Regular Council in Committee

THAT: An Official Plan Amendment be submitted to Council changing the Official Plan designation for the subject lands from “GC General Commercial” to “R Urban Residential”, and further THAT: A zoning by-law amendment be submitted to Council changing the zoning of the subject lands from “General Commercial C2 Zone” to a site specific “Residential Multiple Holding RM2 (H) Zone” in order to permit the conversion of an existing building into five dwelling units. (

THAT: The redline revised Kristen Close Draft Plan of Subdivision submitted by ATXX Corporation (Patrick Luciani) Regional File No. 26T-15-02-07 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 “3” of this report, and further THAT: The parties be advised of the Council’s decision on the application in accordance with Provincial regulations, and further THAT: The Mayor be authorized to endorse the plans as approved 20 days after the Notice of Council’s decision has been 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 date of Draft Plan approval unless an extension of approval is granted by Town Council, if an extension is requested an updated review and amendment of the conditions of approval may be necessary at the time, and further THAT: The conditions of Draft Plan approval in Administrative Report No. PCS- 86-2003 be circulated to the applicable agencies in accordance with the requirements of the Planning Act, and further THAT: A zoning by-law amendment be submitted to Council amending the zoning of the subject lands from “Residential 2 Holding R2(H)-208 Zone” to a “Residential 2Z Holding R2A(H) Zone”. (

THAT: In accordance with Section A8.3 of Council Rules of Procedure By-law No. 200-85, as amended the Municipal Council of the Town of Fort Erie hereby consents to the holding of a Special Council Meeting for the consideration of an urgent matter. (

THAT: Council support an extension of Draft Plan Approval for the Abino Dunes Condominium Plan of Subdivision to September 23, 2005; and THAT: The owners, their solicitor and the Regional Niagara Planning Department be so advised. (

THAT: Lands on the east sided of Beechwood Avenue, known as Lot 176, Plan 79, NP 419 be declared as surplus and offered as a non-buildable lot to the abutting property owners, and further THAT: Lands on the east side of Chapin Parkway, known as Lot 118, Plan 118, NP 458 be declared as surplus and offered as a non-buildable lot to the abutting property owners, and further THAT: Lands on the east side of Chapin Parkway, known as Lots 154-155, Plan 118, NP 458 be declared as surplus and offered as a non-buildable lot to the abutting property owners, and further THAT: Staff be authorized to advertise the declaration of these surplus parcels in the local newspaper, and obtain an Opinion of Value for each parcel. (

THAT: The second recommendation be deleted in its entirety and the following inserted in lieu thereof “The reaffirming motion also include Council’s position that it supports maintaining the existing Peace Bridge with a compatible companion span on the south side thereof only, with no other bridge crossing alternatives to be considered, and further”. (

THAT: Staff prepare a motion for Town Council’s consideration at the August 25, 2003 meeting re-affirming Resolution No. 14 of February 9, 1998 supporting a companion span to the existing Peace Bridge, and further THAT: The reaffirming motion also include Council’s position that it supports maintaining the existing Peace Bridge with a compatible companion span on the south side thereof only, with no other bridge crossing alternatives to be considered, and further THAT: In accordance with the Partnership Agreement between the Town of Fort Erie and the Buffalo and Fort Erie Public Bridge Authority, that the Town continue to participate in the Bi-National Integrated Environmental Process, and further THAT: A copy of Report No. PCS-88-2003 be circulated to the Buffalo & Fort Erie Public Bridge Authority, the City of Buffalo, the Region of Niagara and the Niagara Parks Commission along with a notice/invitation to appear at the August 25, 2003 meeting when Council considers the motion and resolution, and further THAT: The Peace Bridge Expansion Project Team be requested to include the comments from the Town of Fort Erie into the Final Scoping Document/Alternative Screening Report. (

THAT: Council receive the Waterfront Road Allowances Assessment Report (Appendix “2”) for information and discussion purposes, and further THAT: Council authorize staff to conduct a Public Open House in order to seek public input into the opening of and improvements to waterfront road allowances, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, AUGUST 11, 2003 PAGE ELEVEN THAT: Staff finalize the Waterfront Road Allowance Assessment Report (Appendix “2”) subsequent to public input, and that a priority based implementation plan be developed and considered as part of the 2004 Budget deliberations. (

THAT: Council grant a variance to Fence By-law No. 19-2003 to allow a fence height of 2.2 metres where the by-law requires 1 meter in the front yard at 1463 Phillips Street. (

THAT: A by-law be submitted to Council deeming Lot Nos. 14, 15 and 17, Plan 48, NP 388 not to be lots in a registered plan, and further THAT: By-law No. 170-89 be repealed. (

THAT: A by-law be submitted to Council authorizing the execution of an Assumption Agreement for the Wellington Court Condominium Plan of Subdivision Phase 2, and further THAT: The condominium plan of subdivision be approved. (

THAT: This matter be further

THAT: This matter be

THAT: Council approve Appendix “1” to CAO-1-7-2003 and the Community Health and Wellness 2003 revised budget and that subject budget revisions be incorporated into the by-law to amend the budget of August 25, 2003. (

