Regular Council in Committee

Grape Street s/s, West of Jackson Avenue, Lots 170-174, Plan 111, NP 451 THAT: The tender requirements of By-law No. 44-95 be waived for lands on the south side of Grape Street known as Lots 170-174, Plan 111, NP 451 (Roll No. 2703 020 026 19800 0000), and that staff be authorized to enter into an Agreement of Purchase and Sale with the original applicant Mr. Jose DeFrias as no abutting property owner was interested in purchasing the lands. Peach Avenue s/s, East of Ridgewood Avenue, Lots 211-212, Plan 105, NP 445 THAT: Lands on the south side of Peach Avenue, known as Lots 211-212, Plan 105, NP 445 (Roll Nos. 2703 020 024 15000 0000 and 2703 020 024 15100 0000) be declared as surplus and offered as a non-buildable lot to the abutting property owners. Chapin Parkway w/s, North of Dominion Road, Lots 232, Plan 118, NP 459 THAT: Lands on the west side of Chapin Parkway, known as Lot 232, Plan 118, NP 458 (Roll No. 2703 020 010 96500 000) be declared as surplus and offered as a non-buildable lot to the abutting property owners. Cambridge Road West s/s, East Side of Cambridge Place, Part Lot 527, Plan 33, NP 375 THAT: Lands on the south side of Cambridge Road West, known as Part Lot 527, Plan 33, NP 375 (Roll No. 2703 030 004 01700 000) NOT be declared as surplus, and that the Clerk be authorized to initiate the process of formally dedicating the lands as a public highway, and further THAT: Staff be authorized to advertise the declaration of these surplus parcels in the local new

THAT: Council direct staff to prepare a by-law authorizing the establishment of an Ad Hoc Committee for the review of Open Air Burning, and further THAT: Council appoint the following persons to the Ad Hoc Committee of Council: Brian F. James David K. Allen Dave Mitchell Ray Miller Harold Hampel Ken Humphrey, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, AUGUST 12, 2002 PAGE TEN Two members of Council, Councillors Noyes and Haggerty and two staff members be appointed including the Fire Chief and another staff member as required, and further THAT: Council approve the attached Terms of Reference for a resource and guide to this Committee: (

THAT: A by-law be submitted to Council deeming Lots 370 and 371, Plan 27, NP 370 not to be lots in a registered plan. (

THAT: A by-law be submitted to Council deeming Lots 311 and 312, Plan 27, NP 370 not to be lots in a registered plan. (

THAT: Parts 1, 2 and 4 of the recommendation be dealt with together and Part 3 be considered separately. (

THAT: Council pass a resolution endorsing the recommendations of the Equestrian Trail Master Plan, in principle, and further THAT: Council authorize staff and the Equestrian Steering Committee to develop an implementation plan based upon the Master Plan recommendations, and further THAT: Council authorize staff to forward the Equestrian Trail Master Plan to neighboring municipalities as a mechanism to promote and initiate project partnerships, and to the Regional Municipality of Niagara as a mechanism to promote the previously submitted Regional Millennium SuperBuild Equine Centre application. (

THAT: Council endorse the considerations of the allocation of funds in the 2003 Capital Budget for Phase 2 design and construction of a portion of the Equestrian Trail. (

THAT: The Northridge Meadows Phase 2 Draft Plan of Subdivision submitted by Puppy Hut Limited under File No. 26T-15-0203 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 “2” of this report, and further THAT: The parties be advised of Council’s decision of the application in accordance with Provincial regulations, and further THAT: The Mayor be authorized to endorse the draft plan as approved 20 days after the notice of Council’s decision is being given provided that no appeals have been lodged, and further THAT: The applicant be advised that the Town’s conditions of Draft Plan Approval for the subdivision will lapse three years from the date of Draft Plan Approval unless an extension of the approval period is granted by Town Council, if an extension is requested an updated review and revision of the conditions of approval may be necessary at the time, and further THAT: In Administrative Report PCS-65-2002 the conditions of Draft Plan Approval be circulated to the applicable agencies in accordance with the requirements of the Planning Act, and further THAT: An Official Plan Amendment be submitted to Council amending the Town of Fort Erie Official Plan for the subject lands from Rural – RU to R – Urban Residential, and further THAT: A Zoning By-law Amendment be submitted to Council amending the Town of Fort Erie Comprehensive Zoning By-law No. 129-90 by rezoning t

THAT: Council extend draft plan approval for the Bakersfield Draft Plan of Subdivision 26T-91016 (Phase 1) and the Bakersfield Draft Plan of Subdivision 26T-91016 (Phase 2) until May 1st, 2004, and further THAT: The owner be so advised, and further THAT: The Niagara Regional Planning and Development Department be so advised. (

THAT: A zoning by-law amendment be submitted to Council amending the zoning of Part 1 of the subject lands from “Agricultural A Zone” to “Rural Commercial C7 Zone” and by changing the zoning of Part 2 of the subject lands “Agricultural A Zone” to a “Site Specific Agricultural A Zone” in order to recognize the lot area of the subject parcel. (

THAT: A by-law be submitted to Council authorizing the acceptance of the lowest tender from CIMCO Refrigeration Ltd. in the amount of $42,500 plus g.s.t. for the supply and installation of a new refrigeration compressor at the Crystal Ridge Community Centre. (

