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2007/11/13 - MunicipalCouncil Information *for period ended November 13, 2007* *Municipal* 1. Case for Two Casinos 2. Downtown B.I.A. Chair 3. Notice: Beaverdams Ditching 4. Notice: Garner Southwest Servicing 5. Notice: Zoning Application for 5205 Fourth Avenue 6. Notice: Council Refusal of Rezoning, 2799 St. Paul Avenue 7. OMB Appeal: 4043 Kalar Raod (Somebuddy's) 8. OMB Appeal: Cytec Canada 9. O.M.B. Decision: 7800 Charnwood 10. O.M.B. Appeal: Helias Enterprises 11. Varmints 12. Crosswalk at Greycliffe Manor 13. No Parking at Econo Fair Variety 14. Optimist Club Signs 15. Dog on Bonnie Street 16. 4434 Leader Lane 17. Maid of the Mist Complaint 18. Robert Deacon Brooks Letter 19. Thanks to Canada Day Committee 20. Thank You from Edna Cook 21. Thank You from Sertoma Club 22. Arts & Culture Committee Minutes 23. Boys & Girls Club Bonspiel -Feb. 2nd G ~ ~ ~ Cit Hall ~ ; 4310 Queen Street -~ ` Mayor Ted Salci ~ y~`~ ~'(/~j( P.O. Box 1023 Niagara Falls, ON L2E 6X5 i web site: www.niagarafalls.ca .~ (905) 356-7521 Ext. 4201 Fax: (905) 374-3557 tsalci@niagarafalls.ca October 22, 2007 Dalton McGuinty, Premier Legislative Building Queen's Park Toronto, ON M7A 1 A 1 Dear Premier McGuinty: Please accept our sincere thanks for your commitment to keep two casinos in Niagara Falls. In a meeting of October 15, 2007, our Council resolved to thank you, along with Minister Bradley, Minister Caplan and M.P.P. Kim Craitor for your commitment to the jobs and the continued economic sustenance that the operation of two casinos in our City brings to people in Ontario. As you know, this commitment first and foremost benefits families, those who depend on stable employment at these two operations. Committing to keep two casinos in Niagara Falls also serves to strengthen the tourism environment in Ontario, and keeps people coming to visit. The supplementary business and employment that two casinos generate are imperative to the continued vibrant economy in Niagara. Your involvement in this important decision for our community and the Province of Ontario, is much appreciated. Please accept our heartfelt thanks, on behalf of the residents of our City. We all look forward to hearing of a swift and successful negotiation of the terms that will keep two casinos in Niagara Falls for the long- term. Sincerely, ~~ R.T. (Ted) Salci Mayor cc. Dean Iorfida, City Clerk RTS/ cc Mayor Ted Salci ,~ ~p~ ,?~ i (`elT.,:': ~ ':~:~. ~ ~~;' ~~:- City Hall ,~,. ~~•~ 4310 Queen Street P.O. Box 1023 ~.. ~' '~~~(~ Niagara Falls, ON L2E 6X5 °` web site: www.niagarafalls.ca ~~' ~ ~ (905) 356-7521 Ext. 4201 Fax: (905) 374-3557 tsalci@niagarafalls.ca October 22, 2007 Honourable Jim Bradley Minister of Tourism Hearst Block, 9`h Floor 900 Bav Street Toronto, ON M7A 2E 1 Dear Minister Bradley: Please accept our sincere thanks for your commitment to keep two casinos in Niagara Falls. In a meeting of October 15, 2007, our Council resolved to thank you, along with Premier McGuinty, Minister Caplan and M.P.P. Kim Craitor for your commitment to the jobs and the continued economic sustenance that the operation of two casinos in our City brings to people in Ontario. As you know, this commitment first and foremost benefits families, those who depend on stable employment at these two operations. Committing to keep two casinos in Niagara Falls also serves to strengthen the tourism environment in Ontario, and keeps people coming to visit. The supplementary business and employment that two casinos generate are imperative to the continued vibrant economy in Niagara. Your involvement in this important decision for our community and the Province of Ontario, is much appreciated. Please accept our heartfelt thanks, on behalf of the residents of our City. We all look forward to hearing of a swift and successful negotiation of the terms that will keep two casinos in Niagara Falls for the long- term. Sincerely, ~~~ R.T. (Ted) Salci Mayor cc. Dean Iorfida, City Clerk RTS/ cc ,~~~ City Hall ~~'u~ 4310 Queen Street ~' Mayor Ted Salci ~... ~~~ ~`~~~(~ P.O. Box 1023 Niagara Falls, ON L2E 6X5 I' '~ ~ ~~~~;;II p' ~~ web site: www.niagarafalls.ca ~ G~ V, ~I ~ (905) 356-7521 Ext. 4201 Fax: (905) 374-3557 tsalci@niagarafalls.ca October 22, 2007 Honourable David Caplan, Minister, Public Infrastructure and Renewal 6`h Floor Mowat Block 900 Bay Street Toronto, ON M7A 1 L2 Minister Caplan: Please accept our sincere thanks for your commitment to keep two casinos in Niagara Falls. In a meeting of October 15, 2007, our Council resolved to thank you, along with Premier McGuinty, Minister Bradley and M.P.P. Kim Craitor for your commitment to the jobs and the continued economic sustenance that the operation of two casinos in our City brings to people in Ontario. As you know, this commitment first and foremost benefits families, those who depend on stable employment at these two operations. Committing to keep two casinos in Niagara Falls also serves to strengthen the tourism environment in Ontario, and keeps people coming to visit. The supplementary business and employment that two casinos generate are imperative to the continued successful, vibrant economy in Niagara. Your involvement in this important decision for our community and the Province of Ontario, is much appreciated. Please accept our heartfelt thanks, on behalf of the residents of our City. We all look forward to hearing of a swift and successful negotiation of the terms that will keep two casinos in Niagara Falls for the long- term. Sincerely, _----~ ~ ~.~ R.T. (Ted) Salci Mayor ~+ cc. Dean Iorfida, City Clerk RTS/ cc t=i3~~.,1°'~ °; ~~i:~r~~~' ~~_! ~', City Hall ~~ 4310 Queen Street P.O. Box 1023 Mayor Ted Salci ~.. ~~~ l~~j~ Niagara Falls ON L2E 6X5 ~I web site: www.niagarafalls.ca ~ h~,, ~' (905) 356-7521 Ext. 4201 Fax: (905) 374-3557 tsalci@niagarafalls.ca October 22, 2007 Kim Craitor, MPP, Niagara Falls 3930 Montrose Road, Unit 8 Niagara Falls, ON L2H 3C9 Dear Kim: I am pleased to write on behalf of Members of Council and the citizens of Niagara Falls to thank you for your efforts to help secure the Provincial Government's commitment to keep two casinos in Niagara Falls. During our meeting of October 15, 2007, our Council resolved to write a letter of thanks to you, Minister Caplan, Minister Bradley and Premier McGuinty for your commitment to keep two casinos open and operating in our City. Your work, guidance and direction on the "Committee to Save Two Casinos" has certainly been most appreciated. More than that, your dedication to this task for the residents of our City has been integral in securing this commitment. Again, our heartfelt thanks for your efforts to help solidify this long-term investment for the City of Niagara Falls and the people throughout our Region who rely on the jobs and economic generation that two casinos provide. Sincerely, ~c~ R.T. (Ted) Salci Mayor ~` cc. Dean Iorfida, City Clerk RTS/ cc Mayor Ted Salci q~ P~"" ""N nl ~j LFNk~~~ if fL'~nl',f _ ~._ III III - City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca (905) 356-7521 Ext. 4201 Fax: (905) 374-3557 tsalci@niagarafalls.ca October 22, 2007 Peter Partington, Chair Niagara Region 2201 St. David's Road P.O. Box 1042 Thorold, ON L2V 4T7 Dear Chair Partington: By a resolution made on October 15, 2007 by the Niagara Falls City Council, I am writing to respectfully request the Region's participation in thanking Premier McGuinty, the Honourable David Caplan, Minister of Public Infrastructure and Renewal, the Honourable Jim Bradley, Minister of Tourism, along with Niagara Falls M.P.P. Kim Craitor for their commitment to keep two casinos in Niagara Falls. "The Committee to Save Two Casinos" worked with government officials to ensure their commitment to keep both casinos open and operating in our City. On October 2, 2007, while in Niagara, Premier McGuinty announced his commitment to keep both casinos open in Niagara Falls. As you well know, this commitment first and foremost benefits families, those who depend on stable employment at these two operations. Committing to keep tv~~o casinos in Niagara Falls also serves to strengthen the tourism environment in the Region and in the Province, and keeps people coming to visit. The supplementary business and employment that two casinos generate are imperative to the continued vibrant economy in the entire Region of Niagara. The Council of Niagara Falls respectfully asks that the Region of Niagara would join them in writing to thank the above mentioned Provincial officials for this very important commitment for our residents. Sincerely, 1~~ ~~ R.T. (Ted) Salci Mayor cc. Dean Iorfida, Clerk, City of Niagara Falls RTS! cc Ministry of Public ' Infrastructure Renewal Minister 6'h Floor, Mowat Bfock 900 Bay Street Toronto ON M7A 1 L2 Tel: 416 325-0424 Fax: 416 325-3013 www.ontario.ca/pir Ministers du Renouvellement de ('infrastructure publique Ministre 6e stage, edifice Mowat 900, rue Bay Toronto ON M7A 1 L2 Tel.: 416 325-0424 Telec : 416 325-3013 www.ontario.ca/pir ~/® Ontario PI R2063MG-200.7-233 CONY Ms. Anna Fierce Executive Director Niagara Falls Tourism 5400 Robinson Street Niagara Falls, Ontario L2G 2A6 Dear Ms. Pierce: /~. a~ c' October 15, 2007 11 ~ ~ ~~~E NOV ~:~ ~ 2007 ~~YOR`S OFHGE ,~ N ~~ ~ 5 ~. Thank you for writing tome about the tourism and economic deve opment impact of two casinos operating in Niagara Falls. l appreciate knowing your organization's perspective on these vital matters. I recently met with Mayor Ted. Salci, as well as representatives from Fails- Management Company and the Niagara Falls business community, to discuss the importance of two casinos to Niagara Falls. In addition, I asked Ontario Lottery and Gaming (OLG) to give significant consideration to the broader economic development opportunities that may exist under along-term two casino strategy. On September 28, 2007_- as you are no doubt aware - OLG signed a framework agreement with Canadian Niagara Hotels Inc. that includes key principles for negotiating a Casino Niagara-lease extension. OLG recognizes that the Niagara casinos are an important economic engine for the Niagara Falls region and an important part of the gaming industry in Ontario. The provincial government is also committed to helping maintain Niagara Falls' competitive advantage in attracting visitors and supporting economic growth. You will recall - and I am pleased to reiterate here -the 2007 Ontario budget announcement to provide the City. of Niagara .Falls with $35 million to assist with the development of a 230,000-square-foot conference and convention facility. This major investment in tourism infrastructure will contribute to the economic development of the community and support your objectives to revitalize the city. ... / 2 -2- You can be sure the province continues to seek opportunities to further partner with the City of Niagara Falls and Niagara Region to support investments. in Niagara, including those in the gaming and tourism industries. Again, thank you for writing. Yours sincerely, David Caplan Minister c: The Honourable Dalton McGuinty Premier of Ontario The Honourable Jim Bradley Minister of Tourism ~"~ The Honourable George Smitherman Minister of Health and Long-Term Care Mr. Kim Craitor is Worship Ted Salci Mayor of Niagara Falls t ..sr ~n.~.:~. z..__s ~~,Yisr mil ~'~ ~ .. _ . 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Box 1023 Niagara Falls, ON L2E 6X5 Attention: Dean lorfida, City Clerk Re: The Case for Two Casinos I acknowledge receipt of your correspondence regarding the above noted subject and wish to advise that, in accordance with our present policy, your correspondence was forwarded to the Members of West Lincoln Council for their review. There was no specific request by a Member of Council for this item to be placed on a Committee agenda for support or endorsement, therefore, according to Township policy; no further action will be taken. Yours truly, i c~,~~-~..e~. G.L~-°rn..~ Joanne Scime Deputy Clerk JMS/ns U:\Clerk's Dept\Miscellaneous\Resolutions &Proclamations\Resolutions\2007 letters\Letter to the City of Niagara Falls.doc ~]ia~ ~raFal Board of Management NovE~mber 13, 2007 Tel.: (905) 354-0606 P.O. Box 5, Main S~fon ° `. ,, Fax: (905) 354-5541 Niagara Falls, Ontario bia@niagarafallsdowntown.com L2E 6S8 www.niagarafallsdowntown.com Mr. Clean lorfida, Clerk City ~~f Niagara Falls 431 C Queen Street Box 1023 Niag sra Falls, Ontario L2E 6X5 Dear Dean: At th' November 8 meeting of The Downtown Board of Management FayAnn Guilk~eault informed the members of her resignation as Chairman. The 3oard selected Ulrike Gross to replace her as Chairman. Yours truly, ~r Dorothy Duncan Adm nistrator Downtown Niagara Fails: Where Friends Make the Difference .... ;~ F t i . _ ~ Tel.: (905) 354-0606 P.O. Box 5, Main Station Fax: (905) 354-5541 Niagara Falls, Ontario bia@niagarafallsdowntown.com L2E 6S8 www.niagarafallsdowntown.com Octob ~r 19, 2007 Mr. D can Iorfida, Clerk City o f Niagara Falls 4310 ~ queen Street P.O.1=pox 1023, Niaga °a Falls, ON L2E 6X5 Dear l/Ir. Iorfida: The Downtown Board of Management is assisting in the forming of a not for profit event marketing organization "Celebrate Old Downtown Corp." to be the catalyst that will help stimulate overall community redevelopment. Activities will be designed to profile the Downtown and the Niagara Region. This will appeal to tourists and local residents as an area tl gat is "culturally and recreationally rich" thereby stimulating economic growth in the arc sa. The events are meant to be "family fun" and so the target audience will include famili ~s and individuals from the Niagara Region, Ontario and throughout Canada. We believe that this will contribute significantly to the quality of life and the future of the downtown core. As wi :h any corporation, directors and officers are required. The Downtown Board of Manaement would appreciate your assistance by passing this invitation to participate to Councillors and Staff and asking those that interested to please respond by October 31. Since ely, 1' CIZ~ n~iian Downtown Niagara Fails: Where Friends Make the Difference Board of Management _ ,.._ _. ~, i~~.