Regular Council in Committee

THAT: Council receive Report No. IS-35-01-07, regarding a Festivals and Community Events Policy for information purposes, and further Page 3 of 13 COUNCIL-IN-COMMITTEE MINUTES - MONDAY, SEPTEMBER 17, 2007 THAT: A by-law be submitted to Council to establish a policy for Festivals and Community Events pursuant to the provisions established in Report No. Is-35- 01-07, including a component for the establishment of a grant process for the elimination of fees for the rental of any Town facility or property. (

THAT: Council approves the allocation of $15,000 from the Facilities Maintenance Reserve to accommodate the purchase and installation of a new HVAC unit at the Gibson Centre. (

THAT: The recommendation be amended to ensure the replacement of the Black Creek (Shagbark Lane) Bridge is a priority for completion in 2008 and not be

THAT: Council award the tender for the construction of the Black Creek (Shagbark Lane) Bridge, at the revised amount of $80,401, including g.s.t. to Rankin Construction Inc. of St. Catharines, Ontario, 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 directs staff to proceed with the purchase and installation of a wooden fence and precast concrete curbs along the west limit of the southwest Bay Beach parking lot at an approximate cost of $12,000 with said funds to be derived from the Bay Beach Parking Reserve Fund Account. (

THAT: Council approve the August 17, 2007 Land Committee meeting minutes attached as Appendix "1" to Report No. CAO-16/LC-19-07, and further THAT: Council approve the recommended tasks as outlined in Appendix "2" to Report No. CAO-16/LC-19-07. (

THAT: Council authorize the CAO to explore alternative service options for the delivery of community health and wellness programs. (

THAT: The lands on the south side of Seymour Avenue, be declared surplus and offered as a non-buildable lot to the abutting property owners, subject to the lands merging in title with the successful purchaser's property. (

THAT: The request by Richard A. Nabi on behalf of Louie Maturani to purchase municipal lands on the south side of Abbott Street, west of Thompson Road, be denied as the municipality wishes to retain ownership of this parcel until such time as urban development of the neighbourhood is more imminent, and further THAT: Any future requests to purchase municipal land in the area bounded by Thompson Road, Bowen Road, QEW and Gilmore Road not be considered until such time as the Fort Erie Industrial Business Park - Master Servicing Study is complete and a Neighbourhood Plan/Servicing Strategy is in place for the area. (

Page 7 of 13 COUNCIL-IN-COMMITTEE MINUTES - MONDAY, SEPTEMBER 17, 2007 THAT: Council consider its recommendation to "declare as surplus lands" property on the north side of Lambton Road, and that the property remain in the ownership of the municipality due to the environmentally sensitive nature of the site and surrounding area, and further THAT: The municipality decline the offer from Mr. R. B. Stuart to see his vacant parcel on Lambton Road abutting the subject municipal lands. (

THAT: The recommendation be amended by deleting the words "the existing board fencing, and" from the second paragraph after the words "maintenance of". (

THAT: The recommendation be amended by inserting the words "in part" in the first paragraph after the word "approved", and further THAT: The recommendation be further amended by inserting the words "which is opposite the house in accordance with Mr. Griffin's second proposal in his letter dated July 31, 2007" in the second paragraph after the word "fencing", and further THAT: The recommendation be further amended by inserting the words "and remainder of board fencing" in the third paragraph after the word "wall". (

THAT: The Applicants' requests for relief from Section 8.2 of the Encroachment Policy for Municipal Road Allowances By-law No. 89-07 be approved in part, Page 8 of 13 COUNCIL-IN-COMMITTEE MINUTES - MONDAY, SEPTEMBER 17, 2007 and further THAT: A by-law be submitted to Council to authorize the entry into an Encroachment Agreement with the owners of 2535 Windmill Point Lane East, in a form acceptable to the Town's solicitor, to permit the continued use and maintenance of the existing board fencing which is opposite the house in accordance with Mr. Griffin's second proposal in his letter dated July 31, 2007, and the existing rail fence, bushes and plantings, on the Windmill Point Road Allowance as shown on the survey of the subject property dated June 30, 2006, and further THAT: The Applicants shall be permitted until November 30, 2007 to remove the stone wall and remainder of board fencing from the Windmill Point South Road Allowance (

