Additions 2008/08/18ADDITIONS T® COUNCIL MONDAY AUGUST 18 200
Community Services
1. ~5-2008-44, Recquest for Extension - Kiwanis Agreement -staff
recommending deferral.
Council
Planning
1. PD-2008-74 ®fficial Plan and Zoning By-law Amendment Application
ANI-2008-013, Elgin Industrial Area - Cytec and Buttrey Street Areas
a) Correspondence from Bill Amadio, Broderick & Partners LLP
b) Correspondences from Aird & Berlis LLP, representing CrossLlnk Bridge
Corporation, requesting a deferral of a decision.
Communications
1. Additional information re: John Bevan request.
Reports
1. Property Standards Update re: C®-2008-11, Second Avenue Complaints
By-laws
Additional By-law
2008-145 A by-law to hereby authorize the execution of an Agreement with the
Federation of Canadian Municipalities for a Green Municipalities Fund to be
used for the City of Niagara Falls Strategic Transit Master Plan Ridership
Growth Strategy.
Information
1. Robert F. Keighan Neighbourhood Park Opening, September 13'" at 11:00 a.m.
2. E-mail from Bernadette Secco re: Hospital Committee
Page 1 of 1
Dean Iorficla - Imo: I~iwanas Request
Frown: "Brian McKeown" <BrianM@shabriproperties.com>
~'o: "Dean Iorfida" <diorfida@niagarafalls.ca>
Date: _ 8/ 13/2008_ 3:0_9 PM __ _ _ _ - - - - - -
Subject: RE: Kiwanis Request
Dean
Thanks for the update. I will be on holidays next week and would ask to defer until the next meeting.
Please advise
Brian McKeown
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BARRISTERS AND SOLICITORS
', ~roderick~PartnerslLP
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4625 ONTARIO AYE.
August 12, 2008
P.O. BOX 897
NIAGARA FALLS, ON
CANADAL2E6Y6 City of Niagara Falls
4310 Queen Street
TEL (905)356.2621 Niagara Falls, Ontario
L2 E 6 X 5
FAX (905) 356.6904
broderickpartners.com Attention: Manor Salci and Members of Council
Your Worship and Members of Council
J.J. BRODERICK
a.c.,L.s.M. Re: EI in Industrial Area
g.
Law Society Certified
CivllLidgafionSpeeiaust Official Plan and Zoning By-law Amendment Application;
City File AM-2008-013- City of Niagara Falls
w.A.AMADIO Lands owned by Sam LaRosa (4399 Buttery Street and 4202 Muir
J.B.HOPKINS Avenue); LaRosa and Carrie Enterprises Limited (4651 Buttrey
A
KIRKHAM
G Street); Pentacron Investments Limited (4564 Ferguson Street).
.
.
I.M. GILBERTI We represent Sam LaRosa who either owns the above noted property
Fluent inltalian&French personally or through a controlling interest in Pentacron Investments
R. B. BURNS Limited and LaRosa and Carrie Enterprises Limited ("LaRosa Property").
Mr. LaRosa has owned property in this area since 1969. Over the years
E.P. LUSTIG he has shouldered the onerous tax burden that owners of industrial
M. DiGIROLAMO property have to pay in the City of Niagara Falls. He has either operated
a business or leased his properties to tenants who operated businesses
D. F.MARINELLI permitted under the General Industrial Zoning By-law of the City of
(1945.1997) Niagara Falls.
Now it has come to his attention that the City of Niagara Falls is
contemplating a change of zoning for his property which would take away
many potential business opportunities.
Mr. LaRosa attended two public meetings with the consultants concerning
the Elgin Industrial Area and was told at the meetings by the consultants
that they would meet with him before any recommendations went
forward. He is quite upset that as a large land owner in the area the
individual consultation by the consultants never took place.
-2-
His position on the official plan amendment and re-zoning is quite simple. Leave his
property "as is". He has paid tax on the existing general industrial zoning since 1969
_ _ __ and does not want the loss of opportunity which the proposed by-law and official plan
amendment would bring. More over, Mr. LaRosa's properties for the most part are
across from the railway lands and as such are suitable for a general industrial zone.
On behalf of our client we strongly urge council to reject the proposal that is before
you and leave Mr. LaRosa's properties zoned general industrial in accordance with their
historical zoning and use.