THAT: Council accept Report No. F-32-2003 representing the financial report for the six months ending June 30, 2003 for information purposes only, and further THAT: Capital surpluses from fleet vehicle acquisitions detailed in Appendix “C” to Administrative Report No. F-32-2003, in the amount of $61,088.32 be transferred to the Fleet Operating Budget for 2003. (

THAT: The report be dealt with in its entirety except that the transit service improvements (Table 3, Line 6) be dealt with separately. (

THAT: A by-law be submitted to the Council meeting of August 25, 2003, amending the 2003 Budget By-law No. 34-2003, and ensuring that a shortfall in gaming revenue anticipated to be $1,165,000 below the budget estimate does not result in a deficit for 2003, and further THAT: The 2003 Operating budget be amended in accordance with Table 3 to Report No. F-33-2003, and further THAT: The 2003 Capital budget be amended in accordance with Table 4 to Report F-33-2003. (

THAT: The hour of adjournment be extended beyond 9:30 p.m. (

THAT: The 2003 Operating budget be amended in accordance with Table 3, Line 6 to Report No. F-33-2003. (

THAT: 1. The recommendations for 2004 budget guidelines be presented to Council for adoption by resolution at the August 25 regular meeting of Council, and THAT: 2. The base budget guideline for 2004 be established in accordance with Table One to Report F-34-2003, with a budgeted tax levy of $11,400,000, which is forecasted as a 2.7% rate increase over 2003, and THAT: 3. A results-based municipal business plan be prepared for Museum Services for the 2004 budget, including recommendations for sufficient funding from the tax levy to maintain minimum base service levels, and THAT: 4. 50% of the supplementary funding allocated for Public Works Infrastructure and Tourism/Waterfront initiatives be placed in a reserve fund, and that these allocations not be drawn on until the year following their collection, and THAT: 5. Gaming funding applied to reduce taxation in the 2004 budget be established at $1,000,000, and COUNCIL-IN-COMMITTEE MINUTES – MONDAY, AUGUST 11, 2003 PAGE FOURTEEN THAT: 6. The supplementary budget guideline for 2004 be established in accordance with Table Two to Report F-34-2003, with estimated gaming revenues of $4,923,000, and THAT: 7. The 2004 Tourism & Waterfront supplementary capital budget include only those capital projects currently in progress, and THAT: 8. The Tourism and Leisure Masterplan be updated by the Tourism and Waterfront Co-ordinator, including a five-year plan identifying financial requirements and presented to Council as a deliverable for the

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 26 & 27, 2003 at ½ hour intervals from 3:00 p.m. to 8:00 p.m. along Regional Road #3 (Garrison Road) from the Plaice Restaurant at 981 Garrison Road proceeding west, then (L) on Daytona Drive, (L) on Orchard Road, (L) on Crescent Road and (R) on Regional Road #3 (Garrison Road) to The Plaice Restaurant, 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: Pursuant to Section 2.2 of the Alcohol Management Policy By-law No. 72-99, as amended, the Municipal Council of the Town of Fort Erie hereby supports the issuance of a special occasion permit for a music venue and beer tent on August 14, 2003 from 6:00 pm to 1:00 am and August 16-17, 2003 from 12:00 pm to 6:00 pm in conjunction with the World Tribute Championship at the Crystal Ridge Community Centre managed by the Ridgeway Lions Club subject to compliance with the said Alcohol Management Policy, and further THAT: The Ridgeway Lions Club deliver to the Town liability insurance in the amount of $2,000,000, naming the Town as additional insured, and further THAT: The appropriate agencies be so notified of this event. (

THAT: Council receives, for information purposes, a summary of the Final Quarterly Water Quality Report for the period April to June 2003 on Fort Erie’s Water Utility, and further THAT: Council supports the Canadian Water and Wastewater Association’s (CWWA) position with respect to the Federal Government’s (Environment Canada) proposed changes to the Canadian Environmental Protection Act. (

THAT: Council not award the tender for Crystal Beach Central and Bay Beach Sanitary Sewer Repairs and Drainage Improvements – Contract No. PW.00CRTB at the tendered amount of $2,767,770.07, including g.s.t. to DeRose Bros. Contracting of Thorold, Ontario, and further THAT: Staff be authorized to re-tender the “no-dig” trenchless sewer rehabilitation works only, in early Winter 2003 with an early Spring 2004 start, and further THAT: Staff be authorized to bring forward for consideration in the 2004 Budget the remainder of the drainage and sewer reconstruction works, under this remedial action plan, subject to the provision of a favourable Cost Benefit Analysis including alternative cost recovery and financing methods. (

THAT: Council approves 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 toe execute the contract with M & J Ditching on behalf of the Town of Fort Erie. (

THAT: The Construction Project Status Report – August 11, 2003 Update be received by Council for information purposes, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, AUGUST 11, 2003 PAGE SEVENTEEN THAT: An updated Capital Projects Status Report has been tentatively scheduled to be submitted to Council-in-Committee in January 2004. (

THAT: Council receive this Status Report on Unaccounted-for-Water Reduction for information purposes. (

THAT: The Class Action Lawsuit by the Water Advocacy Group (WAG) Status Report be received by Council for information purposes. (

THAT: Council-in-Committee does now hereby adjourn at 11:28 p.m. (