Regular Council in Committee

THAT: The Council-in-Committee meeting recess at this point to convene the Special Meeting of Council. (

THAT: Council approve the Friendship Trail Adopt-A-Trail Program and Agreement. THAT: Council authorize the Fort Erie Friendship Trail Citizen’s Advisory Committee to proceed with the program. (

THAT: Council authorize staff to negotiate the terms and conditions of a new Abino Bay Beach Management Agreement with the Ministry of Natural Resources, based on an expanded control area; and THAT: Council authorize staff to hold a public meeting, as required by the Ministry of Natural Resources, to inform stakeholders of the intent of the Abino Bay Beach Management Agreement; and THAT: Council authorize staff to negotiate a settlement with the Ministry of Natural Resources regarding outstanding payments. (

THAT: An Official Plan Amendment be submitted to Council changing the Official Plan Designation for the subject property from “RU Rural” to “ER Estate Residential”, and THAT: A zoning by-law amendment be submitted to Council changing the zoning of the subject lands from “Rural Zone RU” to “Estate Residential ER Site Specific Zone” to recognize the frontage and lot area of the subject lands. (

THAT: Council adopt the Fort Erie Friendship Trail Phase 2B and Riverwalk Route Alignment Report; and THAT: Council authorize staff and Marshall Macklin Monaghan to proceed to the next phase of the Friendship Trail Phase 2B and Riverwalk Projects – the preparation of Detailed Design and Construction Documents; and THAT: Council support staff’s continued negotiations with Fordema Holdings Inc., pursuant to the settlement agreement for the waterfront promenade, connecting Lakeshore Road to Waverly Beach Park; and THAT: Council endorse the construction of Section 4 (Edgemere Road) be completed in conjunction with proposed watermain servicing work; and THAT: Council recognize Section 4 (Edgemere Road) of the Friendship Trail as the priority for construction in 2001. (

THAT: Council authorize the issuance of a Request for Proposal for the preparation of a master plan, detailed design and construction documents for the Fort Erie Equestrian Trail, in accordance with the Town’s Tendering Policy. (

THAT: A by-law be submitted to Council, deeming that Lot 278 and 279, Plan 55, NP 395, in the former Village of Crystal Beach, now in the Town of Fort Erie, no longer forms part of the registered plan of subdivision, and; THAT: The Clerk forward a certified copy of the said by-law to the office of the Minister of Municipal Affairs, and; THAT: The Clerk be directed to register a certified copy of the deeming by-law at the Land Registry Office for Niagara South, and; THAT: The Clerk in accordance with the requirements of The Planning Act notify the property owners affected by the deeming by-law. (

THAT: This report be received for information purposes; and THAT: Staff be authorized to prepare Terms of Reference for a Servicing Plan and an Environmental Impact Study for the Spears Neighbourhood. (

THAT: The recommendation be amended by deleting “to August 1, 2003” and inserting in lieu thereof “for a six month period with the proviso that the developer submit their changes”. (

THAT: Council support an extension of draft plan approval for Country Squire Draft plan of Subdivision for a six month period with the proviso that the developer submit their changes under File No. 26T-78024 (Revised); and THAT: The owner and the Regional Niagara Planning and Development Department be so advised. (

THAT: The recommendation be amended by deleting “to August 15, 2003” and inserting in lieu thereof “for a six month period with the proviso that the developer submit their changes”. (

THAT: Council support an extension of draft plan approval for the McKenzie Crossing Draft Plan of Subdivision under File No. 26T-89019 for a six month period with the proviso that the developer submit their changes; and THAT: The owner and the Regional Niagara Planning and Development Department be so advised. (

THAT: An Official Plan Amendment be submitted to Council changing the Official Plan Designation of the subject property from “RU Rural” to “ER Estate Residential”; and THAT: A zoning by-law amendment be submitted to Council changing the zoning of the subject lands from “Rural RU Zone” to a site specific “Estate Residential ER Zone” to recognize the lot frontage and lot area of the proposed lots. (

THAT: This report be accepted by Council for information purposes only. (

THAT: A zoning by-law amendment be submitted to Council amending the Town of Fort Erie Comprehensive Zoning By-law 129-90 by rezoning the subject lands from “Residential 1 R1 Zone” to “Institutional I Zone”. (

THAT: A zoning by-law amendment be submitted to Council amending the Town of Fort Erie Comprehensive Zoning By-law 129-90 by rezoning the subject lands from “General Commercial C2 Zone” to a site specific “Residential 2 R2 Zone” in order to recognize the reduced lot area; and COUNCIL-IN-COMMITTEE MINUTES – MONDAY, AUGUST 13, 2001 PAGE SEVENTEEN THAT: Coldwell Banker Realty be authorized to list the property for sale as a buildable lot. (

THAT: A by-law be submitted to Council authorizing the acceptance of the quotation from Court Contractors Ltd. of Mississauga, Ontario in the amount of $93,700 for the reconstruction of courts 1-4 at the Fort Erie Tennis Club located on Central Avenue; and further THAT: The Purchasing and Tendering By-law No. 191-95 be and it is hereby waived. (