Yours very truly,
RRODERICK & PARTNERS LLP
~~ ~._._
.~C~'~
WILLIAM A. AMADIO
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08!1612008 08'04 FAQ 416 $63 1615 AIRD & BERLIS LLP
AIRS ~EFPLIS ,--
Bar[istets and Solicitors
PeVicle A. Form
direct: s19.995.3425
[5•mall: ptoren~alydherlia.cam
August ~~, 2008
VIA FACSIAgILE ~ EMAIL Ijcouo~cill~ltiiagaralfallls.ca)
City Hall
P.O. Box 1023
4310 Queen Street
Niagara Falls, QN L2E 6X5
Attention Mayor Saki and Members of Council
Dear Sirs:
File No. 99972
~ 002/003
Re: Public AAeeting and Staff Report PD-208-74
AAA-2008-013, mff'icial Flan and Zoning By-law Ar~aendrnents
Elgin Industrial Area - Cytec and Buttrey Street Areas
Iraurticil Meetiotg August 18, 2008
Acrd and Berlis LLP have been retained by Cross~ink Bridge Corporation, respecting the
proposed OfFcial Plan and zoning amendment initiated by the City respecting lands
located within the Buttrey Street Area. The purpose of this letter is twofold: first, to
request that CrossLink's representatives be listed as a deputation at Council's public
meeting respecting the above-captioned matter, on Monday, August ~8, 2008-
In addition to the foregoing, as Cauncil and Staff are aware, our clients hl3ve expressed at
previous public meetings, their intentions respecting the CN lands south of Buttrey Street,
and their concerns regarding the direction for the future development of this area, as
reflected in the proposed Official Plan and zoning amendment respecting the Buttrey
Street Area. Those concerns remain outstanding. ,
Council is presented with a significant opportunity to achieve a number of City objectives
and to reinforce other strategic iacatians within the City, thraugh the redevelopment of this
important area. It is our client's desire that Cauncil not forego those opportunities thraugh
the approval of a light industrial and special policy area designation, as recommended in
the Staff report before you for consideration.
Wa would respectfully request that Cauncil defer its decisimn ~n th® Buttr®y Street
area Official ]Plan and caning amendment, far a period of 90 days, sa as to pernoit
our client to present to Caurocll Its developrvoelrot proposal, lotcluding supporting
land use planning rationale. The deferral would enable Council to have available to it
the best available information regarding the future land use options for this area, on which
to base its decision for this area. - -
6rookfield date, 1g1 B8y Street, Suite 184Q, Box 754 . Toronto, DN - M51 2T4 . Canada
T -016,863,1500 F 416.863,1515
www.airdberlls.com
0$/15/2048 08:04 FAX 416 863 1515 AIRD & BERLIS LLP f~003/003
August 14, 2008
Page 2
As noted above, CrossLink and its representatives will be available at the public meeting
on Monday, and would appreciate the opportunity to speak to this request.
Yours ve truly,
AIRD & RLIS L
Pa~'i~'a A.~Foran
Cro slink Bridge Corporation
R. radv
4264508.1
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ga~.roB.nd sd,~~
0$f15f2408 07:58 FA7{ 416 $63 1515 AIRD & BERLIS LLP
t~t~,P] ~i ~~LI~ >i,~
$artisters and Solicitors
Patricia A. Koreq
Dlr~ct: 476.985.6426
Email: ploran~alyd44Ais,com
August 14, 2Q0$
VIA FACSII~AII-E (9a5.356.9083~
City Hall
P.D. Box 1023
4310 Queen Street
Niagara Falls, CN L2E 6X5
Attention: Clerk
Dear Sir/Madam:
File Na. 98972
~ 002f002
RQ. pu136ic NleetEng and Staff Repmrt PD-~0$-74
ANl-2008-013, ®fFicial Plan and Zoning By-Ilaw J4r>rae~rndments
Elgin Industrial Area - Cytec and But4rey Str$et Areas
Covreci9 Meetln Aa>I arst'i$ z0a8
Please consider this letter as a formal request on behalf of CrossLink Bridge Corporation
far deputant status for each of the following individuals at Monday's public meeting:
1. Mr. Jay Valgara (Studio V Archi#ecture);
2. Mr. Richard F. Brady, M. A., MCIP, RPP, Urban ~ environmental Management
Inc.;and
3. Mr. Steven Zakem, Aird and Berlis LL.P.
If you require any furth®r irlformatlan regarding the foregoing, please do not hesitate to
contact the undersigned.
