Protect Our Parks

pl-20603-jan-22-2001_i.pdf

Let these people know what you think about the proposed changes to the Marina and Cairns Crescent Development.

-Protect Our Parks protect_our_parks@yahoo.ca

-Ontario Public Service Employees Union marina@opseu217.com

-Kim Craitor, MPP (Niagara Falls) kcraitor.mpp.co@liberal.ola.org 905-357-0681

-Peter Cormos, MPP (Welland) pkormos-qp@ndp.on.ca 905-732-6884

-Peter Fonseca, Minister of Tourism pfonseca.mpp@liberal.ola.org 1-416-326-9328

-Douglas Martin, Mayor (Fort Erie) ckett@forterie.on.ca 905-871-4022

-Dalton McGuinty, Premier of Ontario dmcguinty.mpp.co@liberal.ola.org 1-416-325-1941

-The Niagara Parks Commission npinfo@niagaraparks.com 905-356-2241

-Niagara Falls Review niagarafallsreview.ca 905-358-5711

-Niagara This Week letters@niagarathisweek.com 905-688-2444

-Friends Of Fort Erie Creeks friends.of.forterie@bellnet.ca 905-871-3050

(H) REPORT NO. CDS-116-05 – NIAGARA PARKS COMMISSION MARINA – JOINT STEERING COMMITTEE
Recommendation No. 14
Moved by: Mayor Redekop
THAT: Council authorize the establishment of a Joint Steering Committee with the Niagara Parks Commission to investigate land use and development opportunities with respect to the Niagara Parks Marina and associated lands, and further
THAT: Council authorize the preparation of Terms of Reference for the above noted Steering Committee and that the Terms of Reference be presented to Council for consideration and adoption, and further
THAT: Council authorize notice in order to seek and select citizen appointees to the above noted Steering Committee. (CARRIED)

Support of Fort Erie/Niagara Parkway Marina Proposal
Resolution No. 26
Gorham-Lewis
THAT: The Municipal Council of the Town of Fort Erie hereby supports a public/private partnership for development of the Niagara Parks Marina provided there is a public, open and transparent process regarding any such development. (CARRIED)

