Regular Council in Committee

THAT:Council Rules of Procedure be waived and the order of the agenda be altered: 1. To conduct the public meetings under the Drainage Act by hearing the Baer Municipal Drain first and the Schooley Municipal Drain second; 2. To consider Report No. IS-31-10 (Baer Drain) and Report No. IS-32-10 (Schooley Drain) following the public meetings under the Drainage Act; 3. Following the delegations under Community and Development Services and the consideration of Report No. CS-24-01-10, that Council move into Corporate Services to hear the delegation and to consider SPCA Report No. CS-33-10, thereafter returning to the Community and Development Services section of the agenda, and further THAT:The minutes shall reflect the order of the agenda, as printed. (

THAT:Report No. CDS-33-10 regarding South Coast Village at Crystal Beach Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment located on the east side of Erie Road, south of Graeber Avenue and north of Crystal Beach Drive be received for information purposes, and further THAT:A report on the Draft Plan of Subdivision, Official Plan and Zoning By-law amendment be presented to a future Council-in-Committee Meeting with the recommendations subsequent to the Public Meeting. (

THAT:The Public Information Process for the Gateway Secondary Plan be initiated, including both an initial Open House and a subsequent statutory Public Meeting. (

THAT:Council hereby receive Report No. CDS-35-10 for information purposes, and authorize staff to conduct a public consultation process to receive input from the community regarding preferred location and configuration of an off-leash dog park. (

THAT:Paragraph 1 of the recommendation be and it is hereby amended by increasing the cost of the project by $56,000 with the reinstatement of the small (beginner bowl, extension wall and simplification of minor elements in the street park), and THAT:Staff investigate possible funding sources. (

THAT:Mr. Stephen Passero, Chair of the Skatepark Committee be permitted to address Council as a delegation. (

THAT:Paragraph 1 of the recommendation be and it is hereby amended by reinstating $36,000 to the project to facilitate the small bowl (beginner). (

THAT:The contract for the construction of the Fort Erie Skatepark (excluding landscape works) be awarded to the UCC Group Inc. in the amount of $476,505.00 (excluding hst), and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JULY 12, 2010 PAGE NINETEEN THAT:The contract for the installation of landscape works for the Fort Erie Skatepark be awarded to Lawns and More Inc., in the amount of $55,963.50 (excluding hst). (

THAT:The Town enter into a Site Plan Agreement with the Trustees of St. Luke's Evangelical Lutheran Church of Ridgeway for the proposed re-building of the single-storey Church, located on the west side of Prospect Point Road, south of Disher Street in Ridgeway, subject to receipt of the final drawings to Town's satisfaction, and further THAT:A by-law be submitted to Council authorizing the Mayor and the Clerk to execute the Site Plan Agreement and requisite documents. (

THAT:The Town enter into an amending Subdivision Agreement with Aubrettony Holdings Limited and Bonal Developments Inc. for Jetmar Subdivision, and further THAT:The developer be allowed to pre-service the subdivision prior to the registration of the amending Subdivision Agreement subject to receipt of the final drawings, security deposit, cash payment, approvals, insurance certificate and letter of indemnification to the satisfaction of the Town, and further THAT:A by-law be submitted to Council to exempt Jetmar Subdivision (Plan M- 65) from Part Lot Control pursuant to Section 50 of the Planning Act, 1990, and further THAT:A by-law be submitted to Council authorizing the Mayor and Clerk to execute the amending Subdivision Agreement and associated documents. (

THAT:The 2010 Capital Budget be amended to include $30,000 for a Diesel Emission Extraction Equipment Pilot Project (DEEQ10), and further THAT:$30,000 of Fire Station Roof Replacement surplus funds be transferred to the Diesel Emission Extraction Equipment Pilot Project (DEEQ10). (

THAT:Council hereby approve the amendment to the Memorandum of Understanding as outlined in Appendix "1" to Report No. CDS-40-10, and further THAT:Regional Municipality of Niagara be advised accordingly. (

THAT:The Director of Community and Development Services be authorized to submit an application for an Overall Benefit Permit to the Ministry of Natural Resources pertaining to Fowlers Toad and the Crystal Beach Gateway Project, and further THAT:This report be forwarded to the Town's Environmental Advisory Committee and Molinaro Group for information purposes. (