~;~~~alls CANADA NOTICE TO RESIDENTS BEAVERDAMS ROAD DITCHING PROJECT As a result of the extreme storm on July 19, 2007, the Niagara Falls City Council has directed its Municipal Works department staff to implement both short and long term solutions designed to mitigate the impacts of flooding to those properties on Beaverdams Road during major rainfall events. Staff will be initiating a sanitary sewer separation project for this area in the Spring/Summer of 2008 to determine the best solution to the removal of stormwater from the sewage collection system. As a short term measure, staff is planning to clear out the roadside ditches and replace undersized or nonstandard culverts at driveway entrances to ensure that roadside surface drainage can be adequately contained and conveyed to a proper outlet downstream. These works will involve some minor inconvenience for a couple of weeks until the project is complete. If you have any questions or concerns, please contact this office at your convenience. Thanks for your cooperation and patience. Geoff Holman, C.E.T. Director of Municipal Works City of Niagara Falls 4310 Queen Street -City Hall 905-356-7521 ext. 4219 gholman@niagarafalls. ca ~•~ ~. ~ . N~iagara~alls cAn~~nn October 31, 2007 Dear Householder. /Business: Re: City Contract 2007-193-07 Garner Southwest Servicing Gravity Sewers and Watermains This contract encompasses the provisions of all labour, materials and equipment for the installation of a new sanitary sewer, watermain, water and sanitary services and the restoration of all disturbed areas on: Kalar Road North from McLeod Road to Brown Road Brown Road. from Kalar Road North. to Kalar Road South: Ralar Road South from Brown Road to Chippaiva Creek Road Chippawa Creek Road from Kalar Road to Montrose Road This contract will be carried out for the City of Niagara Falls by Y. Gibbons Contracting Ltd. at a tendered construction cast of $2,699,690.02. Total Estimated Project Costs: Awarded- Contract $2,699,690.02 Funding For This Project: Garner South Sewer Area -Garner/Southwest $2, 699, 690.02 Construction is tentatively scheduled to begin on November 19, 2007 and will be continuous until completion; likely July 18, 2008 weather permitting. Due to .the scope of the -work involved,. driveway accessibility may be affected during construction. Every effort will be made to give you notice in advance should this occur. At times there may be some inconvenience to you. during the construction period and I ,respectfully request your patience and co-operation during this period. If we disturb your property during the construction, we or our Contractor will carry out the necessary repairs as quickly as possible. With respect to sod restoration, please be advised that the City's Contractor will water the sodded areas immediately after placement. To ensure proper root growth, the property owner is requested to continue to water the newly sodded areas after the initial watering by the City's Contractor. C mmunity Services Department M nicipal Works Working Together to Serve Our Community tk X227 Fax 905-356-6460 yt@niagarafalls.ca ~ ~ ~.. -2- "- w r. The Contractor will be installing a temporary detour during. the installation of the sanitary se e . One lane of traffic will be maintained for local and emergency vehicles. . If you: have an irrigation system on'City property; .you must spray paint, white paint only, or stake out the location of your irngation.system within 6 metres of the roadway. Only irrigation systems, " which Have been correctly located by the property owner and are damaged by the contractor will be • repaired. The property owner will be respo~isib~e far repairs to any irrigation system on Cityproperty that is: damaged -which has not beenlocatEd previously by the owner. - •The Constracti~on Inspector will' advise` you at the beginning of the project if any of your ~decorati~re oil landscaping 'items _(shrutis,.-.hedges;,fences; etc.)- are on .City property .and are conflicting with the proposed works. It is'requested that the property owners removelrelocate ..these conflicts that would otherwise . be damaged, destroyed or removed and not replaced by . ~ the City to acconirnodate the .proposed works: • • ~ Prior to' construction, a representative from C.L Inspection9 will lie contacting property owners to arrange for an' inspection ~ of the interior and exterior of their building: The- purpose of .this " inspection is to determine and • doeumen~t the. extent of any cracking or other damage that exists `prior . to the commencement .of construction : This information can -then be used to determine the extent of"the contractor's responsibility in the unlikely event that damages to your property ~?ccur during construction. . ~ Should you have any questions .concerning this work please .feel free to call me or the project Manager listed below: ~ ~ - Mr. prank Tassone Project Manager 905-356-7521 .ext. 4217 .. ~. Thank you for your co-operation., • . _ .... Yours very truly, .., ~ Tom Kuchyt, C.E.T. - . , . _. M . ~ Project /Construction anager .. Extension 6227 -S:\l. Capital and Cwrerit Projects\2007_Contracts\2007-193-07.Gain:er Southwest Gravity Sewers and Wa[ermain\Construction on your street notice.wpd - - - - __.__ ~~,~, 1oTOTICL ®F APPLICATIQN & PUBLIC 1VILETII~G 1 ~ 1 ~ ~l.l'~ ~;~~I.~.~ 5205 Fourth Avenue (Roll ~ 2725-020-011-0320x) 5138 Rosedale .Drive Roll # 2725-020-011-06300) Zoning By-la4v Amendment Application City File: A1VI-2612007 - I-Iarold & Alma Barnes, Agent -Ann Ellis PROPOSED CHANGE An application to rezone a portion of land known a 5205 Fourth Avenue from Residential Single Famil and Two Family Zone with site specific provisions 678 (R2-678) to the standard Residential Singl Family and Two Family Zone (R2). Schedule 1 shows the details of the development. DAVE 1'OIiJR SAS' Input on all planning applications is welcomed and encouraged. You can provide input by speaking at the public meeting or making a written submission. PUBLIC 1VIEE~ING Date: November 26, 2007 'l'ime: 7:00 P1VI Place: City of Niagara Falls Council Chambers, City hall 4310 Queen Street ~VRIT'I'EN SIJBIVIISSION ~. ~_:~~ iS NOSd3C 1S NOSd3C ^~ _ r.. I ~ ~ f ; } , ~, i 1111 ; '1 ' [p ~~ c~ _~. I..---~~ 5138 Rosed e ~ ~-- ~. _ ~ 7 ~ i~ f i ~ Drive i f _____ ._ Q ; 1= ' f ~_ E -_ -, { F-- ~ --- _-----~ ~. i a ~ ~ -, i 1 ' ! ~---~ Subject ~ , ~ ;~ i f ~ ~ ! f t ~ , ~W( EI Lands ~i I ! _)__ L -~ ~ -'~- ~ ~ _, Lk! E {~{~~~'~~1~ r~ 5205 Fourth __"~~~ I ~y,~ ~~~ ~~ 1 _"" ti T'°~ ~ ~ ~ t i ~ E t1E ~ i.. Avenue j ~ ~ ! ( ~ i ~~ ~~ ~ ~~ ~ ~._._.. 1 Q I_._-_°----:_._ ~ ~ ~ ~ ~~N~~ ~ ~____.~-~LL -- --( .. ~~ ~ ~ ~ f-- f~ ~ _-, ~ w ~_t ~----- ---} ~ ~ ~ , , L y _,., _~ r ~ _-- , -- _ i 15 ..v.. To provide input in writing, or request notiee if the proposed Zoning 13y-law amendment is approved, please submit a letter to the Director ofPlanning & Development, City Ilan, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 prior to November 13, 2007. IYIORE INFORIVIATION For more information please contact Anamika Dilwaria, Planner 2, at (905)356-7521, extension 4246 or visit the Planning and Development Division, second floor, City Ilan, between the hours of 8:30 a.m. and 4:30 p.m. A copy of the Planning and Development Division's Recommendation Report on the application will be available after 4:00 p.m. on November 20, 2007. Note This sketch is NOT a Plan of Survey. ROSE DALE (rase,,, w,a 1 DRjyE (rzrem xid (NV,wcrvAC RoA~) I 73.72 LOT o 88 - M `~~" I - - LOT 87 O ~- ~~ a, a4a I: N ~- I P,, ~-~- - - ~ - - - ~ M ~ PLAN N ~ 326 ~~~'~~ LOT 8g ~ ' P~ I \ ..~y ~ ~ ~ - - - - - - _ n , O~~ p; ~ LOT g5 ~/ ~ 7.85 ^i ~ ~'~ ~ O ~ Part of 50.29 , Z `' ° slot '- o^, 'A" ° LOT Q J 84 M ~ _L PLAN 5.87 7.85 310 73.77 ~ ~ 1 21.56 ~ T f ~/U ~ V I ~\ P I / s/r 12 /~~ 51Y !3R/CK ~N/LO/N~ / I ~~ ~ .. ... 1 o r srr. .'ssrr. m PLAN I' ~17 n E 3lf / I a O O O I O ~O I ~ I O J J J J J J I I I I~ ~ s 38.58 y7 ~CRl~ri (2D.12m ride) 4~j'~~y~j' (MUN/GPA( ROAD) SKETCH FOR LAND DIVISION PURPOSES ONLY LOTS 145, 146 & 147, PLAN 307, N LOT 84 & PART OF BLOCK 'A', " - ~~`- E PLAN 310 AND LOT 41, PLAN 326 City of Niagara Falls REGIONAL MUNICIPALITY OF NIAGARA MATTHEWS, QAMERON, HEYWOOD -KERRY T. HOWE SURVEI1NG LIMITED 10 0 70 20 30 NE7RE5 1:500 2007 ~` E ,r~ ~ o , 3 °e n a m ~ ~ G1jo6sL18000.382491981781dwg130178-LDC.dwg LDC MET 11x17 Aug 03, 2007233pm dan i BRIDGE STREET ~ ~P1 '~ MORRISON STREET VALLEY ROSE-DALE DR. yy/B.LCT LINOS ~ i McRAE STREET r N HWY 420 (ROBERTS STJ City of Niagara Falls NOT TO SCALE METRIC NOTE DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING 8Y 0.3048 i AU_G_U_ST_ 3, 2_0_07_._ ----- -------- DATE ANDREW CAMERON Ontario Land Surveyor MATTHEWS, CAMERON, HEYWOOD ~ KERRY TI HOWE SURVEYING LTD, 5233 SIonH, Arplw - Un0 +1, Xiagoro Falls, Onlado t1E 7C2 Pbona(905~58-JIi9S Faz(905)35E-612{ 98 Churrh SMwI, St. CaPoafiws, Onlodo t1R 3C8 %wna(905)687-3300 ,...... cn.. n.ry. yo,.. a. 'awn DH Checked AC LLN. - 88778 File Ottnched °S 8 , IN THE MATTER OF an application (AM-41 /2006) to amend the City's Official Plan and Zoning By-law and the requirements of Ontario Regulations 543/06 and 545/06 for giving notice in accordance with Sections 22(6.6) and 34(10.9) of the Planning Act. I, Alex Herlovitch, Director of Planning and Development of the Corporation of the City of Niagara Falls, do solemnly declare: That notice of refusal to amend the City of Niagara Falls Official Plan and Zoning By-law No. 79-200 was given in accordance with the Regulations by prepaid first class mail on Friday, October 19, 2007, to the applicant, all persons and public bodies who filed a written request to be notified of a refusal, the Director of Planning and Development of the Regional Municipality of Niagara, and to certain other persons and authorities, all as listed on the attached sheets and marked as Exhibit "A" to this solemn declaration. SWORN before me at the City of Niagara Falls in the Regional Municipality ) ~I~ ~~fi ~~.~C- ALEX HERLOVITCH of Niagara ) this 23rd day of October, 2007 (A Commissi ner of Oaths, etc.) Susan Alice Jean Scerbo a Commissioner, etc., Regional Municipality of Niagara, for The Corporation of the City of Niagara Falls. Expires March 17, 2009. S:~ZONINGWMS~2006~Am-41 Affidavit-Refusal.wpd NOTICE OF REFUSAL TO AMEND THE CITY OF NIAGARA FALLS ZONING BY-LAW NO. 79-200 PURSUANT TO THE PROVISIONS OF THE PLANNING ACT 9,,< City File :1111--11/Z(1(~16;:27y9,F,5t. ('aul :~~~ciiue - . ~w~ ~~. TAKE NOTICE that the Council of the Corporation of the City of Niagara Falls made a decision to refuse the requested amendment detailed below on the 15th day of October, 2007. PURPOSE AND EFFECT OF THE AMENDMENT The purpose and effect of the requested amendment is to permit a 4 storey, 14 metre (46 foot) high apartment building containing 47 units. EXPLANATION OF REFUSAL Council considered the requested amendment at a public meeting on October 15, 2007. Council refused the requested amendment after considering staff's report, agency comments, public comments and a presentation from the applicant. APPEAL TO THE ONTARIO MUNICIPA ~~ ~~ ~~~ ~~ ~~ ~~ - RULL ST N <L~ e V s ~n ~ (.. 1NIS ~.~~~ L BOARD A person or public body that requested an amendment to a zoning by-law may appeal the refusal of the requested amendment by filing a notice of appeal with the Clerk of the City of Niagara Falls accompanied by the fee required by the Ontario Municipal Board and the reasons for the appeal. The decision of the Council of the Corporation of the City of Niagara Falls is final if a notice of appeal is not received. This notice is not a statutory notice, but has been sent as a courtesy to the applicant to advise of an option. Dated at the City of Niagara Falls this 19th day of October, 2007. Alex Herlovitch Director of Planning & Development for the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 S:~ZONING~AMS12006Wm-411Notice of Refusal to amend the City of Niagara Falls Official Plan and Zoning By-law.wpd c ~ ~, .:,.BARRISTERS & SOC1(~11-0RS - ~- ~•°~' • `. ' November 8r", 2007 TO WHOM IT MAY CONCERN Case No. PL070779 1546867 Ontario Inc. and 1251483 Ontario Inc. (Anthony Vacca) has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the City of Niagara Falls to redesignate lands known municipally as 4043 Kalar Road from "Good General Agricultural" to "Site Specific Good General Agricultural" and a "Special Policy Area" be added to the Official Plan O.M.B. File No. 0070152 1546867 Ontario Inc. and 1251483 Ontario Inc. (Anthony Vacca) has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, C. p. 13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 79-200 of the City of Niagara Falls to permit the use of the dwelling on 4043 Kalar Road for office and storage purposes and the surrounding lands as a parking lot in conjunction with the neighbourhood plaza on lands known municipally as 8278 Thorold Stone Road O.M.B. File No. 2070106 In accordance with the directions of the Ontario Municipal Board, we enclose herewith the following documents: 1. Appointment for Hearing appointing Thursday, the 10th day of January, 2008, at the hour of 10:30 forenoon (local time) in the forenoon at the Council Chambers, Municipal Building, City of Niagara Falls, 4310 Queen Street, Niagara Falls, Ontario for the commencement of this matter; 2. 