THAT: The Applicant's request for permission under Section 8.2(b) for the garage and sidewalk of the Encroachment Policy for Municipal Road Allowances By-law No. 89-07 be approved, and further THAT: A by-law be submitted to Council to authorize the entry into an Encroachment Agreement with the owner of 2547 Windmill Point Lane West, in a form acceptable to the Town's solicitor, to permit the continued use and maintenance of the existing garage and appurtenant sidewalk on the Windmill Point Road Allowance as shown on the survey of the subject property dated June 30, 2006, and further THAT: The Applicant's request for relief from Section 8.2 of the Encroachment Policy for Municipal Road Allowance By-law No. 89-07 with respect to the hedgerow (privet hedge) be denied, and further THAT: The Applicant is hereby required to remove the portion of the hedgerow (privet hedge) encroaching on the road allowance within sixty (60) days hereof, or by such other date as the Director of Legal & Legislative Services deems appropriate, and staff are directed to take all steps necessary to effect the removal of the encroachment. (

THAT: The Applicants' request for permission under Section 8.2(b) of the Encroachment Policy for Municipal Road Allowances By-law No. 89-07 with respect to the shoreline wall be approved, and further Page 9 of 13 COUNCIL-IN-COMMITTEE MINUTES - MONDAY, SEPTEMBER 17, 2007 THAT: The Applicants are hereby granted permission to maintain the existing row of mature trees as shown on the survey dated June 30, 2007, until such time as Council requires the removal of such mature trees in order to facilitate the completion of present or future municipal works or improvements on or to the Bertie Bay Road Allowance, without the requirement of an Encroachment Agreement, and further THAT: A by-law be submitted to Council to authorize the entry into a new Encroachment Agreement with the owners of 2013 MacDonald Drive, in a form acceptable to the Town's solicitor, to permit the continued use and maintenance of the existing dwelling and shoreline wall on the Bertie Bay Road Allowance, as shown on the survey of the subject property dated June 30, 2007, and further THAT: The Applicants' request for relief from Section 8.2 of the Encroachment Policy for Municipal Road Allowances By-law No. 89-07 with respect to the chain link fence be denied, and further THAT: The Applicants are hereby required to remove the chain link fence encroaching on the road allowance within sixty (60) days hereof, or by such other date as the Director of Legal & Legislative Services deems appropriate, and staff are direct

THAT: The Applicant's request for relief under Section 8.2 of the Encroachment Policy for Municipal Road Allowances By-law No. 89-07 be denied as the fence interferes with the Bertie Bay Drainage Works Project to be undertaken, and further THAT: The Applicant be granted an extension of time to remove the said fence to a date to be determined dependent upon the Town undertaking the Bertie Bay Drainage Works Project, and further THAT: The Applicant's request for permission under Section 8.2(a) of the Encroachment Policy for Municipal Road Allowances By-law No. 89-07 be

THAT: The list of taxes and penalties totaling $26,299.80, attached as Appendix Page 10 of 13 COUNCIL-IN-COMMITTEE MINUTES - MONDAY, SEPTEMBER 17, 2007 "A" to Report No. CS-22-07 be canceled, reduced or refunded as applicable in accordance with Section 357 and 358 of the Municipal Act, 2001. (

THAT: Taxes totaling $11,422.41 be cancelled, reduced or refunded as applicable in accordance with Section 334 of the Municipal Act, 2001. (

THAT: The recommendation be amended to include that the rebate be tied to a specific improvement related to the heritage improvements of the building. (

THAT: The Council support the proposed Heritage Tax Relief Program in principle, and further THAT: The Town's Solicitor be directed to prepare the appropriate by-law (to reflect a rebate of 25%), and further THAT: A copy of this report be circulated to owners of designated heritage buildings, and further THAT: The Town request the Regional Municipality of Niagara to implement matching rebates. (

THAT: The Town Solicitor be directed to proceed in accordance with the Municipal Act, 2001, as amended, to stop up, close and convey part of the Quincy Street unopened road allowance nort of Thompson Road to the Regional Municipality of Niagara, for the sum of $1.00, subject to any easements which may be required, and further THAT: The acceptance of lands from the Regional Municpality of Niagara comprising segments of the former Canadian National Railway (Parcels 2, 3, 4, 5, 6, 7, 8 and 9), for the sum of $1.00, subject to any easements which may be required, in exchange for he said Quincy Street unopened road allowance, be authroized and approved, and further THAT: The Town enter into a Letter of Agreement with the Regional Municipality of Niagara to develop, market and sell combined Regional and Town-owned lands on the north side of Washington Road at the intersection of Helena Street, based upon the principles outlined in this report, and in a form acceptable to the Town Solicitor and the Director of Community and Development Serivces, and further THAT: The Mayor and Clerk be authorized and directed to execute all Transfers of Land and Easements, the Letter of Agreement with the Regional Municipality of Niagara, and any other documentation which may be necessary to complete the transaction, and further THAT: Staff be directed to undertake all matters necessary to facilitate the development, marketing and sale of the combined Regional and Town-owned lands aforesaid. (

THAT: Council-in-Committee does hereby adjourn at 8:19 p.m. (