Regular Council in Committee

THAT:Council hereby approves the June 3, 2010 Land Committee meeting minutes attached as Appendix "1" to Report No. CAO-09/LC-4-10, and further COUNCIL-IN-COMMITTEE MINUTES – JUNE 14, 2010 PAGE THREE THAT:Council hereby approves the recommended tasks as outlined in Appendix "2" to Report No. CAO-9/LC-4-10. (

THAT:The 2009 audited financial report attached as Appendix "A" be received for information purposes and published in accordance with Section 295 of the Municipal Act, 2001. (

THAT:Council hereby approves an amendment to the 2010 Operating Budget of $100,000 for legal expenses (associated with the Bay Beach Ontario Municipal Board Hearing) with funding (derived) from the General Levy Rate Stabilization Reserve, and further THAT:The 2010 Operating Budget By-law be amended accordingly. (

THAT:Council hereby approves converting the causal position of Accounts Payable Clerk to the full time position of Accounting Clerk. (

THAT:A by-law be submitted to Council to adopt a lease financing policy for the Town of Fort Erie pursuant to Appendix "A" herein. (

THAT:Items (a) and (b) be dealt with separately. (

THAT:The Municipal Council of the Town of Fort Erie hereby supports the issuance of a temporary extension application for a liquor licence for the following: COUNCIL-IN-COMMITTEE MINUTES – JUNE 14, 2010 PAGE FOUR (a) Bertie Boating Club to accommodate their Walleye Challenge on July 10, 2010; Poker Run BBQ/Dance – July 24, 2010 and the End of Season Games Day/Dinner and Dance on September 11, 2010, and further THAT:The appropriate agencies be so notified of this action. (

THAT:The Municipal Council of the Town of Fort Erie hereby supports the issuance of a temporary extension application for a liquor licence for the following: (b) The Royal Canadian Legion - Branch 71 to accommodate their Canada Day Celebration Outdoor BBQ on July 1, 2010, and further THAT:The appropriate agencies be so notified of this action. (

THAT:Pursuant to Section 6.36 of Zoning By-law No. 129-90, as amended, the Municipal Council of the Town of Fort Erie hereby grants permission to the Ridgeway/Crystal Beach Kinsmen to hold their Annual Street Dance on Saturday, July 10, 2010 at the Crystal Ridge Arena (outside), provided they furnish liability insurance in the amount of $2 million naming the Town as additional insured, and further THAT:Pursuant to Section 1.1 of the Alcohol Management Policy By-law No. 72- 99, the Municipal Council of the Town of Fort Erie hereby supports the issuance of a special occasion permit to the Ridgeway/Crystal Beach Kinsmen for this event, and further THAT:In the event the above event date changes, the Clerk of the Town of Fort Erie is hereby authorized to approve same subject to consultation with the relevant department, and further THAT:The organizers make every effort to recycle all materials from the events as recommended by the Regional Municipality of Niagara through their Special Event Recycling Program, and further THAT:Town staff are hereby authorized to provide services and materials accordingly, and further THAT:The appropriate agencies be so notified of this action. (

THAT:The application by Brian and Gordon Teal to amend the Zoning By-law No. 129-90 from a Neighbourhood Development ND Zone to a Residential 1 R1 Zone on Part 1 and to a Site Specific Neighbourhood Development ND Zone on Part 2 recognizing a reduced lot area be approved, and further THAT:A zoning by-law amendment for the lands located at 3720 Rebstock Road be submitted to Council for approval. (

THAT:The Museum Capital Reserve Fund be renamed as the Museum Reserve Fund, with the primary purpose of holding funds for capital or extraordinary operating expenses for Museum Services, and further THAT:Schedule "A" to By-law No. 148-06 be amended accordingly. (

THAT:The Creekside Estates Draft Plan of Subdivision dated May 13, 2010, showing 30 lots for single detached dwellings, two blocks for a Stormwater Management Facility, one block for the Nigh Road widening and a Public Street as shown on Appendix "2" be approved in accordance with the provisions of the Planning Act, R.S.O. 1990 c.P.13 and the regulations thereunder subject to the conditions contained in Appendix "8" of this report, and further THAT:The parties be advised of Council's decision on the application in accordance with the Planning Act, and further THAT:The conditions of Draft Plan Approval in Report No. CDS-24-10 be circulated to the applicable agencies in accordance with the requirements of the Planning Act, and further COUNCIL-IN-COMMITTEE MINUTES – JUNE 14, 2010 PAGE SIX THAT:The application to amend the Zoning By-law from the Neighbourhood Development (ND) Zone to a Residential 2 Holding (R2-H) Zone on Lots 1-7 and Lots 15-29; to a Residential 2A Holding (R2A-H) on Lots 8-14 and Lot 30, and to a Site Specific Open Space Holding OS-H Zone for Block 30 and 33 permitting municipal infrastructure be approved and a zoning by-law amendment be submitted to Council, and further THAT:The Neighbourhood Plan be amended by removing the proposed roadway connection from the subject lands to the east, and further THAT:The holding provision not be removed until a Subdivision Agreement has been completed to the satisfaction of the Town. (

THAT:Council Rules of Procedure by waived to permit the reconsideration of Report No. CDS-24-10 without Notice of Motion. (

THAT:The matter of Report No. CDS-24-10 be reconsidered. (

THAT:Council hereby extends Draft Plan Approval for the Allison Woods Subdivision until March 1, 2012, and further THAT:The Owner and the Niagara Regional Planning and Development Department be so advised. (