3. 4. 5. Rules 61 to 65 of the Board's Rules of Practice and Procedure; Proposed City of Niagara Falls Zoning By-law Amendment; Explanatory Note showing the existing Zoning and the purpose and effect of the proposed zoning by-law amendment; Explanatory Note showing the nature of the proposed official plan or plan amendments; Sullivan Mahoney LLP, Barristers & Solicitors 40 Queen Street, P.O. Box 1360, St. Catharines, Ontario L2R 622 Telephone: 905.688.6655, Facsimile: 905.688.5814 _ 4781 Portage Road, Niagara Falls, Ontario L2E 6B] Telephone: 905.357.0500, Facsimile: 905.357.0501 wwwsulliean-mahoney.com \'. F. Mura[ori, Q.C. P. B. Bedard T. A. Richardson Y. M. Sheehan R". B. McKaig J. Dalla] D. A. Goslin J. M. Gotfli R. B. Culliton ]. R. Bush P. A. Mahoney B. A. Macdonald M. J. Bonomi G. W. McCann S. J. Premi C. D'Angelo R. Vacca T. U,'all K. A. Book B. 1. Troup S. Macltay M. F. ].escak N. L. Padmaiu C. ). Bittle P. H. Lawrence J. P. Maloney S. E. Wells Of Counsel (Commerciallaw): M.D. Kriluck Yours very tn~ly, SULLI~V N, MAHONEY LLP Per: ~t . , /s I~OCCO Vacca RV:rhh Enclosures Ontario Municipal Board 655 Bay St Suite 1500 Toronto, ON M5G 1 E5 Tel (416) 326-6800 Toll Free: 1-866-887-8820 Fax (416) 326-5370 www.om b.gov.on.ca Commission des affaires municipales de ('Ontario 655 rue Bay Bureau 1500 Toronto, ON M5G 1 E5 Tel (416) 326-6800 Sans Frais: 1-866-887-8820 Telec (416) 326-5370 www.omb.gov.on.ca ~, ~7®l~ Ontario PL070779 1546867 Ontario Inc. and 1251483 Ontario Inc. (Anthony Vacca) has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the City of Niagara Falls to redesignate lands known municipally as 4043 Kalar Road from "Good General Agricultural" to "Site Specific Good General Agricultural" and a "Special Policy Area" be added to the Official Plan OMB File No.0070152 1546867 Ontario Inc. and 1251483 Ontario Inc. (Anthony Vacca) has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended; from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 79-200 of the City of Niagara Falls to permit the use of the dwelling on 4043 Kalar Road for office and storage purposes and the surrounding lands as a parking lot in conjunction with the neighbourhood plaza on lands known municipally as 8278 Thorold Stone Road OMB File No.Z070106 APPOINTMENT FOR HEARING The Ontario Municipal Board hereby appoints Thursday, January 10th, 2008, at 10:30 forenoon at the Council Chambers, Municipal Building, 4310 Queen Street, Niagara Falls, Ontario for the commencement of the hearing of this appeal. The Board has set aside two (2) days for this hearing. All parties and participants should attend at the start of the hearing at the time and date indicated, irrespective of the number of days scheduled. Hearing dates are firm -adjournments will not be granted except in the most serious circumstances, and only in accordance with the Board's Rules on Adjournments. If you do not attend and are not represented at this hearing, the Board may proceed in your absence and you will not be entitled to any further notice of the proceedings. In the event the decision is reserved, persons taking part in the hearing and wishing a copy of the decision. may request a copy from the presiding Board member or, in writing, from the Board. Such decision will be mailed to you when available. Pour recevoir des services en fran~ais, veuillez communiquer avec la Division des audiences au (416) 326-6800, au moins 20 fours civils avant la date fixee pour /'audience. DATED at Toronto, this 23rd day of October, 2007. PATRICK HENNESSY SECRETARY ONTARIO MUNICIPAL BOARD RULES ON ADJOURNMENT Comments on Adjournments of Proceedings (Rules 61 to 65 below); The Board will not often grant adjournments (later dates) for hearings or other proceedings. Parties and the Board spend time and money in giving notice, preparing and travelling for hearing events, and this is wasted if they are cancelled at the last minute. if the request is presented at the last moment, the Board may refuse the adjournment and proceed with the hearing. lf, on the other hand, settlement discussions are reasonably nearing completion, the Board may agree to a delay. The main consideration is whether an adjournment is necessary to permif a fair hearing, versus the cost of any delay for all parties. Hiring a lawyer or planner shortly before a hearing, for example, is not a reason for an adjournment. Parties should. prepare for a hearing shortly after the appeal is submitted. They should not wait until notice of hearing is sent. Performance standards required for tribunals mean that the Board is setting hearing dates earlier than in the past. If a matter is adjourned, the Board will pick a new date- for it to proceed unless there is a good reason to leave it undecided (e.g, it is dependent upon a decision of a court). 61. Hearina Dates Fixed Hearing events will take place on the date set unless the Board agrees to an adjournment (later date). 62. Requests for Adiournment if All Parties Consent and if all of the parties agree, they may make a written request to postpone a hearing event. The request must include the reasons, a suggested new date and the signed consents of all parties. However, the Board may require that the parties attend in person to argue for an adjournment, even if all of the parties consent. 63. Requests for Adiournment Without Consent If a party consulted objects to an adjournment request, the party requesting the adjournment must bring a motion under Rule 34 at least 10 days before the date set for the hearing event. If the reason for an adjournment arises less than 10 days before (see Rule 64), the party must give notice of the request to the Board and to the other parties, and serve their motion materials as-soon as possible. If the Board refuses to consider a request made late, any motion for adjournment must be made in person at the beginning of the hearing event. 64. Emeraencies Onlv The Board will grant last minute adjournments only for unavoidable emergencies, such as illnesses so close to the hearing date that another representative or witnesses cannot be obtained. The Board must be informed of these emergencies as soon as possible. 65. Powers of the Board upon Adiournment Request The Board may, a. grant the request; b. grant the request and fix a new date; or where appropriate, the Board will schedule a prehearing conference about the status of the matter; c. grant a shorter adjournment than requested; d. deny the request, even if all parties have consented; e. direct that the hearing proceed as scheduled but with a different witness, or evidence on another issue; f. grant an indefinite adjournment, if the request is made by the applicant or proponent and is accepted by the Board as reasonable, and the Board finds no substantial prejudice to the other parties or to the Board's schedule. In this case the applicant or proponent must make a request that the hearing be rescheduled; g. convert the scheduled date to a mediation or prehearing conference; or make any other appropriate order. h. make any other appropriate order. June 03, 2004 CITY OF NIAGARA FALLS By-law No. 2008-XX A by-law to amend By-law No. 79-200, to permit the use of the dwelling on 4043 Kalar Road for office and storage purposes and the land surrounding it as a parking lot, in conjunction with the neighbourhood plaza on 8278 .Thorold Stone Road. THE. COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B3 of Schedule A. to By-law No. 79-200 is amended by redesignating from NC to site specific NC in part and from A in part to site specif c-NC, the land on the south side of Thorold Stone Road, west of Kalar Road an the land on the west side .of Kalar Road, south of Thorold Stone Road, being Part of Township Lot 81, as in 80314335, except Part 2, Plan 5.988527 and Part of Township Lot 81, being Part 1 on Plan 59813263, all in the former Township of Stamford, now in the City ofNiagara Falls, in the Regiorial Municipality of Niagara and shown hatched and designated NC and numbered on the plan Schedule 1; attached to and forming part of this by-law. 2. Notwithstanding the provisions of sections 8.1.1 and 8.1.2 of By-law No. 79200, no person shall use the land described in section 1 of this by-law and shown hatched and designated NC and numbered on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of a neighbourhood plaza and associated office; storage and parking uses: (a) (b) (e) (d) Regulations for the purpose of determining compliance with clauses (b) through to and including (m) of this section of this by-law.and all other provisions ofZoning By-law No. 79-200, all the land described ~in section 1 of this by-law and shown hatched and .designated NC and ' numbered on the plan Schedule 1 attached hereto, shall be considered one lot ` Minimum lot area the whole of the land shown hatched and designated NC and numbered on the plan Schedule 1 attached hereto Minimum front yard depth 23:6 m from centerline of Thorold Stone Road Minimum rear yard depth 2.5 m (e) Minimum exterior side yard width 15.1 m from centerline of Kalar Road -2- 7. (f) Maximum coverage in commercial use (g) Minimum number of parkirig spaces (h) Parking and access requirements (i). Accessory buildings and accessory structures (j) Minimum landscaped open space (k) Minimum vegetated buffer ' (i) Along south property boundary (ii) Along west property boundary (iii) Between Garbage bin enclosure and west property boundary 735. sq m 55 in accordance with section 4.19.1 of By- law No. 79-200 in accordance with sections 4.13 and 4.14 of By-law No. 79-200 9 % of the lot area 4.5 rn 1.5 rn 3.0 rn (1) Close-Board Type Fences in accordance with section 4.17.1 of By- law No. 79-200 (m) Additional regulations for commercial in accordance with section 8.1:2 of By- uses law No. 79-200. Section 19 of By-law No. 79-200 is amended by adding thereto to the following:. 19.1. Notwithstanding the provisions of sections 8.1.1 and 8.1.2 of By-law No. 79- 200, no person shall use the land described in section 1 ofthis by-law and-shown hatched and designated NC and numbered on the plan Schedule 1 attached hereto, or erect or.use any building or structure thereon, except for the purpose of a neighbourhood plaza. and associated office, storage and parking uses, and except incompliance with By-law No.-2007- -3- Passed this day of , 2p08. DEAN IORFIDA, CITY CLERK First Reading: , 2008 Second Reading: , 2008 Third Reading: , 2008 R. T. (TED) SALCI, MAYOR SCHEDULE 1 TO BY-LAW N0.2008-XX Site-Specific NC ~,C~%11L~ 7Nt~~aLC~ ~'CQ~~ ~.~ Amending the City of Niagara Falls Zoning By-Law No. 79-200 Location: 8278 Thorold Stone Road 4043 Kalar Road Applicant: Anthony Vacca NTS ~~~-~ lT ~.~.~.~a,alls c ~rrnn~a PLANNING ACT NOTICE AND EXPLANATORY NOTE OF THE PASSING OF ZONING BY-LAW N0.2008 - CITY FILE: AM-12/2007 THE CORPORATION OF THE CITY OF NIAGARA FALLS TAKE NOTICE that the Counoil of The Corporation of the City of Niagara Falls passed By-law No.2008- ori the _th day of . , 2008, under Section 34 of The Planning. Act. The purpose of By-law No. 20.08- is to change the zoning of the land on Thorold Stone .Road, west of Kalar Road.(8278 Thorold Stone Road) and the Landon Kalar Road, south of Thorold Stone Road from Neighbourhood Commercial (NC) to a site specific Neighbourhood Commercial- (NC). The by-law wil! permit the existing neighbourhood commercial plaza located at 8278 Thorold Stone Road, on-site parking areas and the use of fihe former dwelling for accessory and storage uses. The by-law restricts the size of the' plaza and- restaurant to the existing size (735 sq m). Please see the map on the back of this notice to locate the subject property. By-law No.2008- is in conformity with the City of Niagara Falls Official-Plan and is not the subj ect of an amendment to the Official Plan. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the by-law by filing"with the Clerk of The Corporation of the City of Niagara Falls not later than the day of , 2008, a Notice of Appeal setting out the objection to the by-law and the xeasons in support of the objection, together with the Ontario Municipal Board filing fee of $125.00 in the form of a certified cheque or money order, made payable to the Ontario Municipal Board. The Planning Act provides that only individuals, corporations -and public- bodies may appeal a Zoning By-law to the Ontario Municipal Board. A Notice. of Appeal .may not be filed by an unincorporated association or group. However, a Notice of Appeal may be filed in the name of the inidividual who .is a member of the association or the group on their behalf.. . Notice.of Appeal, including the filing fee, must.be submitted by the date set out above in order to constitute a valid Appeal: Failure to submit a complete Notice of Appeal or the fee of $125.00 or both, on or before the date set out above will result in an incomplete Appeal application and will not be processed further. A copy ofthe by-law is available in Planning and Development, City.Hall, between the hours of 8:30 a.m. and 4:30 p.m., if you wish to review it.. Dated at the City of Niagara Falls this day of , 2008. Alex Herlovitch Director of Planning & Development for the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~ ~sY ^ ~, . X.. - N~.~..~~.