THAT: The Director of Parks and Leisure Services be directed to investigate the request by All Saints Anglican Church for a Memorial Garden and that the Director report back to Council relative to the assumption of some responsibility in this endeavour. (

THAT: The meeting proceed beyond the hour of adjournment of 9:30 p.m. (

THAT: Tarantulas be removed from Schedule “A” to the DRAFT Exotic Animal By-law but that the other poisonous spiders remain. (

THAT: A by-law be submitted to Council to regulate dangerous dogs in the Town of Fort Erie, and further THAT: A by-law be submitted to Council to regulate and prohibit the keeping of exotic animals in the Town of Fort Erie, as amended, and further THAT: Section 6.22 (prohibited uses) of Zoning By-law No. 129-90 be amended under Section (xxi) by removing “reptiles and any wild animals” under a residential zone. (

THAT: Net capital surpluses and deficits on completed capital projects totalling $367,295.85 be allocated to Reserve Funds and Capital Projects in accordance with the Summary of Surplus Distribution attached as Appendix “A” to this report. (

THAT: The list of taxes and penalties totalling $64,639.99 attached as Schedule “A” to Report No. F-32-2001 be cancelled, reduced or refunded as applicable in accordance with Section 442 and 443 of the Municipal Act, R.S.O. 1990, Chapter M.45. (

THAT: The Budget Policy document attached as Appendix “A” to this report be prepared in By-law format and be given 1st reading at the August 20th Regular Meeting of Council. The draft By-law shall then be

THAT: The following Councillors be appointed to review and decide action in response to the appeal registered by Spirit of Fort Erie, Councillor Anderson Councillor Fell Councillor Berry, and THAT: In accordance with By-law No. 185-2000, as amended, the Appeals Committee set a time, date and location for this appeal that would allow fifteen days notification to all parties; the time and date for the appeal shall be: Date and time (to be determined) THAT: The CGDC shall provide notification to the Spirit of Fort Erie by registered mail, on behalf of the Appeals Committee. (

THAT: The Construction Project Status Report – August 13, 2001 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 2002. (

THAT: The Municipal Council of the Town of Fort Erie receive this status report on the West Nile Virus Contingency Plan for information purposes. (

THAT: Council receive this status report on the Point Abino Water Quality Improvement Project for information purposes; and THAT: Council adopt for planning purposes, subject to budget approvals, the updated Point Abino Water Distribution System Chlorine Residual Maintenance Improvement Action Plan presented as Appendices A, B and C; and THAT: Council approve an extension to the Consultant Services Contract with Earth Tech (Canada) Inc. the Town’s Consultant for this project to an upset limit of an additional $10,700.00 including g.s.t.; and THAT: Staff be authorized to prepare the necessary by-law authorizing the Mayor and Clerk to execute the extension to the Agreement for Professional Engineering Services with Earth Tech (Canada) Inc. on behalf of the Town of Fort Erie. (

THAT: Council receive for information purposes the Quarterly Water Quality Reports for the period April-June 2001 on Fort Erie’s Water Utility prepared as required under the new Ontario Drinking Water Protection Regulations: • Rosehill Water Supply System Quarterly Report, April 1, 2001 to June 30, 2001; • Fort Erie Water Distribution System, Quarterly Water Quality Report 2-2001, dated July 3, 2001. (

THAT: This matter be

THAT: Council does hereby waive the Town’s purchasing policy which is Schedule A to By-law No. 191-95 to permit staff to contract the services of M&J Ditching for ditch excavation at $2.80/m to an upset limit of $39,000.00 (including g.s.t.) for areas outlined in Appendix A. (

THAT: Council accept the cost-sharing agreement with the PBA as outlined in Appendix “3” to Administrative Report No. PW-38-2001/CAO-11-1-2001, Supplemental No. 1; and THAT: Staff be authorized to prepare the necessary by-law authorizing the Mayor and Clerk to execute the Agreement for Professional Engineering Services with McCormick Rankin on behalf of the Corporation of the Town of Fort Erie to carry out the Traffic Planning COUNCIL-IN-COMMITTEE MINUTES – MONDAY, AUGUST 13, 2001 PAGE TWENTY-FIVE and Wayfinding Study Phase 1 in support of the Gateway Master Plan 2000; the 2001-2003 Corporate Strategic Plan; and the Tourism and Leisure Master Plan 2001 at an upset limit of $104,960.00 including g.s.t. (

THAT: Council waive the purchasing policy (Schedule A to By-law No. 191-95) and authorize the sole-source purchase of Water System Leak Detection Equipment from Guterman Leak Detection at a cost of $25,300.00 (including taxes). (

THAT: Council receive for information this report on the 2001-2002 Winter Control Plan Update. (

THAT: Council-in-Committee does now hereby adjourn at 11:35 p.m. (