Regular Council in Committee

THAT: Report No. CDS-50-08 regarding Official Plan and zoning by-law amendment located on the east side of Stevensville Road known municipally as 2494 Stevensville Road be received for information purposes, and further THAT: A report on the Official Plan and zoning by-law amendment be presented to a future Council-in-Committee meeting with the recommendations subsequent to the Public Meeting. (

THAT: Report No. CDS-51-08 regarding zoning by-law amendment located on the east side of Prospect Point Road South known municipally as 306 Prospect Point Road South be received for information purposes, and further THAT: A report on the zoning by-law amendment be presented to a future Council-in-Committee meeting with the recommendations subsequent to the Public Meeting. (

THAT: The recommendation be and it is hereby amended by deleting “October 31, 2008” and inserting in lieu thereof “November 30, 2008.” (

THAT: The temporary portables be allowed to remain at 1100 Gilmore Road until November 30, 2008. (

THAT: Report No. CDS-53-08 regarding the replacement of the dwelling at 4720 College Road be approved, and further THAT: An agreement to permit the proposed development to occur be presented to Council subject to satisfying the conditions outlined in Report No. CDS-53-08. (

THAT: Council support the extension of Draft Plan Approval for Hershey Estates Revised Draft Plan of Subdivision to May 24, 2010, and further THAT: The owner and Regional Niagara Planning and Development Department be so advised. (

THAT: The recommendation be and it is hereby amended by deleting “June 15, 2009” and inserting in lieu thereof “June 15, 2010.” (

THAT: Council support a one year extension of Draft Plan Approval for the MacKenzie Crossing Draft Plan of Subdivision to June 15, 2010, and further THAT: The owner and Regional Niagara Planning and Development Department be so advised. (

THAT: The Town enter into a Site Plan Agreement with 800547 Ontario Limited for the River Trail Condominium Development, subject to receipt of the final drawings to Town's satisfaction, and further THAT: A by-law be submitted to Council authorizing the Mayor and the Clerk to execute the Site Plan Agreement and requisite documents. (

THAT: Council hereby accept the recommendation from the selection committee of Lakeland Associates Ltd. from Courtice, Ontario, to provide consulting services to the Town as requested in RFP-FD-02-2008 for the quoted total upset limit of $37,306.75 (including taxes and disbursements), and further THAT: Council hereby directs staff to prepare a by-law accepting the proposal as indicated above for the next Regular Meeting of Council. (

THAT: Council hereby accepts this report for information purposes only. (

THAT: The Municipal Council of the Town of Fort Erie hereby approves the bingo lottery licence allocations for the period July 1 - September 30, 2008 pursuant to Appendix "A" attached to the memorandum dated July 10, 2008, save and except the following: Greater Fort Erie Minor Hockey Association; Kinsmen and Kinette Clubs of Fort Erie; Crystal Ridge Skating Club; Fort Erie Figure Skating Club; Fort Erie Junior B Hockey Club; Fort Erie Lions Club; Friends of Crystal Beach; Greater Fort Erie Big Brother and Big Sisters; I-CAN Therapeutic Equestrian Riding Association of Niagara and Ridgeway Public School Parent Teacher Association. (

THAT: The bingo lottery licence allocation for the Greater Fort Erie Minor Hockey Association for the period July 1 – September 30, 2008 pursuant to Appendix “A” attached to the memorandum dated July 10, 2008 be and it is hereby approved. (

THAT: The bingo lottery licence allocations for the Fort Erie Kinsmen and Kinette Clubs of Fort Erie for the period July 1 – September 30, 2008 pursuant to Appendix “A” attached to the memorandum dated July 10, 2008 be and it is hereby approved. (

THAT: The bingo lottery licence allocations for the Crystal Ridge Skating Club; Fort Erie Figure Skating Club; Fort Erie Junior B Hockey Club; Fort Erie Lions Club; Friends of Crystal Beach; Greater Fort Erie Big Brother and Big Sisters; I- CAN Therapeutic Equestrian Riding Association of Niagara and Ridgeway Public School Parent Teacher Association for the period July 1 – September 30, 2008 pursuant to Appendix “A” attached to the memorandum dated July 10, 2008 be and they are hereby approved. (

THAT: Council authorize the appointment of Philips Engineering Ltd. of Burlington, Ontario to provide engineering services for the Garrison Road Sanitary Sewer (Green Acres Drive to Alliston Road) - Contract No. IS.08GARR, in the amount of $148,639.31 (including g.s.t.) to be funded through Capital Account 841.08GRSH, and further THAT: Council authorize staff to prepare the necessary by-law authorizing the Mayor and Clerk to execute the Engineering Agreement on behalf of the Town of Fort Erie. (