~.1 Ct1NAUA PLANNING ACT NOTICE OF THE ADOPTION OF OFFICIAL PLAN AMENDMENT NO. XX THE CORPORATION OF THE CITY OF NIAGARA .FALLS TAKE NOTICE that the Council of the Corporation of the City of Niagara Falls passed By-law No. 2008-XXX on the XXth day of _, 2008, under Section 17 of the Planning Act, which provided for the adoption of Official Plan Amendment No. XX. The purpose of the amendment is to redesignate. the subject land from' Good General Agricultural, to site specific Good General Agricultural and to add a special policy to PART 2, SECTION 14 - SPECIALPOLICY AREAS to guide the minor expansion ~of an existing commercial development consisting of office and storage use of an existing dwelling and 24 parking spaces associated with the commercial plaza located.at 8278 Thorold Stone Road. A copy of the amendment is available in Planning and Development, City Mall for public.inspection Monday through Friday between the hours of 8:30 a.m. and 4:30 p.m. Dated at the City of Niagara Falls this XXth day of , 2008. Alex Herlovitch Director of Planning & Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E'6X5 FILE:S:IOFFICIAL.PT,N~AMEND\#72 -Urban ExpansibnWOTICE_72.wpd CITY OF NIAGARA FALLS By-law No: 2008 - 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 map constituting Amendment No. _ to the City of Niagara Falls Official Plan is hereby adopted. 2. This by-law shall come into force and take effect on the day of final passing thereof. Passed this day of , 2008. ............. DEAN IORFIDA, CITY CLERK First Reading: , 2008 ~-- Second Reading: , 2008 . Third Reading: . , 2008 ....................................... R. T. (TED) SALCI, MAYOR OFFICIAL.PLAN AMENDMENT NO. XX PART 1 -PREAMBLE I) Purpose of the Amendment The purpose. of this amendment is to: ^ Redesignate the subject land from Good General Agricultural, to site specific Good General Agricultural and to add a special policy to PART 2, SECTION 14 -SPECIAL POLICY AREAS to guide the minor expansion of an existing commercial development consisting of office and storage use in an existing dwelling and 24 parking spaces associated with the commercial plaza located at 8278 Thorold Stone Road ii) Location of the Amendment The amendment consists of changes to tl~e map and text. 1. Map Change The land area described as Part of Township Lot 81, as in R0314335, except Part 2, Plan 5988527 and Part of Township Lot 81, being Part 1 on Plan 59813263, all in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara be redesignated as Special Policy Area XX. The 0.33 hectares of land to be redesignated are located on the south side of `Thorold Stone Road, west of Kalar Road and the. land on the west side of Kalar Road; south of Thorold Stone Road, being Part of Township Lot 81, as in 80314335, except Part 2, Plan 5988527 and Part of Township Lot 81, being Part 1 on Plan 59813263, all in the former~'Township of Stamford,`now in the City of Niagara Falls, in the Regional Municipality of Niagara. This land is identified as Special Policy Area XX" on Schedule A of the Official Plan and is shown on Map 1, included in Part 2 of this document. 2. ~ Text Change A Special Policy governing the land affected by the redesignation is to be added to PART 2, ~ SECTION 14 -SPECIAL POLICY AREAS. iii) Basis of the Amendment The land subject to the redesignation is approximately 0.33 hectares in area. The City of Niagara. Falls Off cial Plan designates the subject lands as Good General Agricultural and recognizes the neighbourhood commercial plaza as anon-complying use under this designation. A neighbourhood commercial- plaza owned by 1546867 Ontario Inc. exists on 8278 Thorold Stone Road and a single detached dwelling owned by 1521483 Ontario Inc. exists on 4043 Kalar Road. -2- The applicant wishes to develop the lands known municipally as 4043 Kalar Road for office and storage purposes within the existing dwelling and the lands surrounding it as a parking lot in conjunction with the adjacent lands known municipally as 8278 Thorold Stone Road. Access would be provided from the existing access off Kalar Road and a new access driveway also -from Kalar Road. . The amendment is supported by a Planning Report, submitted by Urban and Environmental Management Inc. The study concludes the following: • The proposal does not offend Provincial or Regional Policies for use of land, outside of Urban Areas relating to significant Agricultural or Natural Heritage Resources. • The proposed expansion of the parking lot improves the compatibility of the Neighbourhood Commercial use with the surrounding neighbourhood through addressing concerns of residents in the vicinity of the subject property relating to parking. • The proposal does not involve a significant expansion to or intensification of, an existing use. Thy proposal is consistent with the provisions of Regional Policy 12.6 and therefore does not require a Regional Policy Plan Arnendrnent. • The proposal involves improvements to on-site drainage, streetscape and the application of appropriate zoning to the subject property: • This Proposal is consistent with the requirements of Official Plan Policy Part 4, Section 2.6 Official Plan Review and Amendment. In its analysis of the requested amendment, the City of Niagara Falls Planning Department concluded the. following: • Asper the comments of the Region's Planning and Development. Department, the proposed development complies with Provincial Policy and the.proposal has been exempted from Regional. Approval; • The proposal conforms with the general objectives of the Official Plan given that: o The proposed zoning change does of intensify the commercial-use of the property; o The additional parking is needed and disturbaces caused by off-site parking will be reduced. Traffic generation will not increase; o The proposed zoning will provide ari opportunity to improve site conditions through the application of site plan control; o The proposed development does not interfere with permitted uses under the Good General Agricultural designation; • _ The lands known as 4043 Kalar Road allows for a logical parking lot expansion that can be integrated with existing facilities; • .Compatibility with adjacent land uses can be achieved with wood screen fencing along the adjacent properties, 15 foot wide landscaping strip along the south property line; and a . 5 foot wide landscaping strip along the west property line; -3- • The size of the neighbourhood plaza and occupancy of the restaurant is to be restricted to its existing size in occupancy and the use of the former dwelling on Kalar Road is to be used for storage and office uses accessory to the restaurant only; • There is clearly a need for the proposed use. • The requested zoning by-law amendment is appropriate and to ensure that the uses do not expand without further approval the amending zoning by-law will restrict the size of .the .plaza and restaurant occupancy and will restrict the use of the former dwelling to accessory office and storage uses; • Through site plan control, issues such as location of garbage enclosures, fencing, tree planting, lighting. and grading/drainage will be addressed. Council considered the proposed Official Plan amendment and associated Zoning By-law amendment at a public meeting on July 23, 2007. Council refused the requested~amendments after considering staff's report (PD2007=63), agency comments, public comments and a presentation from the applicant. . . S:\OFFICIAL.PLN\AMEND~#72 -Urban Expansion~PREAMBLE_72.wpd 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. XX 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 Area Affected by this Amendment-shown on the map attached hereto, entitled Map 1 to. Official Plan Amendment No. XX -shall be redesignated from. Good General Agricultural to site specific Good General Agricultural and identified as Special Policy Area XX on Schedule A of the Official Plan. 2. ~ TEXT CHANGE PART 2, SECTION 14 -SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.XX SPECIAL POLICY AREA XX Special Policy Area XX applies to approximately 0:33 hectares of land located southwest of the Tliorold Stone Road and Kalar Road intersection. These lands are designated site specific Good, General Agricultural on Schedule A of the Official Plan. Notwithstandingthe policies contained in PART 2, Section 7..1 and in addition to the policies contained in PART 4, Section 5.1, the mirior expansion of an existing commercial development consisting of office and storage use of an existing dwelling and 24 parking spaces associated with the commercial plaza located at 8278 Thorold Stone Road may be developed on the land in accordance with the following policies: 14.XX.1 Commercial use of the subject property shall be limited to 735 sq m of coverage. 14.XX.2 The parking lot shall. be developed with. a minimum of 24 parking .spaces, in an attractive, landscaped manner with appropriate buffering and landscaped setbacks from adjacent land uses. 14.XX.3 Development will.be subject to Site Plan Control and a Site Plan Agreement shall be registered on title. ~ • MAP 1 TO OFFICIAL :PLAN AMENDMENT NO. XX Special Policy Area XX ~~~~ ~~ _. 7Ht~RC~L~3 STC~~ ~~ F ,, $2 ~S~T~'i~~l Sto e~Raad i ~~43~r~a~ar Rtr~+d~ - ~ C~= '~,-`- , Amending the City of Niagara Falls Official Plan Location: 8278 Thorold Stone Road 4043 Kalar Road ,~. Applicant: Anthony Vacca NTS Thomson ^ Rogers SENT BY FAX November I5, 2007 Ms. Italia M. Gilberti Broderick & Partners LLP 4625 Ontario Avenue, P.O. Box 897 Niagara Falls, Ontario L2E 6V6 Dear Ms. Gilberti: Cytec Canada Inc. re 1251b00 Ontario Limited Your File No. 060539 OMB Case No.: PL070601 Our File No. 050b92 Jeffrey J. Wilkey 416-$6$-3118 jwilker@thomsonrogers. com May I please have a response to my correspondence dated November 7, 2007, a copy of which is enclosed for your ease of reference. Yours very truly, 7 ffrey J. Wilkey JJW/pf Enclosure cc: Cyndy Love-Minns, Ontario Municipal Board cc: Thomas Mesevage, Cytec Legal, New Jersey cc: Martin Lehman, Cytec Plant Manager, Niagara Falls cc: Ken Milo, Cytec Safety, Health and Environmental Supervisor, Niagara Falls cc: Richard Neville, Davis & Co., Real Estate solicitors for Cytec cc: Glenn Wellings, Planning Consultant for Cytec cc: Michael Kyne, Region Solicitor cc: Peter Colosimo, Region planning cc: Ken Beaman, City Solicitor, Niagara Falls cc: Alex Herlovitch, Director of PIanning, City of Niagara Falls B A R R I S T E R S A 'N D S O L I C I T O R S SUITE 3900 r 390 BAY STREET ~ 70RONT0, ONTARIO ^ CANADA ~ M5H 1W2 ~ FAX 416.868-3134 ~ TEL 416-868-3100 b00tZ00'd 116TE 89B 9~9i mH'I S~iW002i iZOSWOH,L Z9~titi LOOZ-~~-AON Thomson ^ Rogers SENT BY FAX November 7, 2007 Ms. Italia M. Gilberti Broderick & Partners LLP 4b25 Ontario Avenue P.O. Box 897 Niagara Falls, Ontario L2E 6V6 Dear Ms. Gilberti: Cytec Canada Inc. re 1251600 Ontario Limited Your File No. 060539 OMB Case No.: PL070601 Our File No. OS0692 jwi Zker@thomsonrogers. com Jej, j'rey .T. Wilkey 41 b-868-3118 ~ k f.; ~~~ ~~ ~~ We are writing in response to your recent letter to Ms. Love-Minns, planner at the Ontario Municipal Boazd. We disagree with the assertions set out in your letter. Our client, Cytec, has been diligently moving forward with the settlement, including having the necessary dialogue with its corporate headquarters in New Jersey, and making the necessary arrangements to deal with the easement across the adjoining neighbour's lands. Cytec is authorizing, at significant expense to itself, the preparation of the R Plan (unless your client proceeds in its present course of action which is viewed as a repudiation of the settlement). A1I of these matters have been communicated directly by Mr. Milo of Cytec to your client. To say the least, in light of the foregoing, your letter is disappointing. Further, neither my offices, nor Mr. Milo had any prior inquiries from your ofl`ices or from your client respectively with respect to Cytec's progress in moving this matter forwazd. I would have thought courtesy would have required making such inquiries, prior to suggesting to the Ontario Municipal Board that my client was "stalling any attempt to amicably resolve this matter between the parties," which is a suggestion totally without merit. B A R R I S T E R S A N D S O L I C I T O R S SUITE 3100 ~ 390 BAY STREET ~ TORONTO, ONTARIO ~ CANADA ^ M5H 9 W2 a FAX 496-868-3134 ~ T1~L 446868.3100 i~00~E00'd ~EiE 898 9ti~ I~lt'I SHHJ0~3 1105)~1QHZ Z9~~ti LOOZ-9Z-A011 ~oo'a ~xsos Thomson ^ Rogers -Z- If your client's concern is with respect to a timeline to complete the settlement, then that is a matter that could be worked out between our respective clients. Your client either wishes to honour the settlement or it wishes to have a hearing. It cannot have both. Should your client wish to proceed with the settlement, then we request that you withdraw the request to the Board for a hearing date. Should that not be the case, then we will discuss with our client, Cytec, its remedies against your client for not completing the agreed to settlement, including relief in the Courts. If it is necessary for the Board to adjudicate this matter, we reiterate our view that this matter involves complex legal matters, with attendant time being required to adjudicate same. We look forward to hearing from you. Yours very truly, GJ,~.