Mortgage and
Housing Corporation respecting the Residential Rehabilitation Assistance Program (R.R.A.P.).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
A supplemental agreement effective June 30, 2000 terminating March 31, 2001
between Canada Mortgage and Housing Corporation, Hamilton Office and the
Corporation of the City of Niagara Falls, in the form attached hereto, providing for,
inter alia, the City to act as agent for Canada Mortgage and Housing Corporation in
the processing of loans for the repair, rehabilitation and improvement to family
housing units within the boundaries of the City of Niagara Falls, upon the terms and
conditions as set out therein, his hereby approved and authorized.
The Mayor and Clerk are hereby authorized to execute the said agreement and the
Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
supplemental agreement
Passed this
day of August ,2000.
E.C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading:
Second Reading:
Third Reading:
,2000
,2000
,2000
CITY OF NIAGARA FALLS
By-law No. 2000 -
A by-law to establish Part 3 on Reference Plan No. 59R-11067, as a public highway, to be known
as and to form part of Russell Street.
WHEREAS Section 297 of the Municipal Act, R.S.O. 1990, c. M. 45 provides, in part, that the
council of every municipality may pass by-laws for establishing and laying out highways;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it
expedient to pass this by-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. That the establishment by The Corporation of the City of Niagara Falls of part of
Lot 110 on Plan No. 6 and 7 in the City of Niagara Falls, in the Regional Municipality of Niagara,
designated as Part 3 on Reference Plan No. 59R-11067, for public highway purposes, is hereby
approved and authorized.
2. That said Part 3 on Reference Plan No. 59R-11067, is hereby established as a public
highway, to be known as and to form part of Russell Street.
Passed this day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading: ,2000.
Second Reading: ,2000.
Third Reading: ,2000.
CITY OF NIAGARA FALLS
By-law No. 2000 -
A by-law to establish Part 1 on Reference Plan No. 59R-9906, as a public highway, to be known as
and to form part of Robinson Street.
WHEREAS Section 297 of the Municipal Act, R.S.O. 1990, c. M. 45 provides, in part, that the
council of every municipality may pass by-laws for establishing and laying out highways;
AND WHEREAS The Council of The Corporation of the City of Niagara Falls now deems it
expedient to pass this by-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. That the establishment by The Corporation of the City of Niagara Falls of part Lot 42, Plan
No. 267, in the former Village now the City of Niagara Falls, in the Regional Municipality of
Niagara, designated as Part 1 on Reference Plan No. 59R-9906, for public highway purposes, is
hereby approved and authorized.
2. That said Part 1 on Reference Plan No. 59R-9906, is hereby established as a public
highway, to be known as and to fo,m part of Robinson Street.
Passed this day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading: ,2000.
Second Reading: ,2000.
Third Reading: ,2000.
CITY OF NIAGARA FALLS
By-law No. 2000 -
A by-law to authorize an Agreement, dated July 27, 2000, between Mary Erskine and Robert James
Erskine and The Corporation of the City of Niagara Falls regarding application for a Building
Permit.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS EN.A_CTS
AS FOLLOWS:
1. An Agreement, dated July 27, 2000, in the form attached hereto, between Mary Erskine and
Robert James Erskine and The Corporation of the City of Niagara Falls regarding application for a
Building Permit, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Agreement and the Clerk is
hereby authorized the affix the corporate seal thereto and to deliver such document.
Passed this day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading: ,2000.
Second Reading: ,2000.
Third Reading: ,2000.
THIS AGREEMENT made this 27'~ day of July, 2000.
BETWEEN:
MARY ERSKINE and
ROBERT JAMES ERSKINE
Heroinafter called the "Owner"
OF THE FIRST PAKT
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Heroinafter called the "City"
OF THE SECOND PART
WHEREAS the Mary Ersldne and Robert James Erskine are the owners of part Lot 6 Concession
7, in the former Township of Crowland, now in the City of Niagara Falls, in the Regional
Municipality of Niagara designated as Part 10 on Reference Plan No. 59R-7428, hereinafter referred
to as the "said lands";
AND WHEREAS the said lands were created under testamentary devise by the Last Will and
Testament of Helen Preston, deceased;
AND VerlEREAS any person or persons making application to the City for a building permit to
build on the said lands are required to enter into an agreement with the City for the purposes set out
heroin;
NOW THEREFORE THIS AGREEMENT W1TNESSETH that in consideration of the issuance
of a building permit, the Owner hereby covenants and agrees with the City as follows:
1. The Owner shall provide the City with a valid transfer/deed registered on title to the said
lands.
2. The Owner shall provide the City with a letter of clearance from the Regional Health
Services Department indicating the said lands can be serviced by private water supply and
sewage disposal facilities.