Yours very truly,
AIRD RLIS LLP
Patric) A. Foran
PAF/gt
cc: R. Brady
4265247.1
9rookfield Place, 181 bay 5treel, Suite 1600, Box 754 • Toronto, ON . M5J 2T9 • Canada
T 41fi.8fi3 1500 F 416,8fi3,1515
www.sirdberlis.cpm
Page 1 of 1
Dean Y®rfada -Really Street End
From: Dean Iorfida
To: Shirley Fisher
_ _ Subject: _ Reilly Street_End
CC: John MacDonald
Hi Shirley:
Got your voice mail re: the John Bevan request for the Reilly Street end.
Although Mr. Bevan's letter referred to two supporting letters, at the time of production of the Council agenda,
we did not have the support letters. In light of the recommendation to Refer to Staff, I was not that concerned
that the support letters had not arrived yet.
I have subsequently received the two letters from Jay Mason and Linda McRae, both supporting the request and
withdrawing their own requests for the street end.
Call me if you have any questions.
Thanks
Dean
about:blank 8/15/2008
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1~-~oooMcLeod Road
Suite 32i
Niagara Falls, Ontario
L2G ~I~
~/ Te1905-295-7699
/ Fax 905-295-3242
__ _ ___ _ __ _ _ _ _ e-mail CDOA a sympatico.ca _
August 1 1, 2008
Councillor Carolyn loannoni, Chair
Community Services Committee
4310 Queen Street
Niagara Falls, Ontano
LZE 6X5
Dear Madame Chair;
Re/ our application for the Reilly Street end lease April 2007
Please accept this letter as our formal withdrawal of the aforementioned application for
the Reilly Street end properties
It was determined by our Executive on August 10, 2008 that this application was no
longer in the best interests of our not-for-profit organization
"maintaining the lands... while enjoying the privileges "
Chippawa Dock Owners Association
Jav Mas®n
August 11, 2008
Carolynn Ioannoni, Chair
And Committee Members
Community Services Committie
4230 Front Street
Niagara Falls, Ontario, L2G 6G8
Dear Madame Chair:
Re/ Reilly Street road allowance lease
Please include this letter with the documents for consideration of Mr. John Bevan's
application for the aforementioned lease. I write this as both a neighbouring property and
Chair of the Chippawa Dock Owners' Association (CDOA).
John is a lifelong resident of Chippawa and Niagara Falls having been the owner of
Bevan's Shell (fuel and repair) on Cummington Square for many years, a business he
bought from his father Jack as an ongoing enterprise. He continues to lease those
premises to car related businesses year on year.
After reviewing Mr. Bevan's plans, the CDOA executive has decided (by unanimous
vote) to withdraw their prior application for the Reilly Street end. We believe Mr.
Bevan's plans represent the highest and best use under our mandate to increase the
number of property owners with direct access to the Creek, while providing important
rights-of--way to our partners, the City of Niagara Falls and OPG.
Since y,
C /
y Mason
4230 Front Street, Niagara Falls, Ontario 905.228.0303 maseRace@yahoo.com
~~~da MacRae
August 6, 2008
Community Services Committee
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
To whom it may concern;
On a previous occasion (2002) I have expressed an interest in leasing the city-owned Reilly Street end
properties under the terms of the standard city lease agreement.
I fully support John Bevan's application for the Reilly Street end lease, and if he is given the lease I will
withdraw my application.
I reserve the right to reapply should Mr. Bevan not be successful in acquiring the lease.
Yours truly,
-~~ ~~ ~.~
Linda MacRae
4223 Front Street, Niagara falls, Ontario L2G 6G9
Page 1 of 1
Dean I®rfida - re: 4929 Bridge St.
Frosn: Brian Sparks
~o: Dean Iorfida
®ate: 8/13/2008 2:17 PM
SuCsject: re: 4929 Bridge St.
CC: John Castrilli
It is 4917 Bridge St. that the balcony was installed and it was not up to building code standards when I
investigated, so I passed it along to the Building Dept..
It did have railings and guards on it, but some of the construction was not to code but not unsafe. The
contractor I met on site that day said he was going to repair it.
It appears the rebuilt of the stairs was done after a new roof was put on the lower building below but with the
added balcony /deck being attached to the existing steel exit stair, it was deemed he should get a permit.
brian
»> Dean Iorfida 8/13/2008 2:03 PM »>
Thanks Brian.