~-t Jeffrey J. Wilker JJW/dng ~- Cyndy Love-Minns, Ontario Municipal Board ~: Thomas Mesevage, Cytec Legal, New Jersey cc: Martin Lehman, Cytec plant Manager, Niagara Falls cc: Ken Milo, Cytec Safety, Health and Environmental Supervisor, Niagara Falls cc: Richard Neville, Davis & Co., Real Estate solicitors for Cytec cc: Glenn Wellings, Planning Consultant for Cytec cc: Michael Kyne, Region Solicitor cc: Peter Colosimo, Region Planning cc: Ken Beaman, City Solicitor, Niagara Falls cc; Alex Herlovitch, Director of Planning, City of Niagara Falls ~OOri~00'd BETE 898 9Tfi Mt"I S2id~0~I HOSG[oHS Z~~TT LOOZ-5t-110H ~E ISSUE DATE: t Sept. 28, 2007 DECISION/ORDER NO: 2596 ,~ Ontario Ontario Municipal Board Commission des affaires municipates de ('Ontario ~~~~rx~n~~~~ PL070239 IN THE MATTER OF subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Applicant and Appellant: Subject: Property Address/Description: Variance from By-law: Municipality: OMB Case No.: OMB File No.: Municipal File No.: APPEARANCES: Parties Yvonne Collinson City of Niagara Falls ~~ Yvonne Collinson' Minor Variance 7800 Charnwood Avenue 79-200 City of Niagara Falls PL070239 _ V070125 A-02/2007 Counsel*/Aaent William Hind Ken Beaman' DECISION DELIVERED BY J.P. ATCHESON AND ORDER OF THE BOARD This. is a hearing of the Board in the matter of an appeal by Yvonne Collinson from a decision of the Committee of Adjustment for the City of Niagara Falls which denied variances from By-law 79-200 for a property municipally known as 7800 Charnwood Avenue. The purpose of the variances applied for is to permit the erection of an enclosed two storey addition (sunroom) onto the rear of an existing single family dwelling. The variances applied for are as follows; ~1. A reduction in the minimum. rear yard depth of 7.5 metres to 4.27 metres. 2. An addition to the maximum lot coverage from 40 % to 43 %. r - 2 - P L070239 The Board was advised by the parties that during the second Committee of Adjustment hearing on the matter that the application was amended in order to comply with the maximum lot coverage requirements of the by-law, but that minimum rear yard depth variance is still in dispute. However, the Committee in its decision refused to authorize both variances. It was agreed on consent of the parties that the City would present its case first The Board heard from a Mr. Ken Mech a qualified land use planner currently employed by the City of Niagara Falls as the Manager of Current Planning. Mr. Mech has some twenty years of experience in planning with the City. It was Mr. Mech's evidence that there were no planning policy issues with the 2005 Provincial Policy Statement. He advised the Board that the property in question was in the built up area of the City and is .designated as Residential in the City of Niagara Falls Official Plan. The lands to the immediate rear of the subject property were designated open space in the Official Plan and are owned by the Municipality. They are intended to be used as passive parkland. Mr. Mech advised the Board that Charnwood Avenue is part of a plan of subdivision registered in 1995 and that the lots in this area are smaller than those normally found in the City. The lots in the immediate area of the subject property on average measure 13 metres of frontage by a depth of 30 metres and are zoned R2 in Zoning By-law 79-200. There is also a site specific zoning exemption found in By-law 91-68-which reduced the front yard setback to 5.5 metres for the -lots in this area. It is Mr. Mech's evidence that the site specific by-law was enacted to ensure that these smaller lots have sufficient open space in their rear yards. He advised the Board that no relief was given in the site specific by-law to minimum rear yard depth of 7.5 metres found in the parent zoning by-law. He also. advised the Board that due to the natural grade found in the immediate area that many of the homes- have walkout basements in their rear yards. Thus the main floor of many of the dwellings in the area when viewed from the rear yard appears as the second floor. This is the case for the subject property and its abutting neighbours. i` - 3 - ~ PL070239 Mr. Mech reviewed a number of provisions of the zoning by-law found at Exhibit 3 Tab 8 and in particular he advised the Board that the by-law provides that "a roofed- over one storey porch may project into a required front yard or rear yard a distance of not more than 2.5 metres". It is his contention that the two storey enclosure being proposed by the appellant goes beyond the relief already granted in the zoning by-law. On questioning from the Board he freely admitted that one could have an enclosed porch on the ground floor and an open deck above it subject to complying with:th.e size and setback. requirements.of the zoning by-law and the applicable provisions of the Ontario Building Code. Mr. Mech then reviewed the revised application found at Exhibit 2 Tab 5. In these sketches it is clear that the proposal is to enclose a significant portion of 'the ground floor level of the existing home and as welt to enclose about half on the second floor in the area of the existing second floor deck. It is Mr. Mech's opinion that the revised proposal and in particular the second floor addition, when viewed from the rear yard, is not in keeping with the intent and purpose of the Official Plan and the zoning in place for the area. In this regard he directed. the Board to Section 1.10 of the Official Plan which requires that: 1.10 New residential development and infilling shall be designed and integrated to achieve compatibility and sensitivity with the surrounding area in terms of density, height gradation, building mass and arrangement, setbacks and appearance. Appropriate open space; separation distance and design measures, including landscaping and buffering, shall be provided to maximize privacy and to minimize any adverse impacts on the neighbouring uses." It is his opinion that the proposal before the Board is neither compatible nor sensitive with the existing development found in the area. It is also his contention that Council when it passed the site specific zoning by-law amendment wanted to maintain minimum rear yard open space on what he terms these smaller lots and granted relief to the normal front yard setback in order to preserve private open space areas in the rear yard. It is his evidence the proposal before the Board is not in keeping with this direction found in the zoning by-law as amended. .~ ' 4 ' ~ PL070239 He concluded his remarks by indicating that the revised proposal, in his opinion, is not minor and does not represent appropriate development for this part of the City of Niagara Falls. The Board then heard from Mr. Randy Hutton who resides immediately to the west at 7808 Charnwood Avenue. He opposes the variance on the basis that the second floor enclosure will impact his privacy. He also contends that the addition will create a shadow impact on his rear yard thus affecting the enjoyment of his property. He provided no compelling evidence to the Board with respect to the shadow impact. The Board then heard from Ms Collinson. She advised the Board that she wishes to create a two storey enclosed area in order that her mother may sit outside in a safe and accessible place and that the second floor enclosure is required due to the slope of the lot and her mother's inability, due to health reasons, to access the lower level of her house. She contends that an enclosed sunroom is a natural progression of the decks and awning that currently exist and that it will not negatively impact the neighbours or the adjacent open space owned by the Municipality. In support of her position she presented aphotograph -Exhibit 6 -showing the decks both at grade and on the second level that exist on homes to the west. She provided no other evidence in support of her request for the variance being sought. The Board has carefully considered all of the exhibits and the submission made with respect to the revised proposal and is not satisfied that the four tests set out in Section 45(1) the Planning Act, have been met in this case. It is important to note that all of the four tests must be met if an application for minor variance is to succeed. Failure of just one of the four tests is sufficient for an application to fail. The Board in this case prefers the uncontradicted evidence of the municipal planner that the intent and purpose of the Official Plan and site specific zoning by-law would not be met if the Board were to authorize a variance that would allow a two storey enclosed addition as proposed. The zoning by-law, as constructed, already permits encroachments into the required rear yard and would permit an enclosed screened in area as well as a second -level deck. If the variance sought were authorized it would permit an addition to the existing house never contemplated by the by-law and would not be minor in nature, or desirable for the orderly development of this area of the City of Niagara Falls. ~' " 5 " PL070239 THE BOARD ORDERS that the appeal is dismissed-and the variances are not authorized. This is the Order of the Board. "J. P. Atcheson" J.P. ATCHESON MEMBER Ontario Commission des ~ Municipal affaires municipales Board de ('Ontario 655 Bay St Suite 1500 655 rue Bay Bureau 1500 Toronto, ON M5G 1 E5 Toronto, ON M5G 1 E5 \ Tel (416) 326-6800 Tel (416) 326-6800 ®~~~ Toll Free: 1-866-887-8820 Sans Frais: 1-866-887-8820 Ontario Fax (416) 326-5370 Telec (416) 326-5370 www.omb.gov.on.ca www.omb.aov.on.ca November 9, 2007 Alex Herlovitch Director of Planning & Development City of Niagara Falls 4310 Queen St, PO Box 1023 Niagara Falls ON L2E 6X5 RE: OMB Case No.: PL070929 OMB File No.: Appeal by: Zoning By-law: Property Location: Municipality: R070232 Helias Enterprises Inc., Comfort In Fallsview Inc. and the County Chalet Restaurant 2007-195 6505 Fallsview Blvd City of Niagara Falls The Board acknowledges receipt of the above referenced file. When communicating with the Board, please quote the Board's case and/or file number. The file has been assigned to Sandra Chan. For specific questions about this case, you may contact the Planner at (416) 326-6776. The Planner will review the file to ensure that all required material has been received and will identify if there are other related matters that may come to the Board. The Planner may contact the parties or their representatives to: • Identify issues • Discuss whether the matter may be a candidate for a mediation meeting • Discuss whether a prehearing conference may be beneficial (Prehearings are normally only held on complex cases where the hearing length is expected to be over five days • Discuss the time that may be required for the hearing if the matter does not proceed to mediation or prehearing Parties are encouraged to explore whether the case before the Board and the issues in dispute are matters that may benefit from the assistance of a mediation meeting conducted by a Member of the Board. Mediation is a voluntary process of negotiation that encourages all sides in a dispute to get a better understanding of each others positions and fully explore and consider options for a mutually acceptable settlement of all or some of the issues in dispute. Board staff may canvass this option with the parties or if any party would be in agreement to proceed to mediation they should contact the Planner. It should be noted that all parties must agree to proceed to mediation to allow the Board to proceed in that manner. /2 -2- The Board is committed to provide parties with the option of Board assisted mediation. To that end, the Board will do its utmost to ensure that those matters that enter the mediation stream are not prejudiced by delay should the matter not be resolved in its entirety at a mediation meeting and a hearing is required. For general information concerning the Board's policies and procedures you may contact the Citizen Liaison Office at (416) 326-6800 or visit our website at www.omb.gov.on.ca. You may wish to obtain a copy of the publication `A Guide to the Ontario Municipal Board'. This publication is available on the Board's website. Yours truly, h~~l Alix de la Haye Case Management Administrative Assistant Cc:. Herman Turkstra, Turkstra Mazza Dean lorfida, Clerk, City of Niagara Falls Ministry of Natural Ministere des Richesses • Resources naturelles p „I ~ ~~~ ~' O Field Services Division des services ~~'p~~~ 3 ~ i;e Division sur le terrain Room 6611, Whitney Block Edifice Whitney, bureau 6611 99 Wellesley Street West 99, rue Wellesley Ouest Toronto ON M7A iW3 Toronto (Ontario) M7A 1W3 Tel: 416-314-9075 Tel.: 416-314-9075 Fax: 416-314-2629 Telec.: 416-314-2629 ~„ ~ 'a k a ~ s ., MNR1205MC-2007-2691 ~ c S, i 9; Mr. Dean lorfida City Clerk 4310 Queen Street PO Box 1023 Niagara Falls ON L2E 6X5 Dear Mr. lorfida: Thank you for your Teter, addressed to the Honourauie David Ramsay, reyar~.iing the city's resolution requesting the Ministry of Natural Resources' (MNR) assistance in dealing with urban vermin issues. The Minister has asked me to respond. The co-ordination of all levels of government and public stakeholders is necessary to create effective and lasting solutions for preventing and managing human-wildlife conflicts in Ontario. Since 2005, MNR has been leading an interministerial steering committee in drafting the Strategy to Prevent and Manage Human-Wildlife Conflicts in Ontario. The committee includes representatives of the ministries of Agriculture, Food and Rural Affairs, Transportation, Municipal Affairs and Housing, and Health and Long-Term Care, as well as public stakeholders, MNR will continue working with municipalities to tackle the challenges of balancing social values, ensuring human health and safety, reducing adverse economic impacts and conserving biodiversity. We will be focusing on building community-based solutions, establishing leadership roles and responsibilities, and increasing public awareness and understanding about wildlife. These initiatives will reflect the strong commitment among government and non-government agencies, external stakeholders and affected communities to work together to address and understand these complex issues. In the meantime, please have city staff contact Ms. Kathy Richardson, Fish and Wildlife Technical Specialist, at (905) 652-1177, for information on ways to avoid human-wildlife conflicts and