The Municipal Corporation of the
Town of Fort Erie
BY-LAW NO. 205-05
BEING A BY-LAW TO ESTABLISH THE
FORT ERIEINIAGARA PARKWAY MARINA STEERING
COMMITTEE
WHEREAS By-law No. 144-99 was passed by the Municipal Council of the Town of Fort Erie on the
16th day of August, 1999 to authorize the entry into a Strategic Alliance Agreement with the Niagara
Parks Commission, and
WHEREAS the purpose of the agreement was to strengthen the shared vision of preserving the natural
beauty of parklands while jointly exploring new ventures, finding the means to implement identified
and future opportunities in tourism, economic, heritage and recreational developments in and along the
Niagara River within the boundaries of the Town of Fort Erie, and
WHEREAS By-law No. 106-200 1 was passed by the Municipal Council of the Town of Fort Erie on
the 18″‘ day of June, 2001 to adopt the Fort Erie Tourism and Leisure Master Plan, and
WHEREAS the said plan makes reference to the Niagara Parks Commission marina located on the
Niagara Parkway in the Town of Fort Erie whereby it presents a considerable opportunity for Fort Erie
to expand the resident and transient boating market by partnering with the Commission to redevelop
and expand the facility, and
WHEREAS Report No. CDS-116-05 was approved at the Council-in-Committee Meeting of
September 19,2005 as follows:
THAT:Council authorize the establishment of a joint Steering Committee with the Niagara Parks Commission to
investigate land use and development opportunities with respect to the Niagara Parks Marina and associated
lands; and
THAT:Council authorize the preparation of Terms of Reference for the above-noted Steering Committee and that
the Terms of Reference be presented to Council for consideration and adoption; and
THAT:Council authorize notice in order to seek and select citizen appointees to the above-noted Steering
Committee, and
WHEREAS Report No. CDS-116-1-05 was approved at the Council-in-Committee Meeting of
November 7,2005 as follows:
THAT:Council adopt the Terms of Reference for the Fort Eriemiagara Parkway Steering Committee attached
as Appendix “2″ to Report No. CDS- 1 16- 1 -05; and
THAT:The EDTC recommends appointees to the Steering Committee as per the Terms of Reference, and
By-law No. 205-05 Page Two
WHEREAS it is deemed desirable to establish the Fort Eriemiagara Parkway: Marina Steering
Committee, its composition thereof and terms of reference as annexed hereto as Schedule “A” to
this by-law;
NOW THEREFORE the Municipal Council of The Corporation of the Town of Fort Erie hereby
enacts as follows:
1. THAT the Fort Eriemiagara Parkway: Marina Steering Committee (hereinafter be referred to
as the “Steering Committee”) be and it is hereby established.
2. THAT the Steering Committee shall be composed of ten (10) members as follows:
Mayor (Ex Officio) Member of Council (1)
Niagara Parks Commission Member (1) EDTC Chairman (1)
Niagara Parks Commission Staff (1) EDTC General Manager (1)
Community Stakeholders (4)
3. THAT the Steering Committee shall have a term of six (6) months f?om the date of passage of
the by-law and any term extensions and appointments may be granted by resolution of Council
and the Niagara Parks Commission.
4. THAT the Terms of Reference for the Steering Committee in the form of Schedule “A”
annexed hereto to this by-law be and they are hereby approved and adopted.
5. THAT pursuant to the provisions of Section 227 of the Municipal Act, 2001 the Clerk of the
Town of Fort Erie is hereby authorized to effect any minor modifications or corrections of an
administrative, numerical, grammatical, semantical or descriptive nature or lund to the by-law
and schedules as may be necessary after the passage of this by-law.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14′~D AY OF
NOVEMBER, 2005.
CLERK
I, Carolyn J. Kett, the Clerk, of The Corporation of the Town of Fort Erie hereby certifies the foregoing to be a true
certified copy of By-law No 205-05 of the said Town. Given under my hand and the seal of the said Corporation this
day of , 200 .
SCHEDULE “A” to BY-LAW NO. 205-05
O N T A R I O
Fort ErielNiagara Parkway:
Marina Steering Committee
TERMS OF REFERENCE
November 2,2005
Fort Erie/
NIAGA RA PARKWAY: MARINA STEERING COMMITTEE
TERMS OF REFERENCE
SECTION 1 NAME & PURPOSE
1.01 The official name shall be the “Fort Erie/Niagara Parkway: Marina Steering
Committee “.
1.02 The purpose of the Steering Committee is to investigate land use potential
with the goal of exploiting significant and complementary development
opportunities with respect to the Marina and associated lands.
1.03 The Steering Committee shall provide advice and recommendations to the
Niagara Parks Commission and the Town of Fort Erie on the marina
development as an economic development tool to support and sustain
current operations as well as the potential to build on this asset by capturing
more of the resident and transient boating market. Decisions and
recommendations of the Steering Committee do not bind in any way the