THAT: A zoning by-law amendment be submitted to Council amending the zoning of the subject lands from “Residential Multiple 2 Holding RM2(H)- 4 Zone” to “Residential 2 R2 Zone”. (

THAT: Council authorize staff to prepare a by-law for consideration at the August 26, 2002 Regular Meeting of Council to amend By-law No. 80- 2002, being a by-law to adopt the 2002 Budget, to implement a modified SmaRT NPO Marketing Program in accordance with the details contained in Appendix “1” to Administrative Report No. CAO-18-2002. (

THAT: Council accept this plan and instruct staff to prepare a by-law for Council’s consideration adopting the Communications Workplan: March 2002 to March 2003 at the August 26th, 20002 Regular Council Meeting. (

THAT: Administrative Report No. F-28-2002 presenting the financial report for the period ending June 30, 2002 be received for information purposes only. (

THAT: Recommendation Nos. 3 and 5 be dealt with separately. (

THAT: The Clerk be directed to proceed to prepare and issue a Request for Proposal for the provision of legal services to assist with the administrative tasks associated with processing road closing requests. Request to stop up, close and convey part of unopened Columbia Road Allowance (Rush and Frenette) THAT: The Clerk be directed to proceed in accordance with provisions of the Municipal Act to stop up, close and convey the unopened portion of Columbia Road between Ontario Drive and Rebecca Street at the expense of the abutting property owners. Request to reinstate 40-foot road allowance – Rose Avenue (McIlvenna) THAT: The Clerk be directed to proceed in accordance with the provisions of the Municipal Act to stop up, close and convey the west 26 feet of Rose Avenue from Dominion Road to the north boundary of Lot 299 to the abutting property owners on a cost recovery basis. Point Abino/Sherkston Road Intersection – Mitigation of High Accident Rate THAT: Staff be directed to proceed to acquire sufficient lands along the northerly side of Sherkston Road between Point Abino Road and Michener Road to provide adequate sightlines and that a further report be submitted to Council-in-Committee advising of the costs of same once determined. (

THAT: The Clerk be directed to proceed in accordance with the provisions of the Municipal Act (on a development priority basis) to stop up, close and convey that part of Ott Road located between Fox Road and College Road at the expense of the applicant subject to the conveyance of a right-of-way or exchange of lands to the satisfaction of the municipality for planned equestrian trail purposes as well as the conveyance of an easement for drainage purposes. (

THAT: Administrative Report No. F-30-2002 be received for information purposes, and consideration for the 2003 budget, and further THAT: The 2003 budget includes provision for the converting of the Casual IT Technician position into a permanent posting, and further THAT: The 2003 budget includes provisions for the hiring of a permanent graphics/Cartographic technician, and further THAT: Recommendations 2 & 3 be

THAT: A by-law be submitted to Council to authorize the acquisition of lands from the Region of Niagara for the Friendship Trail located between Kraft Road and Dominion Road and described as Part 1 on Reference Plan 59R-11275 in the amount of $1,640 plus survey costs of $4,601. (

THAT: The Municipal Council of the Town of Fort Erie hereby grants permission to the Heart and Stroke Foundation of Ontario to conduct their Big Bike for Stroke Research Event on August 27, 2002 from 3:00 p.m. to 8:00 p.m. along Regional Road #3 (Garrison Road) from 981 Garrison Road (The Plaice) to 310 Garrison Road (Commisso’s) and returning via the same route provided they furnish liability insurance in the amount of $2,000,000.00 naming the Town as additional insured and they conform with all requirements from the Regional Municipality of Niagara for final approval to hold this event, and further THAT: The Regional Municipality of Niagara and the appropriate agencies be so notified. (

THAT: Council of the Town of Fort Erie reaffirms its position not to increase its cost-sharing limit of $500,000 specified in the Nordic Gaming Corporation Ramp Escrow Agreement. (

THAT: Council receives, for information purposes, a summary of the Quarterly Water Quality Reports for the period April – June 2002 on Fort Erie’s Water Utility prepared as required under the Ontario Drinking Water Protection Regulations. (

THAT: Council approve the direct engagement of M & J Ditching without tender call for laser-controlled rural ditch excavation as listed in Appendix “A” at an upset limit of $39,000 including g.s.t., and further THAT: Staff be directed to prepare the necessary by-law authorizing the Mayor and Clerk to execute the contract with M&J Ditching on behalf of the Town of Fort Erie. (

THAT: Council not award the tender for Emerick Street Reconstruction – (Central Avenue to Niagara Boulevard) – Contract No. PW01.EMCN, as the low tender exceeds the available budget by approximately $280,000. (

THAT: The Construction Project Status Report – August 12, 2002 Update be received by Council for information purposes, and further THAT: An updated Capital Projects Status Report has been tentatively scheduled to be submitted to Council-in-Committee in January 2003. (

THAT: Council award quotation 23-2002 Bertie Street Drainage Improvements at the quoted amount of $52,346.54, including g7% g.s.t. to Circle P. Paving Inc., and further THAT: Staff be authorized to prepare the necessary Purchase Order. (

THAT: Council-in-Committee does now hereby adjourn at 9:14 p.m. (