to help resolve wildlife issues. Thank you again for writing. Sincerely, David de Launay A/Assistant Deputy inister Field Services Division c: Minister's Office Kathy Richardson, Fish and Wildlife Technical Specialist, Niagara Area Office Page 1 of 1 Dean Iorfida -Request for Crosswalk at Lundy's Lane Tim Hortons/Greycliff Manor From: "Flora, Eric" <eric.flora@regional.niagara.on.ca> To: "Dean Iorfida" <diorfida@city.niagarafalls.on.ca> Date: 10/23/2007 9:10 AM Subject: Request for Crosswalk at Lundy's Lane Tim Hortons/Greycliff Manor CC: "Cousins, Joe" <joe.cousins@regional.niagara.on.ca>, "Hughes, Brian" <brian.hughes@regional.niagara.on.ca>, "Scholz, Ralph" <ralph.scholz@regional.niagara.on.ca>, "Vujic, Petar" <petar.vujic@regional.niagara.on.ca>, "Purcer, Mike" <mike.purcer@regional.niagara.on.ca> Dean: Good morning. I'm replying on behalf of Joe Cousins (in reference to your email to him last week on the above- noted subject). Transportation staff has reviewed this request and are continuing to work out the design details. The Region anticipates undertaking the necessary improvements next spring 2008, subject to Regional Council approval of the required funds. As the work progresses, I will ensure staff keeps you informed. If you or an elected official require additional information, please let me know. Thank you. Eric L. Flora, P. Eng., CET Associate Director, Transportation Systems Public works Department Niagara .Region 2201 St. David's Road, PO Box 1042 Thorold, ON L2V 4T7 Phone: (905) 685-4225 ext.3400 Fax: (905) 685-0013 Email: eric.flora(wre~ignal.niaeara.on.ca Building Conamunit~~. Building Lives The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments maybe confidential, is inter (s) named above, and maybe legally privileged. If the reader of this message is not the intended recipien send this communication to the sender and permanently delete the original and any copy of it from your file://C:\Documents and Settings\di202\Local Settings\Temp\XPgrpwise\471DBAA3Do... 10/24/2007 Niagara~cclls CANADA _' ~- rsL,.° Mr. Byung Y. Hong Econo Fair Variety 6891 Drummond Road Niagara Falls, ON L2G 4P5 IZE: "No Parking" Sign in front of 6875/6891 (Econo Fair Variety) Dear Mr. Hong: November 13, 2007 This letter is further to your correspondence dated October 7, 2007, regarding concerns stemming from the existing "no parking" sign on the west side of Drummond Road in front of Econo Fair Variety. In your correspondence you have requested removal of the subject sign due to safety concerns. The west side of Drummond Road in the study area consists of an edge line and paved shoulder that extends to the sidewalk which is at the same elevation as the road. Presently there are two (2) " no parking" signs, closely spaced on this block denoting a parking restriction. The "no parking" sign in front of Metro Bakery is protected by precast curbs, while the sign near the Variety Fair is installed in the open asphalt area. Although the sign is installed on city property, it is recognized that due to the absence of curbing and defined driveways, the sign may be subj ect to damage by motorists accessing the parking area in front of the variety store. Therefore, the sign will be removed, as per your request. It should however be noted, that the parking prohibition denoted by the "no parking" sign in front of Metro Bakery also applies to the paved shoulder adjacent the Econo Fair Variety and The Shack Homestyle Cooking. After the removal of the sign, should you witness illegal parking activities at the study area, please do not hesitate to report them to the Transportation Services office at 905-356-7521 extension 4225 or 520$. Our enforcement officers will also take the necessary action should they observe illegal parking while on their routes. Thank you for bringing this matter to our attention, should you have any questions please do not hesitate to contact me. e. Mayor Ted Salci Ed Dujlovic, Exec. Dir. of Community Services Karl Dren, Director Transportation Services Sue Wheeler, Acting Manager of Parking Operations All Council members Yours tnzl , - Marzenna Carrick C.E.T. Manager of Traffic Operations S:\TPS\TPS 7.00 Traffic Engineering\TPS 7.~8 Studies\7:08.1 Street D\Drutcanond between Atlee and Churchill Parking Review -November 2007\Drucrnnond Road no parking sign renx,~a7:wpd Working Together to Serve Our Community Community Services Department Transportation Services Ext 5204 Fax 905-353-0651 mcarrick@niagarafal Is.ca ~~ Niagara,Falls CAN,IDA October 31, 2007 Mr. Ron Cloutier The Optimist Club of Niagara Falls P.O. Box 124 4751 Dorchester Road Niagara Falls ON L2E 6S8 ~~ Dear Mr. C1~tier: Re: Optimist Club Signs Thank you for your recent letter regarding special consideration for advertising signs on the Optimist Club property. The correspondence will be brought forward for Council's attention. As you may be aware, the City is in the process of drafting a new sign by-law. In light of your request, the Executive Director of Community Services has been instructed to review/consider possible amendments to the proposed Sign By-law to accommodate some event signage at Service Club properties; therefore, a staff person may be in touch with you in the future for further discussion. Thank you for bringing your concerns to our attention. Sincerely, Dean Iorfida City Clerk c. His Worship Mayor Ted Salci & Members of Council John MacDonald, Chief Administrative Officer Ed Dujlovic, Executive Director of Community Services Working Together to Serve Our Community i.. .+ .Elfft -' ..f" `77 ~ ". Corporate Services Department Clerks Ext 4271 Fax 905-356-9083 diorfida@niagarafalls.ca 0 ~- 6' October 2, 2007 Mayor Ted Salci & City Council THE CITY OF NIAGARA FALLS 4310 Queen Street P. O. Box 1023 Niagara Falls, ON L2E 6X5 Fellow Citizens: We, the Optimist Club of Niagara Falls would like special consideration to allow the placement of advertising signs on our property. Some of these signs allow us to general revenue to offset our costs these would include Falls Chev Olds, One stop Fire Place, Hamblets Roofing, Cataract Savings Credit Union, Orange Hot Tubs and Hu-Ero Heating and Air Conditioning. For the following clubs and organizations we offer, at no cost, the placement of there signs -the United Way, Rotary Club, Boy Scouts, City of Niagara Falls and numerous others. Every city election the candidates put up there signs. We trust that you will give this your careful consideration. Thanking you in advance The Optimist Clu of Niagar ,3 i t THE oPT16ViIST CLUB ®F NIAGARA FALLS P7. Eox 124, 4751 Dorchester Road, Niagara Falls, Ontario LZE 6S8 Phone: 905-358-0033 Fax: 905-358-9661 (10/18/2007) Dean lorfida -dog bite -Bonnie St. Page 1 From: Bob Judge To: Carey Campbell; Ron Waters Date: 10/18/2007 10:27 AM Subject: dog bite -Bonnie St. CC: Dean Iorfida; John Castrilli I attended court this morning on this matter, Mrs. Lariviera, the owner of the German Shepard that bit the Ferguson girl. Mrs. Lariviera informed the courts that the dog had been put down at her request by the Humane Society. She will provide us with a certificate of this in the next few days. Bob ~, ,: ~_ , ~' -- a ~ " _ ., , Building Division 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374 7500 ORDER TO COMPLY Registered Mail Order No.: ORB-2007-1039 Permit No.: Re: Site Location 4434 LEADER LANE NIAGARA FALLS L2E 6S4 Pursuant to the Building Code Act, 1992 Section 12 (2) To: VICTOR ELMS Address: 142 ROYAL VALLEY DR CALEDON ON L7C lA6 Owner: VICTOR ELMS Address: 142 ROYAL VALLEY DR CALEDON ON L7C lA6 It was found upon inspection of the building at the site location described above that the construction of the said building is in contravention of the Building Code Act, 1992 and/or the Ontario Building Code 2006, as amended. The nature of the contraventions) and its/their location(s) is/are outlined below. Construction is not in accordance with the Ontario Building Code. Namely: 1. Mechanical ventilation system is not in accordance with the plans submitted at time of permit issuance. A revised design is to be submitted to the Building Department for review. 2. Confirmation is required from Mechanical Engineer confirming that all above ground plumbing has been installed in accordance with Part 7 of the O.B.C. 3. Kitchen exhaust is to be installed in accordance with 6.2.3.9(9) & 9.32.3.10(6) of the O.B.C. 4. Fire separation is required as per Section 9.10.9.11 of the O.B.C. R 5. Water temperature control devices are to be installed in each unit as per Section 7.6.5.1 of the O.B.C. You are hereby ordered to Comply with the said Act and the said Code by obtaining a permit or taking other appropriate action to comply with this Order immediately. You are further ordered not to cover any work which has been constructed without a permit, until a permit has been issued and a satisfactory inspection has been performed. Take Notice that if this Order is not complied with the Chief Building Official as appointed for the purpose of the enforcement of the said Act in the City of Niagara Falls, may, in addition to any other penalty or remedy, order that all or any part of the construction or demolition, respecting the building, cease. Non-compliance with this Order is an offence under the said Act, which may result in legal action. Dated this Monday, October 29, 2007 `.. Inspector ~ ~ L. Chieca Received by: Name: ~~~/~ /~ L /G~. Signature: Position: Note: No person shall occupy or use or permit to be occupied or used any building or part thereof, newly constructed, installed, altered, renovated or repaired, where any Order has not been complied with. A person who considers themselves aggrieved by an order or decision made by the chief building official, a registered code agency or an inspector under this Act (except a decision under subsection 8(3) not to issue a conditional permit) may appeal the order or decision to the Superior Court of Justice within 20 days after the order or decision is made. 2002,c.9s.40(2) ORB20071039.doc 4434 Leader Lane Niagara balls, Canada October 26, 2007 John Castrilli Chief Building Official, City of Niagara balls CC: Members of Coamcil R>~: I~~iT>~ R>~,OIiIR>~~ I1I~DI~T>~ ~'~T1I©1V I have people planning tea move into their ne~,v homes at my 9-unit apartment building, inyust a fe~v days but your department is holding up occupancy. bamilies are about to have their lives disrupted and much expense ~~ill be incurred if your department continues to unnecessarily hold up occupancy, The binal Inspection `~-as performed last ~,veek by Luciano Chieca, Mr, Chicca is verbally complaining that a change is required to the plumbing configuration but refuses to put that concern in ~~°riting. This is ridiculous since the plumbing inspection was passed several months ago and the plumber vas paid his final payment based on passing that inspection. I have discussed Mr. Chieca's concern with the buildinggs Mechanical bngineer and he has confirmed that the plumber's implementation meets the requirement ofthe OBC. The OBC states that v~Aater must be delivered to faucets at a temperature no greater than ~9® so as to avoid scalding. °The plumber. the Mechanical Lngineera and I all agree that the current plumbing implementation meets that code requirement. The Mechanical Bngineer ~vho designed the system can provide a ~~ritten statement to that effect. The change that Mr. Chieca is verbally requesting involves no small cost and effort. If your department persists in requiring this change before passing the inspection. then I require that in r~vriting so that I eau recoup my damages from the responsible party. Over the course of this past wreel{, you and other members of your department have failed to return my phone calls. I visited your of6e:e but the person I dealt with at the front desk also refused to pro~~ide a copy of Mr CluecaSs inspection report. I demand that your department either: • pass the inspection, or • provide a ~;ritten report identify7ng items that do not conform to the Ontario Building Code. .....Victor Bhns (905)353-0631 P® Box $32 Niagara Fallsx G'anada ®ctober ~6, '~00~ John C`astrilli Chief Building ®flficial~ City of I~fia~~ra Falls CC: n1~Iembers of Council R>~: Baildm~ 8Y B~-Ix~~ InsnE~ctians Policies I am fed up ~~-ith the practices of ~ our department_ Dour inspectors demand changes that are not substantiated. by- the ®ntario Building Code and they refine to put these demands in kiting. Since my pre~~ious letter this morning, ~. Chieca has pro~~ided a ~Titten copy of his inspection report.. ~o under he didn't ~~nt to pro~idc this in ~~~riting. It contains the same BT.JI:,LSHIT that he said to me verballS~. Some of the items are net Building Code issues at all. Far example he`s called far the "Ducting to lee enclosed". "hen Ii~ir. Chieta ~risited my site Iasi week, eve evere in the process of enclosing same ducts far purely cosmetic reasons. I painted eat that this avas purer cosmetic and asked a~%h~ he found it necessary to make this a canditian of occupancy. 