Niagara Parks Commission or Town of Fort Erie.
1.04 The Steering Committee shall study the Niagara Parkway Marina facility and
associated lands in order to provide recommendations to the Town of Fort
Erie and the Niagara Parks Commission that may result in a shared,
sustainable development vision, which addresses its total potential. This
vision will explore innovative venture partnerships and means to implement
identified and future opportunities in tourism, economic, heritage, recreational
and specialty residential development.
1.05 It is envisioned that the Steering Committee may, in the course of performing
its duties, determine that additional roles and responsibilities are necessary.
So as not to compromise the scope of the assignment, the Committee may
engage in new tasks as required.
SECTION 2 COMPOSITION & MEMBERSHIP OF STEERING COMMITTEE
2.01 The Steering Committee shall be managed by the Fort Erie Economic
Development and Tourism Corporation with representation as follows:
Mayor (Ex Officio)
One Appointed Member of Town of Fort Erie Council
One Appointed Member of Niagara Parks Commission
One Appointed Staff of the Niagara Parks Commission
Chairman of the Fort Erie Economic Development and Tourism Corporation
General Manager, Fort Erie Economic Development and Tourism Corporation
Four at large Appointees recommended by the Fort Erie Economic Development
and Tourism Corporation and approved by the Niagara Parks Commission
Fort Erie/
NIAGARA PARKWAY: MARINA STEERING COMMITTEE
TERMS OF REFERENCE
2.02 The Chair of the Fort Erie Economic Development and Tourism Corporation
shall be the Steering Committee Chair.
2.03 The Vice Chair shall be a Member of the Niagara Parks Commission
2.04 All appointees must be bound to honour the confidentiality required by the Fort
Erie Economic Development and Tourism Corporation in dealing with requesting
and managing a request for business proposals and as a condition of
appointment, all Steering Committee members will be required to sign an
agreement of confidentiality with the Fort Erie Economic Development and
Tourism Corporation binding Steering Committee members to that condition of
performance.
2.05 No member of the steering-committee may have a conflict of interest with
respect to fiduciary or financial gain in any of the proposals submitted or their
advice to the committee and must be able, at all times to declare they have an
absence of financial interest in the project.
2.06 The Appointees at large must be resident taxpayers in the Town of Fort Erie.
2.07 If a Steering Committee Member, including the Chair, Vice-Chair, is absent from
three (3) regularly scheduled meetings, that individual shall forfeit membership
unless the individual has previously obtained a leave of absence from the
Steering Committee.
SECTION 3 REPORTING RELATIONSHIP OF STEERING COMMITTEE
3.01 Upon completion of the project, the Steering Committee shall submit to the
Council of the Town of Fort Erie and the Niagara Parks Commission copies of
all minutes, including reports and strategies as required.
SECTION 4 TERM
4.01 The Steering Committee shall have a term of six months from the date of
passage of the appointment by-law(s). Term extensions and appointments
may be granted by Resolution of Council and the Niagara Parks Commission.
SECTION 5 QUORUM AND MEETINGS
5.01 A majority of the Steering Committee Members shall form a quorum for the
transaction of business. The Members may hold its meetings at such place
or places as it may from time to time determine.
Fort Erie/
NIAGA RA PARKWAY: MARINA STEERING COMMITTEE
TERMS OF REFERENCE
SECTION 6 RECOMMENDATIONS, DECISIONS AND VOTING
6.01 Recommendations and Decisions of the Steering Committee, pursuant to
Subsection 1.03, are to be made on a consensus basis. If a vote is required,
decisions will be based on a majority vote of the Members present, in which
case each member is entitled to one (1) vote. In case of an equality of votes
the Chairman shall cast a vote. The reason for dissenting votes will be
recorded but there will be no record as to who cast the votes, either for or
against.
SECTION 7 DUTIES OF CHAIR AND VICE-CHAIR
7.01 The Chair shall preside at all meetings of the Steering Committee. During the
absence of the Chair, the Vice-Chair shall assume the duties and
responsibilities of the Chair.
SECTION 8 BOOKS AND RECORDS
8.01 The Steering Committee shall ensure that all necessary records of the
Steering Committee or any applicable statute or law are regularly and
properly kept.
8.02 At the conclusion of the term of the Steering Committee the Chair shall
ensure that the Town of Fort Erie and the Niagara Parks Commission
receives all records and documents arising out of the business of the
Steering Committee.
SECTION 9 SUPPORT SERVICES TO THE STEERING COMMITTEE
9.01 In order to achieve ther~ll goals of[lzl the Steering Committee may request
from the Town of Fort Erie andlor the Niagara Parks Commission any
information and support as deemed necessary.