3. The Owner shall provide the City with a letter of clearance from the Niagara Peninsula
Conservation Authority indicating that there is sufficient land associated with the said lands
(1 acre) properly situated outside the flood plain for a dwelling and septic system.
4. The Owner shall provide the City With a letter of clearance from The Regional Municipality
of Niagara indicating that the said lands comply with the Regional Policy Plan, specifically
with respect to the Minimum Distance Separation Formula of the Agricultural Code of
Practice or a distance of 1,000 feet, whichever is greater, between building lots and livestock
operations.
5. The Owner shall pay the current Development Charges of the City.
-2-
10.
I1.
If applicable, the Owner shall pay the current Development Charges of The Regional
Municipality of Niagara.
The Owner releases the City from any obligation to provide urban municipal services, such
as sewers, municipal water and parks, to or for the benefit of the said lands.
The City agrees to issue to the Owner a building permit for the said lands within one year
from the date of this agreement subject to the Owner satisfying the above requirements and
subject to any changes respecting the said lands by any other authority having jurisdiction.
This agreement shall enure to the benefit of and shall be binding upon the parties hemto their
respective heirs, executors, administrators, successors and assigns and succe~ors in title.
The Owner acknowledges and agrees that the City may register this Agreement on title
against the said lands.
Wherever the singular or masculine is used in this agreement they shall be construed as if the
plural or feminine or the neuter has been used where the context or the party or parties so
require, and the rest of the sentence shall be construed as if the grammatical and
terminological changes thereby rendered necessary had been made and all covenants herein
contained shall be construed to be several as well as joint.
IN WITNESS WHEREOF the City has hereunto affixed its corporate seal duly attested by the
hands of the proper signing officers in that behalf and the said signing officers certify that they have
the authority to bind the corporation and the Owner hereunto sets their hands and seal.
In the presence of
ROBERT SAM~S EP, SKn'~
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Name: Wayne Thomson
Title: Mayor
Name: E.C. Wagg
Title: City Clerk
CITY OF NIAGARA FALLS
By-law No. 2000 -
A by-law to authorize a Release of a Site Plan Agreement registered in 1990 as Instrument No.
594918 on the title to property now owned by Classic '59 Investments Inc..
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The issuance of a Release to Classic '59 Investments Inc., the present owner of the property
described in the following Instrument, for the purpose of releasing the said owner from the
requirements and provisions of the Site Plan Agreement registered in 1990 as Instrument No.
594918, at no cost to the City, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute all documents that may be required
for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix
the corporate seal thereto and to deliver such documents.
Passed this day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading: ,2000.
Second Reading: ,2000.
Third Reading: ,2000.
CITY OF NIAGARA FALLS
By-law No. 2000 -
A by-law to change the name of part of Edgeworth Road designated as Parts 1 and 2 on Reference
Plan No. 59R-11122, to be known as and to form part of Weinbrenner Road.
WHEREAS Section 111 of the Municipal Act, R.S.O. 1990, provides, in part, that the council of
every municipality may pass by-laws for the changing of names of highways;
AND WHEREAS in accordance with Section 300 of the Municipal Act, R.S.O. 1990, notice of
Council's intention to pass this by-law has been duly published once a week for four successive
weeks in the Niagara Falls Review;
AND WHEREAS The Council of The Corporation of the City of Niagara Falls now deems it
expedient to pass this by-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
That The Corporation of the City of Niagara Falls change the name of part of Edgeworth
Road designated as Parts 1 and 2 on Reference Plan No. 59R-11122, in the City of Niagara
Falls, in the Regional Municipality of Niagara, to be known as and to forth part of
Weinbrenner Road, is hereby approved and authorized..
This by-law shall not take effect until a certified copy of this by-law has been registered in
the Registry Office for the Land Titles Division of Niagara South.
Passed this day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading:
Second Reading:
Third Reading:
,2000.
,2000.
,2000.
CITY OF NIAGARA FALLS
By-law No. 2000-
A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY
OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. The attached text and schedule constituting Amendment No. 31 to the City of Niagar~Falls
Official Plan is hereby adopted.
2. That the Clerk is hereby authorized and directed to submit the amendment to The Regional
Municipality of Niagara for approval.
3. This By-law shall come into force and take effect on the day of final passing thereof.
Passed this day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading ,2000
Second Reading ,2000
Third Reading ,2000
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - Body of the Amendment, consisting of the
following text and attached map, constitute Amendment No. 3 1 to the Official Plan of the City of
Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is herebyamended as follows:
1. MAPCHANGE
The "Subject Site", shown on the map attached hereto, entitled "Map 1 to Amendment No.
3 1 ", shall be redesignated from Tourist Commercial to Residential on Schedule "A" of the
Official Plan.