11dr Chieta appears to lee ti'shooting from the hip". what are the qualifications of ~°our inspectors?' Da they have and actual building experience or hay-e they- passed and: examinatian of their kno~7ledge of the ®BC~' V4~hy is her. Chieta calling far another plumbing inspection's '`hen I asked this question of 1Vir. Chieta last ~~;-ee1~, he denied tbadt a plumbing inspection e~7er took place. ~~our deparirnient~s retards that bads The plumbing .inspection ~ performeel months ago lay another inspector in ~~our department. ,At that time Lou stubbornly requested several nonsense items be addressed. He tree refused to put his demands in ~~riting but the plumber chase to comply ~~ith his non~nse requests rather than hght them. I have nothing in ~Yiting to prove this inspection took place... onl~z eye ~~~tnesses and the fact that your dcparibmcnt moved ahead and pert®rn~ed Iater silage inspe~°tians. I have dealt with on1~~ one inspector from your d ent mho pro~~ided ~ar~ritten insp~tion repoxts. i?flnforllunatel~~, Tany is no longer with the Cif. I found his its mere ahvays reasonable supported Izy the QBC° and in ~~riting. Like~~ise_ the hire Inspector avho ,vas also present for the Final Inspection last ~~-erek. He provided. a ~u~ritten report outlining specific requiremenlts. His bindings are clear and reasonable. I have no issue a.~~ath making the minor improvements he requested. ~'1ay do your other inspectors outright refuse to act in a similar professional manner'? Page 1 of 2 The most costl~% condition that 11~r. C'hieea is mquestin~ is that mixing salves ~ installed. He has repeatedl~,T erroneously; stated that is a condition ofthe Ontario Building G'ode. In fact, v~hat Article 'x.6.5.1 Division B Part ~ of the OBC' actually- Mates is that v~ater must be delivered to faucets at a temperature no than ~9® so as to avoid ~caldin~. Accordin~lyAZ the plumber set the lthermostats on the v~atcr heaters at ~9~. I have discussed Mr. Chieca's concern ~v~ith the project?s lO~Iechanical Engineer and he has confirmed that the plumber~~s implementation. meets the requirement of the OBE. I also called the Ministry oflVltuucipal Affairs ~ housing. T'heyr too confirmed the code. Under the terms of m~° contract v~th the plumber, he is committed to ensure his v~;ork conforms to the OBE. The change that l~Ir. C'hieca is requesting involves no cost and. effort. It is unlikely that the plumber"s cooperation ~,vill be forthcoming without a la~v suit. In this cases ~-our department ~,v-ill likely be called on byr the court to aBirm your position. Alten~atively, the mechanical engineer is ~°illin~ to provide v~rittem confirmation that the building meets the requirement of the OBC'. I mould like you accept this and pass the inspection. .....Victor Bums (900353-0631 ~~~~ ~ ~~y ~~~ October 2, 2007 Mr. David Connelly 327 Cliffside Drive Auburn, New York 13021 Dear Mr. Connelly: I am in receipt of your letter of September 29th that provides the details of your visit to the Maid of the Mist on Friday September 28th. I was sorry to hear of your experience during your visit. Customer service is extremely important to the Maid of the Mist. We appreciate receiving feedback, both positive and negative, so that we can continually work to improve the service that we provide to our visitors. I am sorry that our staff did not take the time to explain our operating schedule to you in more detail. I am also sorry that there was an apparent lack of sensitivity to your situation, especially given the fact that you were responsible for 20 other individuals that you were bringing to the Maid of the Mist on that day. I have checked the admission system records and found that the last ticket window closed at 4:47pm on Friday September 28ti'. Based on the records I can assure you that the Maid of the Mist did not close prior to its published operating schedule on that day. At the same time, however, I appreciate your stating that your watch indicated to you that you were arriving prior to our closing time. a,~ r.; `~ tJ ~~~ O~ THE ~F ~~ ~,.,~ , ®, I have discussed your letter with the supervisor that was on duty that day and re-enforced the importance of customer service. Maid of the Mist Corporation 252 Buffalo Avenue Niagara Falls, NY 24303 726.284.8897 fax 726.2845446 www.maidofthemisccom Maid of the Mist Steamboat Company, Ltd. 59zo River Road, P.O. Box Sob Niagara Falls, Ontario L2E 6V6 905.358.5782 fax 905.358.8527 OF THE ITT .. ~~ Again, I am sorry that your group was not able to experience the Maid of the Mist during your visit last week. We appreciate your decision to continue to give the Maid of the Mist the opportunity to serve both you and your clients on future visits to Niagara Falls. Sincerely, ~~ ;~- Christo `her Glynn President c.c. Mayor Ted Salci, The City of Niagara Falls c.c. Mr. John Kernahan, General Manager, The Niagara Parks Commission ~~ 1' ~---- 1 September 29, 2007 Christopher Glynn President Maid of the Mist Corporation 151 Buffalo Avenue Niagara Falls, NY 14303 Dear Mr. Glynn: ` ``'~ c~° ~~~~ ~ I thought perhaps you should know ab encounter with your ~g~ ---~. staff yesterday. I led 20 people from the Finger Lakes, New York, to Niagara Falls, Ontario, on Friday. It was my first tour into Canada for World About us; a Finger Lakes-based tour company. A step-on guide showed us around and dropped us off at your ticket booths for the group's final stop, Maid of the Mist. Even our guide was confident we could get on the boat. We arrived at your gates just before 4:45 p.m. Friday. As I approached the queue rails at your ticket booth, a young woman abruptly stepped up and snapped a chain link, cutting off my progress. Without acknowledging me or my confusion, or nodding an "Excuse me," she spun around to leave. In my consternation, I noticed a 4:45 p.m. closing sign and checked my watch. It's part of my job to keep it on time. In appeal I raised my voice to the woman to say I had 20 people from out of town who wanted on the boat, and that it was a few minutes short of 4:45. "We go by our own clocks," she said, turning her head just enough to glance at me, and continuing to rush away. I could see no clock. I stepped over the chain as she and other employees rushed for an awaiting car, overseen by a security guard. Everybody seemed so grim and rushed it occurred to me I was witnessing a robbery. I raised my voice to ask for a supervisor. The group glared at me silently, shut their car doors, and sped off. Your web page indicates your ticket booths close at 5:45 on weekends. It never occurred to me that you might not consider Friday night part of a weekend. The Niagara Falls weekend fireworks show, after all, does include Friday night. Moreover, the sun was still high, the weather beautiful and no other vendor nearby was closing. It still took patience or force to wedge past the throngs to watch the falls. 2 Still, I am responsible as the guide for failing to double-check closing hours. Your crew now is reminding me of a good lesson for tour guides everywhere -- assume nothing. As a result of my mistake, one group from Wisconsin did not get what they had paid for, a ride on the Maid of the Mist. I have to say I don't feel good about giving your crew a check this coming Wednesday when I lead 40 more through your booths. I'll do it for them, of course, because Maid of the Mist is such a good show. Perhaps your crew needs a little more training, and consideration. Sincerely, David Connelly 327 Cliffside Drive Auburn, New York 13021 315.253.3370 dconnelly@worldaboutus.com CC: Mayor Ted Salci Niagara Falls City Council 4310 Queen Street Niagara Falls, Ont., Ca da L2E 6X5 Niagara Parks Commission Oak Hall Admin. Office Box 150 Niagara Falls, L2E 6T2 Ont., Canada 1~ ~ ,~ y ~' : ~ ~ . ;t i , • ~ -~~~~ d ~ ~~ ~. _ ~~ , l ;~ ~ ~ ~ ~~ ~~}G~ fig. ~ ~ ~S ~~ ~ ~~~ ~, ~ ~%'~~ ~ ~ • J ~ r ~~~.` f ~ '~ ~ ~ ~ % ,, S ~ ~~ 1 ~ ~ ~ ~ ~, ~ L ~ /~~- ~ ~ ~ ~ ~ ~~~ ~ ~~ ~ ~ ~ ,y~ ~~ ~~~ ,%-~~~--- ~~ : ; ~ ~~1~~ %..~ ;' ~~ it i ~ ~:~ ~~ ~,~ ~ .~ ~;- ~~ ~ r t -"~ /, /I ~ ~,~~/~ `~~ ~~ ~ ~ ~~~ f-S ~ ~~~~'I rte' ~~~ ~~._ ~~~~ ~%~ n:Y ~~ ~ _ iaG ~ ~~~~~~~ ~ ~ ~' ~~ ~~ m J ~~ ~ ~~~~~~~ ~-f ,~ >> ~~ S ~ ~~ ~, ~~ t, ~~ ~ ~~~ ~ ~ ~~ r ~ ~ ~ ~~ ~ ~ / ~~ 1 ~ ~ .~ ~ • .~ ~` -- r~ , ~~ rll- /'J~~~ ~. ~j ~ fi'r' `~ ~'~/ • ~ ~~ /~` ~~ C~~ ~- .~~ ~'-~-ter ~~ ~s ~ ~ ~~ ~. l Z ~ ~~ ~-~~~ ~ ~~ ~~, ~~ ~ ~ ~ g ; .~ ~~ ~ 1 ~ ~~~ ~~~ G ~ l ~~ 1 ~~ ~~~~ f - ~ ~/ ! /~ ~ r l~~fi ~ ~j ~- r`7% -~hl.< ~~ z ~~ ~~ _~ ~ ~ ~ • • ~~ fi~ ~~ ~ ~~~' ~ ~~ ~ ~' ~~ ~ ~ v ,~ ~ ~ ~ --S ~~ o / / ~/~_' ~ /Z~ / J` ~ %L ~ lam! ~ ~--- ~'^(/ ~~ ~y'~ ~4/~~~ ~f! 7~ .~ ~ ~ ~ ~~ • 1, .. ~a r~ r. ew~~ ~.r ... ~ c.-~~i ~~~ U "/ ~(( .• . ,,. i t ~7 ~ I Yc.~-'~L{ L ~ ~`~ G'G " GL%~.- c..~ /1.l` L'°.' y C.~~ ~~ rG',t" 1, ~ ~` ~ l2.- r/ ~ ~ , ~~. : - , GY ....~ LrL - ~ ~ < "1,~,t_y,y~-G~t•- ~-dz C ~, ~~ -,11 Z.ft:~l ' ` i---~rvr~ ~~ ~ ~ ~L . ~,,~ .1.~~ fit, ~ ~-~''~- r~~U ~°L ~ ~ c~~ ,-tl~ ~ L/ ~~ ~: -~L i t~ .J~ ~~' G' ~,y. ,,L,fc.c ,.U'.(....~ ~~, v ,~-° , L CJ -~. / - /- - ,~~ .~ G~-k.~ l ``/ , ~~L-~C, L ~~ ~~~ ~ ~ C.., , (1 _ rr' ' ,~C~,• ~-~~' - `~ ~- 1,, °~_~~~~ ,~ ~r~ ~"~Z~t.r , r L~ ~ ~~- ~ ~ ~~ ~ r ~ ~;~~ :~,. °~: ~_~ ~~ ~~ ~t~ a c~-,~: ~~ --~Ge--~U~~, , /~,'~ ~~~'s~-dam, ~~ ~ ~.~ r/r^~q r! October 09, 2007 NIAGARA°F` ~'S"~'SERTOMA CLUB P.O. BOX 634 NIAGARA FALLS ONTARIO CANADA L2E 6V5 I ------ s E R v I c E ~~ City o Niagara Falls c% Mr. Dean Iorfida, City Clerk 431 D Queen Street, P.O. Box 1023 Niagara Falls, On L2E 6X5 ~I'O MANKIND Thank you for your generous contribution to our fifth annual Charity Golf Tournament & Family Picnic held on September 30, 2D07. Again this year, the feedback from those who attended was great! The weather was...almos~.. perfect and the steaks were great! We ltad a full slate of 72 golfers who were really impressed with the wide range of wonderful awards made available by you and other generous supporters. The quality and quantity of the prizes added credible significance to this event and clearly influenced its success. The members of Niagara Falls Sertoma feel strongly about their commitment to `Service to Mankind' and the profit from this event wild help in a tangible way to fulfill our charitable endeavours. Given the repeated success of the tournament and the ongoing and growing needs of the community ,the members of Sertoma will conttnue to make this tournament an annual event and I trust we can rely on your continued support. MANY THANKS'!! Yours truly, ~'`e-~---~-~-~ George Knisley Golf Tournament Chairm ARTS & CULTUI~~-~~~`~''~~ Na~ara~'aIls THURSDAY, AUGUST 23, 2007 :('4. A'tL CiA 6:00 P.M. At the home of Daniel Rodrique MINUTES Present: Karen Akalu, John Harkness, Philomena McCracken, Daniel Rodrique, Brian Smylski, George Vallo, Cheryl Wyllie, Laurie Crain- Anez Regrets: Roz Llewellyn (Staff) Absent: Councillor Carolynn Ioannoni, Shalini Shahani Guests/Volunteers: none GENERAL MEETING 1. Adoption of Minutes Minutes of June 28, 2007 IT WAS MOVED BY George Vallo, seconded by Daniel Rodrique, that the minutes of the meeting of June 28, 2007 be approved. Motion Carried 2. Business Arising Member Resignations -Dean Iofida will attend the September meeting to review options regarding openings on the Committee due to member resignations. A brief discussion of the history of these situations took place. Community Arts Ontario Conference - an update from Staff is expected at the September meeting as the C.A.O. office is close during the summer months. Volunteer Recognition Night - Invitations to participate will be forwarded to all high schools (bands, choirs, etc.) in the city as possible sources of entertainment for the evening. 3. Communications -none 4. Sub-Committee Reports In lieu of sub-committee reports ,sub-committee membership was revamped as follows: Planning: Brian Smylski (Chair), Philomena McCracken, Laurie Crain-Anez The next Planning meeting will take place on Monday, September 10, 2007 at the Niagara Falls Art Gallery (6:00 p.m.) -2- Public Relations: Cheryl Wyllie (Chair), Daniel Rodrique, Shalini Shahani The next Public Relations meeting will take place on Tuesday, September 11, 2007 at the home of Cheryl Wyllie (6:30 p.m.) Awards: Philomena McCracken (Chair), George Vallo, John Harkness The next Awards meeting will take place on Monday, September 10, 2007 at the Niagara Falls Art Gallery (7:30 p.m.) • Artfest: A detailed, itemized budget for Artfest will be presented at the September Arts and Culture Committee meeting. Wall of Fame: The Awards Sub-Committee proposed that the following individuals be inducted to the Wall of Fame: Stephan Moccio, Lucille Hilston, Hilda Corkum, Wilma Morrison, Myron Sutton, Sherman Zavitz. IT WAS MOVED BY Philomena McCracken, seconded by George Vallo, that the selections proposed by the Awards Sub-Committee be accepted. Motion Carried 5. New Business Karen Akalu reported that an interview with Historic Niagara took place during which the organizations plans for future activities were discussed. 6. Pending Items Singing of National Anthem at Council: Laurie Crain-Anez will assume responsibility for finding and booking local talent to sing our National Anthem at Council meetings. Arts and Culture Week: Plans for raising awareness about and generating interest in Arts and Culture week will be discussed at September meeting. 