Niagara Falls Review

March 18, 2007

Niagara Falls MPP Kim Craitor will reintroduce his Great Lakes Right of Passage bill Thursday.

Last April, Craitor called on his Liberal government to guarantee the public’s right to walk freely along the Great Lakes waterfront from water’s edge up to the high water mark. It’s a big deal in Fort Erie, where private landowners are limiting public access to Lake Erie’s waterfront.

In recent years, the building of fences to prohibit people from walking the shoreline has accelerated on Lake Erie, members of the Ontario Shorewalk Association argue.

Through Craitor’s private member’s bill, fences that block passage would have to be removed to comply with the act.

However, after receiving first reading in the most recent session of the legislature the bill came to a halt as a result of the October provincial election. It has to be reintroduced in the new session of parliament for further deliberation.

In the past, some landowners voiced concerns that the bill - if approved - could have negative side effects near their private properties.

Private property rights will remain intact if the bill passes, Craitor had said, but it would be an offence for a property owner to build or reshape shore lands to impede public right of way. Access to the shore would have to be over public lands and not over private property above the high water mark, he said.

The act would not permit the public to put down blankets or party on the site, only to use the area for walking rights, he said, adding no motorized vehicles will be allowed.

ALISON LANGLEYTuesday, July 31, 2007 - 07:00

Local News -

FORT ERIE – The future of the former Niagara Parks Commission Marina is expected to make a splash with boaters.

Warren Dac Investments, a private firm which recently took over day-to-day operations of the Niagara River Parkway marina held an informal grand opening Tuesday at the newly-named Miller’s Creek Marina.

The company, which has signed a 99-year lease with the NPC to run the facility, has big plans for the property.

Proposed developments include a 500-slip marina, hotel, restaurant and a 150-unit condominium complex complete with private slips.

Time lines for various phases of the development have not yet been set as environmental and engineering studies need to be done on the property, said Bob O’Dell, Warren Dac spokesman.

“With the completion of the studies, the shoreline architect can then design the new marina,” he said.

He expects the new marina to be completed by 2009.

While construction is underway, seasonal boaters will have their vessels relocated to Marlon Marina in Port Colborne.

“This is a great opportunity but it’s only a few steps of a thousand to be taken. If everything goes according to plan, the marina will be the jewel on the river,” said Christopher George, of Marlon Marina.

The future jewel is rich in history.

In the early 1900s, the site was home to Miller’s Creek Shipyard, which supplied boats to allies during the First World War.

The NPC purchased the land in 1965 and opened a small marina.

The private firm took over management of the marina in May and renovated the existing building, added a patio and improved landscaping.

Once the project is completed, Miller’s Creek Marina will be the only port of entry for boaters entering Canada on the upper Niagara River.

Boaters will be able to clear Canada Customs at the marina and then take in the sights of Niagara.

“We very much want to encourage boating tourism,” O’Dell said.

By Doug Draper, Reporter’s View

Feb 22, 2008

These cold, gray days of February may make it hard for many of us to imagine enjoying a walk, in short sleeves and sun glasses, along the shores of Lakes Erie or Ontario.

Yet for those of us who long for those moments, we may take comfort in knowing that we’re really not all that far away from the warmer days of spring and summer when we can do that — to the extent there is anywhere left along Niagara’s shores of the Great Lakes we still have access to.

Thanks to more than half a century of provincial and municipal lethargy that continues to see buyouts of parks, nature sites and other lakeshore lands by private owners who proceed to slam fences and No Trespassing signs right down to the waterline, there are few places left for residents and visitors to our region to spend a few moments enjoying our Great Lakes unless they are willing to pay a fee at a toll gate.

The way things are now, we’re rapidly approaching a time when there will be no place left for anyone to enjoy a few free moments, kicking a little sand between their toes along the shores of Lakes Erie or Ontario. Thanks to the continued apathy or willing complicity of too many of our provincial, regional and local municipal leader, we’re facing the day when a walk along Niagara’s shores of the Great Lakes will be the exclusive right of those with the means to purchase a condominium or home in a gated community along the lakes’ shores

That is why a private members’ bill, being tabled in the provincial legislature this winter by Kim Craitor, a Liberal MPP for Niagara Falls, whose riding includes Fort Erie and Niagara-on-the-Lake, should draw the support of all of us who believe the Great Lakes are a public resource we not only have a responsibility to protect and preserve for present and future generations, but a right to enjoy.

Earlier this February, Craitor braved freezing winds sweeping off Lake Erie to walk whatever shoreline we — the public — still have access to with Stephen Passero, a Fort Erie resident and president of the Ontario Shorewalk Association. And it wasn’t long before the pair was cut off by one of those makeshift fences, declaring an entire stretch of the beach, right down to the waterline, as the exclusive domain of someone living in a private house on the bluffs somewhere up above.