I
MAP 1 TO AMENDMENT NO. 31
SCHEDULE- A- TO THE OFFICIAL PLAN
Area Affected by this Amendment
Proposed Change From: TOURIST COMMERCIAL
Proposed Change To: RESIDENTIAL
[2223
["'1 Parkway Residential
F"'] Minor Commercial
~ Major Commercial
.-.."'
I .... .""
..
,,.,,;" I;
.1':,
_Sdbject Lands
TOrehard Grove Cres. 1
(//~vvooclsv Cres.
O ~ > O
n,' > ':[
~ < o
rn lit
CITY OF NIAGARA FALLS OFFICIAL PLAN
EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN
Residential
Tourist Commercial
Resort Commercial
Open Space
NO FE: This schedule fonns part of Amendment No. 00 to the Official Plan for the City of Niagara Falls
and it must be read in conjunction with the written text
Ethel Street
Industrial
Extractive Industrial
Niagara Escarpment Plan Area
Environmental Protection Areas
Good General Agricultural
Rural / Agricultural
Special Policy Area
AM-24/00
July 2000
CITY OF NIAGARA FALLS
By-law No. 2000 -
A by-law to authorize the execution of an Agreement with Centennial Construction and Contracting
(Niagara) Inc. respecting road reconstruction on Collins Drive and Toby Crescent.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An Agreement dated the 21st day of August, 2000 between Centennial Constmcti~Tt and
Contracting (Niagara) Inc. and The Corporation of the City of Niagara Falls respecting road
reconstruction on Collins Drive and Toby Crescent, at a cost of $558,636.30, subject to such terms
and conditions as set out in the agreement and an excerpt of the first page attached hereto as
Schedule "A" is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
agreement.
Passed this day of ,2000.
E.C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR
First Reading: ,2000
Second Reading: ,2000
Third Reading: ,2000
SCHEDULE "A"
COLLINS DRIVE & TOBY CRESCENT ROAD RECONSTRUCTION
CONTRACT NO. 2000-187-00
THIS AGREEMENT made in quadruplicate the 21st day of August, A.D. 2000.
BETWEEN:
CENTENNIAL CONSTRUCTION AND CONTRACTING
(NIAGARA) INC.
Hereinafter called the "Contractor",
of the FIRST PART;
- and -
THE CORPORATION OF THE CITY OF NIAGARA FALLS,
Hereinafter called the "Corporation ",
of the SECOND PART.
WHEREAS the Corporation has awarded to the Contractor the contract for the supply of all labour,
materials and equipment necessary for the installation of underground services and road
rehabilitation on:
Collins Drive from Drummond Road to southeast limit
Toby Crescent from Collins Drive to Collins Drive
in the City'of Niagara Falls, in accordance with the drawings, specifications, general conditions of
the contract and other documents and papers listed in paragraph 4 of this agreement (all of such
drawings, specifications, general conditions of the contract and other documents and papers herein
referred to as the "contract documents"), copies of which are hereto attached, the Contractor having
put in a tender therefor, a copy of which is hemto annexed, which said tender has been accepted by
the Council of the Corporation;
CITY OF NIAGARA FALLS
By-law No. 2000 -
A by-law to authorize the execution of an agreement with Condotta Construction Limited respecting
2000 Watermain Replacement Program.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An agreement dated the 21st day of August, 2000 between Condotta Construction Liinited
and The Corporation of the City of Niagara Falls respecting Stanley Avenue watermain replacement
program, at a cost of $576,606.55, subject to such temis and conditions as set out in the agreement
and an excerpt of the first page attached hereto as Schedule "A", is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
agreement.
Passed this day of ,2000.
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading: ,2000
Second Reading: ,2000.
Third Reading: ,2000.
SCHEDULE "A'
2000 WATERMAIN REPLACEMENT PROGRAM
CONTRACT NO. 00-190-00
THIS AGREEMENT made in quadruplicate the 21st day of August, A.D. 2000.
BETWEEN:
CONDOTTA CONSTRUCTION LIMITED
Hereinafter called the "Contractor",
of the FIRST PART;
THE CORPORATION OF THE CITY OF NIAGARA FALLS,
Hereinafier called the "Corporation",
of the SECOND PART.
WHEREAS the Corporation has awarded to the Contractor the contract for the provision of all
labour, materials and equipment necessary for the abandonment and installation ofwatermain on:
North Street from Stanley to MeRae
Buchanan Street from McRae to Stamford
Stanley Avenue from Valley Way to McRae
Chippawa Parkway from Daly to Thomaswithin the limits of the City of Niagara Falls, in
accordance'with the drawings, specifications, general conditions of the contract and other documents
and papers listed in paragraph 4 of this agreement (all of such drawings, specifications, general
conditions of the contract and other documents and papers herein referred to as the "contract
documents"), copies of which are hereto attached, the Contractor having put in a tender therefor, a
copy of which is hereto annexed, which said tender has been accepted by the Council of the
Corporation;