7. Information Sharing 8. Adjournment IT WAS MOVED BY Daniel Rodrique, seconded by George Vallo, that the meeting be adjourned at 8:30 p.m. and that the next meeting be held on September 27, 2007 at the MacBain Community Centre. Motion Carried S:\Arts & Culture Committee\Monthly Meetings\Minutes\2007\08. Aug 23.wpd ARTS & CULTURE COMMITTE Nia~;ar~~cclls ~ THURSDAY, SEPTEMBER 27, 2007 7:00 P.M. MacBAIN COMMUNITY BOARD ROOM (7150 Montrose Road) Dean Iorfida Director of Council and City Clerk MINUTES Inter-office (minutes) Present: Karen Akalu, Laurie Crain- Anez, John Harkness, Philomena McCracken, Brian Smylski, George Vallo, Cheryl Wyllie, Roz Llewellyn (Staff) Regrets: Shalini Shahani Absent: Daniel Rodrique, Councillor Carolynn Ioannoni Guests/Volunteers: none GENERAL MEETING 1. Adoption of Minutes • Minutes of August 23, 2007 IT WAS MOVED BY George Vallo, seconded by Laurie Crain-Anez, that the minutes of the meeting of August 23, 2007 be approved with changes. Motion Carried 2. Business Arising • Networking Night Staff reported that there had been very little response from the community groups with regards to registering for the Networking Night, that was scheduled for October 16, 2007 from 7:00-9:00 p.m. at the MacBan Community Centre. It was suggested that the event be postponed until January, allowing. Eta S alter, Regional Advisor from the Ministry Citizenship, Culture, Sport & Recreation has offered her assistance in helping to plan an event that would generate more interest among the Niagara Falls arts community. IT WAS MOVED BY John Harkness, seconded by George Vallo, that the Networking Night be postponed until a Tuesday in January, depending on facility & speaker availability. Motion Carried • Member Resignations Staff reported that unfortunately due to a scheduling conflict, the Clerk was unavailable to attend this evening's meeting. He has confirmed that he will be attending the October meeting. • Community Arts Ontario Conference Staff reported that discussions with C.A.O. regarding the possibility of hosting a conference in May -2- 2009 have been ongoing. Staff expressed concerns that given the recent resignations and the lower member complement of the Committee, that perhaps hosting a conference is a task too ambitious to assume at this current stage. The Committee were reminded that they were having difficulty getting community groups to get involved in a simple Networking Night, and it would be even harder to convince the groups to participate in a provincial conference. IT WAS MOVED BY Laurie Crain-Anez, seconded by John Harkness, that the Committee withdraw their intention to host a C.A.O. conference until such time that the Arts & Culture Committee and the arts community in the City of Niagara Falls are better established to host an event of this nature. Motion Carried 3. Communications -none 4. Sub-Committee Report a) Planning (Policies to be dealt with under Planning rather than new business.} • Certificate Policy The proposed certificate policy that was submitted by the Planning Committee was reviewed and the Arts & Culture Committee as a whole made suggestions for further improvement. (See the revised policy proposal attached.) IT WAS MOVED BY Brian Smylski, seconded by John Harkness, that the Committee accept the policy and application form, as amended. Motion Carried Action: Staff will provide all members with copies of the final policy for their records. • Young Family Endowment Fund -Policy Changes Changes to the Young Family Endowment Fund Policy were presented including: changing the name to the "Alister Young Arts & Culture Endowment Fund", having one deadline per year and to combine the three granting categories into one. IT WAS MOVED BY John Harkness, seconded by Cheryl Wyllie, that the Committee accept the policy and application form, as amended, to include the name change, the deadline change to one per year, and to combine the three granting categories into one. Motion Carried b) Program & Public Relations Artfest and Community Art Challenge The itemized budget was provided. The Arts & Culture Committee suggested some changes to the bugdet -that the Miscellaneous category title be changed to include materials and that the $100 from the Honourariums be relocated into this category. Participating groups and artists are encouraged to donate their time & services to this community event, however a reimbursement (not to exceed $50.00) maybe sought to help cover the cost of materials IT WAS MOVED BY Cheryl Wyllie, seconded by George Vallo, to accept the proposed Artfest budget, as amended. And further that the expense for the storyteller be assumed by the Wall of Fame budget, as the storyteller will be performing as part the entertainment for the induction ceremony. Motion Carried -3- c) Awards - • Wall of Fame Staff gave the Committee an update on the details of the event planning. d) Finance -none 5. New Business • Stamford Collegiate Alumni Association Award - in memory of Barbarum Frum Nominations were presented to the Arts & Culture Committee to review and decided upon a winner, Two conflicts were declared during the discussion by: 1) Brian Smylski with regards to the nomination of Anthony J. Smith and by 2) Philomena McCracken with regards to the nomination of Peterson's Community Workshop. IT WAS MOVED BY Philomena McCracker, seconded by George Vallo, that Anthony J. Smith be awarded the Stamford Collegiate Alumni Association Award in Memory of Barbara Frum. Motion Carried. 6. Pending Items 7. Information Sharing 8. Adjournment IT WAS MOVED BY Philomena McCracken, seconded by Cheryl Wyllie, that the meeting be adjourned at 9:40 p.m. and that the next meeting be held on Qctober 25, 2007. Motion Carried S:\?.rts & Culture CommitteeUvlonthly Meetings\Minutes\2007\04. Sept 27.wpd Arts dz Culture Committee 1'"" ~~ ~ ; ~~~~~ j~S' Certificate of Recognition Policy Pur ose The purpose of the Arts & Culture Committee is to foster, develop, and unite artistic and cultural activities in the community. Through the presentation of the Certificate of Recognition, the Arts and Culture Committee. acknowledges the achievements and efforts of local arts and culture participants. Objectives The Certificates of Recognition will serve to: • Foster confidence and self-esteem in recipients • Indicate that the City of Niagara Falls recognizes and appreciates the artistic endeavours of its community • Promote and encourage the arts and culture community in Niagara Falls. Procedures 1. Application for Certificates of Recognition forms may be picked up at the Parks, Recreation & Culture office at the MacBain Community Centre (7150 Montrose Rd.) or downloaded from Arts & Culture website (www.artscenenia ara com) 2. Requests maybe made for Certificates ofRecognition by submitting a completed application form and returning it to the Parks, Recreation & Culture Department no later than 4 weeks prior to the date required. 3. Once the application has been received, the Arts & Culture Staff liaison will use the criteria listed below to determine eligibility of the request. 4. Having met eligibility requirements, the certificates will be issued and the requesting organization will be notified. Please note that organizations are responsible for putting the names of the recipients on the certificates. 5. Certificates must be picked up at the Parks, Recreation & Culture office between Monday & Friday from 8:30 a.m. - 4:30 p.m. 6. A list of all the certificate requests will be provided to the Arts & Culture Committee for information purposes. Criteria 1. The event must take place in Niagara Falls. 2. Events must be juried competitions. 3. The Arts & Culture Committee will only award certificates in recognition of achievement. Certificates indicating competition placement (1St, 2na' 3rd, etc.) will not be issued. 4. The artistic merit of the competition will be considered. 5. Evidence that the activities are reflective of the mandate of the Arts and Culture Committee will be required. 6. Evidence of the capacity of the organization to carry out the proposed activity will be required. S:\Arts & Culture Committee\Sub-Committees\Awards\Forms and Policy\Certificate of Recognition Policy & Criteria & Application Form -Sept 07.wpd N~~ga~a~alls City of Niagara Falls Parks, Recreation and Culture 7150 Montrose Road, Unit # 1 Niagara Falls, Ontario L2H 3N3 Telephone: 905-356-7521, ext. 3330 Fax: 905-356-7404 E-mail: prc@niagarafalls.ca Website: www.niagarafalls.ca or www.artsceneniagara.com ARTS & CULTURE COMMITTEE CERTIFICATES OF RECOGNITION APPLICATION Date of Submission: Date Required: RF,QGES'CI~`C CItOGP! O1ZG~1,i~~IlATIO!~~ Name of Group/ Organization: Name of Contact Person: Address: City: Postal Code: Email Address: Telephone Number-Day: Evening: E1'ENT llET_a1L5 Date of Event: Name of Event: Description of Event: Total Dumber of Cei<tificatcs Ileq~uircd: Please submit the a~mpletcd application form 4 «~ecks prior to ti°our e~~eni to: City- of Niagara Falls Arts & Cultui`e Committee Parks, Recreation and Culture I1'Iacl3ai» Conununity~ ('entre, 7150 ?1lontro5c Rd.. Gait 1, Niagara balls, ON, L2II 3~'3. Ur Fax to 9U5-356-7404 S:Wrts Bc Culture Committee\Sub-Comntittees\Awards\Forms and Policy\Certificate of Recognition Policy & Criteria & Application Form -Sept 07.wpd F I'~agar~~alls The Alister Young Arts & Culture Endowment Fund (renamed from the Young Family Endowment Fund) DEADLINE: MARCH 15 OF EACH YEAR Objective To support artistic development in the City of Niagara Falls. Eligibility Criteria • All individual applicants must be residents of the City of Niagara Falls and all organizations must be based within Niagara Falls and directly serve the residents of the City. • Applicants may submit only one application to each deadline. Applications to more than one award category, per deadline are not permitted. • Organizations that receive permissive grants from the City of Niagara Falls are not eligible for awards from the Alister Young Arts & Culture Endowment Fund. • Members of the Awards Committee are not eligible for individual awards. Award Categories Eligible projects must meet the criteria in at least one of the following categories. • Educational/InstructionAtyard * - to be used for program registration fees related to the pursuit of an arts, culture or heritage program from an accredited institution or instructor. • Materials & EquipmentAward * - to be used toward expenses incurred from participation in an arts, culture or heritage program. For example, for the purchase of consumables, like paints and music, or for the purchase of instruments or instrument repairs. Training c~ Career Development Award* - to be used by arts organizations' staff and/or members to enhance their own professional artistic development by participating in, or hosting a professional course of study, seminar, workshop or mentorship program. * Please note that for all award categories the following supporting documents must be provided: • Proof of accreditation from the institution instructor. If applicable, additional program information such as copies of program descriptions from brochures, etc. Formal business receipts or financial statements as proof ofpurchase/participation. (Financial statements and receipts are acceptable from the current year and up to one year previously.) Award Amounts • The total value of all awards for any one granting period will not exceed the annual interest yielded by the Alister Young Arts & Culture Endowment Fund. • In the past, the average amount of the awards issued has been between $75.00-$100.00 per applicant. • Please note that not all funds applied for will necessarily be granted. Should no applications meet the eligibility requirements, the Awards Sub-Committee reserves the right to carry the interest over until the next awards deadline. Evaluation and Assessment Procedure • All applications are subject to a juried competition. • The jury consists of the Awards Sub-committee of the Arts & Culture Committee, the Committee Staff Liaison, and one City Council representative. • The Awards Sub-committee Chair shall chair the Jury. • Conflicts of interest shall be made known where there is some relationship between the applicant and any Jury member. Final approval of the successful award recipients is given by Council at the recommendation by the Arts and Culture Committee. Awards notification will occur two months after deadline. Ali ster Young Arts & Culture Endowment Fund Award ~~~~~~~'~~~~~~' This application should be typed or printed in block letters. Please attach all additional documentation required. APPLICANT INFORMATION: Name: Permanent Address: Street City Province Postal Code Mailing Address (if different from the above) Street: City Province Postal Code Telephone Number: Home( ) Work( ) Email 1. .Are you a Niagara Falls resident? ^ YES ^ NO 2. Please indicate the award category for which you are applying. ^ Educational/Instruction ^ Materials/Equipment ^ Training/Career Development 3. Please indicate the amount of award money being sought? 4. Please provide further detail about how the award money will be used. (If more space is required, please include on a separate sheet.) The following items must be included with this application: _ additional program information (such as copies of program descriptions from brochures, etc.) _ copy of institution/instructor accreditation _ ofEcial business receipt(s) (as proof of enrollment, or proof of equipment purchases, etc.) Without the above documentation, the application will be considered incomplete and will not be eligible. Certification I confirm that I satisfy all eligibility requirements contained in the Alister Young Arts & Culture Endowment Fund Application Guidelines, and that the information in this application, including all attachments and support materials, is true and accurate to the best of my knowledge. Signature Date Please return to: The City of Niagara Falls Parks, Recreation & Culture cio The Niagara Falls Arts & Culture Committee 7150 Montrose Road, Unit # 1 Niagara Falls, ON L2H 3N3 DEADLINE There is only one application deadline and all forms must be received by MARCH 15th of each year. Applications received by the Niagara Falls Arts & Culture Committee after the published deadline date will be forwarded to the next application deadline. It is the applicant's responsibility to submit a complete application package, including all the required materials. The Niagara Falls Arts & Culture Committee will not accept any part of an application that is transmitted electronically (i.e. by email or by facsimile). The successful applicants will be notified by mail within two months of the application deadline. 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