“It is not the right thing to do,” said Craitor to a Niagara This Week reporter of one of many such barriers lakeshore owners have taken upon themselves to erect right down to the water, with little or no protest from others in our governments. “The public should have the right to walk the shoreline along our Great Lakes.”

To that end, Craitor is tabling a private member’s bill that is not about taking away any of the rights of owners of properties along our lakeshores to enjoy their properties. It is only about offering the rest of us the same rights available to people in many other jurisdictions along the Great Lakes, and Atlantic and Pacific ocean fronts, to have access to a few metres of sand or shale along the shoreline.

This is not the first time Craitor has tabled this bill. He tabled the same bill last year with little or no support from other members of the provincial legislature, or from regional or local municipalities in Niagara, with the result that the bill died when the legislature recessed for a provincial election.

This time, Premier Dalton McGuinty and his government should demonstrate the vision and courage to pass a bill that will ensure every member of the public has at least some access to the shores of one of the greatest natural resources in the world.

The fate of this bill should not only rest on support from the McGuinty government.

Support should also come from members of the opposition and from any and all representatives of our regional and local municipal governments who believe in at least some public access to the Great Lakes shores.

We’ve already seen too many shoreline areas lost or all but lost, from a popular old beach many locals remembered as “the sand hills” near the border of Port Colborne and Wainfleet, to the Easter Seals Lakewood Beach camp in Wainfleet and possibly a natural gem known as Marcy’s Woods in Fort Erie.

Craitor’s bill must be passed, not only for the sake of our own quality of life, but for the sake of Niagara as a destination for new residents and tourists to this region. We will all be poorer if we lose what little access we have left to our shorelines.

What is Crown Land or a Crown Land Tenure?

Crown land is land or land covered by water (e.g. rivers, lakes, ocean seabed) owned by the provincial or federal government that are unoccupied and exempt from taxation. A Crown land tenure is an agreement between an individual or company to lease this land from the provincial or federal government. Tenures are granted for specific purposes and periods of time.

Assessment of Crown Land Property

When Crown land is occupied (whether leased or not), it becomes subject to assessment and taxation. The assessed value of the land is based on its market value as if it were private land, not on the value of the Crown lease.

When completing the assessment, the assessor considers any restriction placed on the land by the Crown. However, neither the duration nor the value of the lease is considered. Many Crown leases are granted for farm use and those assessments are based on a special schedule of rates that considers the value of the land as farm without regard to its value for other purposes.

Crown Land and Property Taxes

Occupiers of Crown land are required to pay property taxes. Payment of property taxes, in addition to the rental fee, is a condition of many Crown land leases, licenses, permits, rights of way or easements.

Property assessments of Crown land are based on the value of the land as if it was owned outright by the occupier. Even if the lease costs less than the purchase price, the land is valued as if it was owned outright.

• If a Crown land tenure is acquired in a rural area on or after January 1, property taxes are not levied for that year. Instead, the tenure is entered on the next Assessment Roll and the occupier becomes liable for taxes the following year.
• If a Crown land tenure is acquired in a municipal area on or after January 1, property taxes are pro-rated from the date of occupation through to termination of the lease.
• When a Crown land tenure is cancelled, expires, or is abandoned, the full amount of property taxes is due and payable in the year the tenure is terminated. Once terminated, the Crown tenure is removed from the following year’s Assessment Roll.
• If a Crown land tenure ends during the year, tenants are responsible for taxes that apply up to the date the tenure ends.
• When a Crown tenure is acquired by way of an assignment (e.g., of a lease or license), the new occupier assumes liability for all unpaid property taxes. Before agreeing to an assignment, it is important to enquire about the status of the property’s tax account by contacting the local municipal office.
• When a Crown tenure is cancelled and a new tenure for the same property is issued, any unpaid taxes for the previous tenure remain the responsibility of the previous occupier.
• To cancel Crown tenure, contact the Land and Water British Columbia Inc. office closest to the tenured land. You must receive written confirmation of the cancellation by December 31, or you will be liable for taxes for the following year.