THAT: Council approve an amendment to the 2010 Fleet Capital budget to allow the transfer of $61,354.63 from the surplus of the 2010 Fleet Capital purchases, to fund the purchase of a used 2009 Case 580 Backhoe, and further THAT: Council approve the single source purchase of a used 2009 Case 580 Backhoe pursuant to the provisions of this report, including the trade-in of the 1992 Case 590 Backhoe, from Strongco Equipment of Mississauga, Ontario for a total upset limit of $61,354.63, inclusive of non-rebated hst. (

THAT:Council hereby accepts the new Engineer's Report for the Baer Municipal Drain, and further THAT:Council hereby directs staff to follow the "Recommended Schedule-Figure 1" as indicated in this report, to meet the requirements under the Drainage Act. (

THAT: Council hereby accepts the new Engineer's Report for the Schooley Municipal Drain, and further THAT: Council hereby directs staff to follow the "Recommended Schedule-Figure 1" as indicated in this report, to meet the requirements under the Drainage Act. (

THAT:Council hereby appoints Spriet Associates London Limited, as the Consultant and Drainage Engineer for the preparation of a new Engineer's Report for the House Road Petition, in the amount of $36,499 (including hst), and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JULY 12, 2010 PAGE TWENTY-TWO THAT:Council approve a 2010 Operating and Capital Budget amendment, for a transfer of $33,000 from Municipal Drains operating account, to House Road Petition Capital Project (HOUS10), and further THAT:Staff be authorized to prepare the by-law authorizing the Mayor and Clerk to execute the contract on behalf of the Town of Fort Erie. (

THAT:Council hereby defer the Beaver Creek South Branch Drainage Project until the 2011 Budget deliberations, or until funding can be provided for this project. (

THAT:Council approves the supply and installation of 500 residential water meters in 2010 by Neptune Technology Group (Canada) Ltd. at a total estimated cost of $177,975 inclusive of hst, and further THAT:Council authorize the Mayor and Clerk to execute an agreement on behalf of the Town of Fort Erie with Neptune Technology Group (Canada) Ltd., for the supply and installation of residential water meters for the years 2010 to 2014 in accordance with the terms described herein. (

THAT:The hour of adjournment be extended beyond 10:00 p.m. (

THAT:Council hereby receives Report No. CAO-08-10 as the annual status report on Council's 2007-2010 Strategic Plan. (

THAT:The Town of Fort Erie remain as a member of the OMEX Insurance Reciprocal. (

THAT:A by-law be submitted to Council to adopt a policy for the use of Corporate Resources for Election purposes in the form contained herein. (

THAT:The recommendation be and it is hereby amended by providing for a three (3) year contract reflecting a 5% increase for each of the three (3) years as follows: Year One (1)$123,375.00/year prorated effective August 1, 2010 Year Two (2) $129,543.00/year effective June 1, 2011 Year Three (3) $136,020.00/year effective June 1, 2012. (

THAT:A by-law be submitted to Council to authorize the entry into a new agreement with the Fort Erie SPCA for a period of three (3) years as follows: Year One (1)$123,375.00/year (5% increase) prorated effective August 1, 2010 Year Two (2) $129,543.00/year (5% increase) effective June 1, 2011 Year Three (3) $136,020.00/year (5% increase) effective June 1, 2012. (

THAT:A by-law be submitted to Council to adopt a flag protocol policy in the form of Appendix "1" hereto. (

THAT:The Municipal Council of the Town of Fort Erie has no objection to the issuance of a temporary liquor licence extension to The Paddy Wagon Restaurant, 4060 Erie Road, in conjunction with the Crystal Beach Jazz & Wine event to be held on August 7, 2010 from 7:00 p.m. to 12:00 a.m, provided they comply with all municipal and provincial regulations, and further THAT:The appropriate agencies be so notified of this action. (

THAT:The legal matter to be considered under the Closed Session Meeting respecting the Progress Report for By-law Enforcement – Confidential Report No. CS-32-10 be and it is hereby

THAT:The Municipal Council of the Town of Fort Erie hereby adjourns at 12:37 a.m. (