THAT:Council hereby authorizes the sale of Part of Gordon Avenue, Plan 434, as closed by Instrument No. RO-771377 designated as Part 8, Reference Plan 59R- 1111 to abutting property owner D.R. Construction Inc. for the appraised value of $19,400,00, subject to the lands merging in title with the purchasers property, and further THAT:The Town Solicitor be authorized to prepare the necessary by-laws and to execute on behalf of the Town of Fort Erie all necessary documents to complete this transaction. (

THAT:The Town enter into a Development Agreement with 1769052 Ontario Limited subject to receipt of the final drawings to Town's satisfaction, and further THAT:The Owner be allowed to pre-service the development prior to the registration of the 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:The Mayor and the Clerk be authorized to execute the Development Agreement and requisite documents. (

THAT:Report No. CDS-28-10 regarding the Erie Beach Community Plan be received for information purposes. (

THAT:Council hereby extends Draft Plan Approval for Bakersfield Subdivision 26T-91016 (Phase 1) and the Bakersfield Subdivision 26T-91016 (Phase 2) until May 1, 2012, and further THAT:The conditions of Draft Plan Approval for Phases 1 and 2 be amended as outlined in Appendix "3" of Report No. CDS-29-10, and further THAT:The Owner and the Niagara Regional Development Services Division be so advised. (

THAT:Council hereby support an extension of Draft Plan Approval for the Levy's Court Plan of Subdivision to September 23, 2012, and further THAT:The conditions of Draft Plan Approval be amended as outlined in Appendix "3" of Report No. CDS-30-10, and further THAT:The Owner and the Niagara Regional Development Services Division be so advised. (

THAT:Council hereby authorizes a grant of $45,000 over three years funded from the Community Health and Wellness Reserve Fund for the recruitment of Dr. Nicholas Marchi, and further THAT:The 2010 Operating Budget be amended to include a $15,000 grant with funding from the Community Health and Wellness Reserve Fund to cover the first of three annual payments, and further THAT:Staff be directed to prepare the necessary by-law to authorize a funding agreement with Dr. Nicholas Marchi, and further THAT:A by-law be submitted to the Council meeting of June 21, 2010, and further THAT:The 2010 Operating Budget By-law be amended accordingly.(

THAT:Council hereby accepts the tender from Banc-Cor Modular Solutions Inc., of Toronto, Ontario to construct the Replacement Modular Washroom/Lunchroom building portion of the Training Tower Centre, at 525 Industrial Drive, for the tendered price of $63,980, plus applicable taxes. (

THAT:Council enter into an Endangered Species Act Agreement with the Ministry of Natural Resources, which allows the Town of Fort Erie to maintain some of its existing Municipal Drains without acquiring a permit, and further THAT:Council authorize the Mayor and the Clerk to execute the Endangered Species in Municipal Drains Agreement. (

THAT:Council retain K. Smart and Associates Ltd. from Kitchener, Ontario to prepare a new Engineer's Report on the Winger Road Municipal Drain, in accordance with Section 78(1) of the Ontario Drainage Act, R.S.O. 1990, c.17, and further THAT:Staff be authorized to prepare the by-law to provide the Town of Fort Erie with a new Engineer's Report for the Winger Road Municipal Drain. (

THAT:Council hereby accepts the low tender for the 2010 Sidewalk Repair Program - Contract No. IS.10SIDE from Sacco Construction Ltd., of Niagara Falls, Ontario in the amount of $185,120.00 (excluding taxes), and further THAT:Council hereby further approves the removal/replacement of approximately 2281 square meters of sidewalk, to be funded from the Roads Reserve and as identified in Appendix "A". (

THAT:Council hereby awards Contract No. ISO-02-2010 - Replacement of Play and Tennis Courts in Two Parks to Stevensville Lawn Service in the amount of $210,163.00 (excluding gst/pst), and further THAT:Parkland Reserve funding of $8,400 be transferred from the Stevensville Memory Park Expansion Project and funding of $6,600 be transferred from the underutilized Ball Diamond Project to the two capital projects for the Replacement of Play and Tennis Courts. (

THAT:Council authorize the Mayor and Clerk to execute an agreement on behalf of the Town of Fort Erie with Canadian Niagara Power Inc. for the completion of electrical distribution system work for the Ridge Road Reconstruction Project. (

THAT:Council accepts the new Engineer's Report for the Schooley Municipal Drain for information purposes, and further THAT:Council hereby directs staff to continue with the process to meet the requirements under the Drainage Act. (

THAT:Council accepts the new Engineer's Report for the Baer Municipal Drain for information purposes, and further THAT:Council hereby directs staff to continue with the process to meet the requirements under the Drainage Act, and further THAT:The allocation of $60,000 originally budgeted for the Baer Municipal Drain from the Federal Gas Tax Reserve be substituted with funding from the Storm Drainage Refurbishing Reserve. (

THAT: Council-in-Committee does now go into closed session at 8:40 p.m. to discuss the following: (a) Property Matter (Pursuant to Section 239(c) - A proposed or pending acquisition or disposition of land by the municipality) Re: Point Abino Lighthouse Restoration Project and Disposition of Lighthouse Keeper's Dwelling (Confidential Report No. CS-15-1-10) (

THAT:Council-in-Committee does now reconvene and rise into open session at 9:09 p.m. with the following report: THAT:The Town Solicitor be authorized to accept a permanent easement from the Point Abino Association and to register a Restrictive Covenant pertaining to the use of the Point Abino Lightkeeper’s Dwelling, all in accordance with the terms and conditions set out in Confidential Administrative Report No. CS-15-1-10, and further THAT:A by-law be prepared to authorize the Mayor and Clerk to execute the Agreements contemplated in Confidential Administrative Report No. CS-15-1-10. (

THAT:Council-in-Committee does now hereby adjourn at 9:09 p.m. (