Which was the property with the unprotected 2nd Floor balcony (4917?). has that been rectified?
Let me know.
Dean
»> Brian Sparks 8/13/2008 2:00 PM »>
Dean -
the property at 4929 Bridge St. (corner of Second Ave. and Bridge St.) is now cleaned up
The property at 4917 Bridge St. which has a stairwell rebuilt in the rear of the building to the second floor had
the complaint forwarded to the Building Dept. for a BWOP.
The Fire Dept. and P/S attended most of the inside of the building and are dealing with the appropriate issues
The owner is licenced for a automobile service repair shop.
thx
brian
file://C:\Documents and Settings\di202\Local Settings\Temp\XPGrpWise\48A2ED04Dom... 8/15/2008
CITY OF NIAGARA FALLS
By-law No. 2008 -
A by-law to hereby authorize the execution of an Agreement with the Federation of Canadian Municipalities for
a Green Municipal Fund to be used for the City of Niagara Falls Strategic Transit Master Plan Ridership Growth
Strategy. _
WIIEREAS Niagara Falls City Council on January 14, 2008 approved the undertaking of a Transit Strategic
Business Plan and Ridership Growth Strategy (herein called the "Study"); and
W>EIEREAS the Studywill provide clear direction for the City ofNiagara Falls to achieve reductions in vehicular
traffic in the major tourism areas, provide an integrated public transit system for the tourism area, provide a
transit policy framework, identify and develop service, management, infrastructure and financial plans, amongst
other objectives; and
WIIEREAS an application was made to the Federation of Canadian Municipalities (herein called FCM) for
funding for the Plan under FCM's Green Municipal Fund (herein called GMF); and
WIIEREAS the GMF assists municipal governments to lever investments in municipal environmental prof ects
and to, inter alia, provide grants for feasibility studies, assessments, sustainable community plans and field tests
respecting such proposed projects; and
WI3EREAS FCM has committed to contributing a grant equal to fifty percent (50%) of eligible costs up to a
maximum grant amount of one hundred thousand dollars ($100,000)
TIIE COiJNCIL OF TIIE CORPORATION OF TI-l[E CITY OF NIAGARA FALLS ENACTS AS
FOLLOWS:
An Agreement made between the Federation of Canadian Municipalities and the Corporation of the City
ofNiagara Falls as Corporation, respecting a Green Municipal Fund grant to be applied to City ofNiagara
Falls Strategic Transit Master Plan Ridership Growth Strategy, as attached hereto, is hereby approved and
authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Agreement.
Passed this eighteenth day of August, 2008.
........................................................
DEAN IORFIDA, CITY CLERK
..............................................................
R. T. (TED) SALCI, MAYOR
First Reading: August 18, 2008
Second Reading: August 18, 2008
Third Reading: August 18, 2008
Page 1 of 1
Dean I®~-fida -Rea H®spital C®rv~rnittee
From: Dean Iorfida
To: Bernadette Secco
®ate: 8/15/2008 10:30 AM
Sub,~ect: Re: Hospital Committee
Hi Bernadette:
Thanks. I will forward this to Council for their information.
Point of clarification, although I am not sure how it was determined which Councillors would sit on the
committee, however, the decision to form a committee was widely broadcast in a number of a-mails that went
back and forth between Council members. So all Council members would have been aware of the call to form
such a committee.
Thanks
Dean
»> "Bernadette Secco" <bernadette.secco@bellnet.ca> 8/14/2008 2:32 PM »>
Dean:
It would be appreciated if you could please forward the following comment to Mayor and Council.
Thank you,
Bernadette Secco
*************************
Mayor and Council:
In my opinion, there is no acceptable excuse for Councillors loannoni, Diodati and Thomson striking a committee
without a motion and ratification by council. Combined, the three councillors have enough municipal experience
to know the rules and procedures of the Municipal Act. Challenging Mayor Salci because he insists the rules be
followed is in my opinion, a transparent attempt to divert attention from the facts.
believe during the last municipal campaign, all the councillors signed a commitment to Niagara Falls Citizens
for Democracy that you would uphold and maintain openness, transparency and democracy if elected. So
please, set egos and pettiness aside and focus your energies and attentions to the life and death impacts of the
NHS proposal.
Respectfully,
Bernadette Secco
file://C:\Documents and Settings\di202\Local Settings\Temp\XPGrpWise\48ASSAAADo... 8/15/2008