THAT: Council authorizes a service contract be entered into with the City of Niagara Falls (Niagara Falls Transit) for an eight month period effective September 1, 2008, with an option for extension/renewal at April 30, 2009 for the provision of the new Inter-municipal Transit Service, and further THAT: Staff be authorized to prepare the necessary by-law authorizing the Mayor and Clerk to execute the Inter-municipal Transit Service contract on behalf of the Town of Fort Erie. (

THAT: In support of the Inter-municipal Transit Service (to be provided effective September 1, 2008), Council authorize the entry into an amended agreement with Dunn the Mover Ltd. for the provision of additional hours of service to be applied to the conventional transit service (contractual details attached as Appendix "A"), 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 authorize the direct engagement of M & J Ditching Ltd. of Ridgetown, Ontario for the specialized service of laser-controlled rural ditch excavation, at the 2008 total upset limit of $42,000.00 (including g.s.t.) with amounts for 2009 and 2010 to be determined subject to budget allocations in each year, and further THAT: The Town's Purchasing and Tendering Policy (By-law No. 29-2002) be and is hereby waived for the engagement of M & J Ditching Ltd. to complete the aforesaid works, 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 Ltd. on behalf of the Town of Fort Erie. (

THAT: Council accepts the low tender for the Geotechnical Investigation and Testing Services - Contract No. IS.08GEOT in the amount of $28,112.70 (including g.s.t.) from Trow Associates Inc. of Stoney Creek, 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 approve the transfer of previously committed sanitary, storm and water reserve funding allocations, associated with the Garrison Road Reconstruction project, to their respective reserve funds, as outlined in Report No. IS-39-08, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY JULY 14, 2008 PAGE TWELVE THAT: Council authorize staff to proceed with the completion of the detailed design of the Thunder Bay Storm Drainage Improvement - Phase II and a tender call for the construction of this project in 2008, and further THAT: Staff report back to Council prior to the award of the tender for the Thunder Bay Storm Drainage project wit the detailed budget amendment required and the reallocation of the previously committed Federal Gas Tax Funding that would be required in order to proceed with the construction of the project in 2008. (

THAT: Schedule 10 to the proposed by-law be

THAT: The draft Business Licencing By-law, attached as Appendix "1" to CAO- 10-1-08 be approved to come into force on January 1, 2009. (

THAT: Council approve the July 7, 2008 Land Committee meeting minutes attached as Appendix "1" to Report No. CAO-12/LC-04-08. (

THAT: The list of taxes and penalties totallling $30,693.62, attached as Appendix "A" to Report No. CS-23-08 be cancelled, reduced or refunded as applicable in accordance with Section 357 and 358 of the Municipal Act, 2001 and direct staff to prepare the appropriate by-laws. (

THAT: The composition for citizens at large be altered from two members to one citizen from each ward. (

THAT: A by-law be submitted to Council to establish the War of 1812-1814 Bicentennial Celebration Planning Committee, including its composition and terms of reference as set out herein, and further THAT: The Clerk be directed to invite representatives to sit on the Planning Committee as set out herein and to invite expressions of interest from the community at large, and further THAT: The services of a contracted person or organization be secured to support the committee, and further THAT: Funding in the amount of $8,000 be and it is hereby authorized and approved for 2008 to cover the costs of the coordination services and incidental expenses, and further THAT: Appreciation be extended to the EDTC Board of Directors for agreeing to act as the Project Lead for the War of 1812-1814 Bicentennial Celebration. (

THAT: The 2007 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: The recommendation be amended by adding an additional item for closed session as follows: (c) Property Matter (a proposed or pending acquisition or disposition of land by the municipality - Section 239 (1)(c)) Re: 20 Lewis Street (

THAT: Council does now go into closed session to discuss the following: (b) Property Matter (a proposed or pending acquisition or disposition of land by the municipality or local board - Section 239 (1) (c)) Re: Acquisition of Lands - Ridgeway Shores Subdivision North Shore Drive: Part of Lot 1, Plan 59M-304 and Block 23, Plan 59M-304(Confid. Report #CS-26-08) COUNCIL-IN-COMMITTEE MINUTES – MONDAY JULY 14, 2008 PAGE SEVENTEEN (b) Legal Matter (litigation or potential litigation affecting the municipality - Section 239(1)(e)) Re: Interim Control By-law No. 44-08 – Appeal to Ontario Municipal Board Appellant - Ridgeway Estates Phase 3 Limited (Confid. Report #CS-27-08) (c) Property Matter (a proposed or pending acquisition or disposition of land by the municipality - Section 239 (1)(c)) Re: 20 Lewis Street (

THAT: Council does now rise and reconvene with the following reports: (a) That in the matter of Confidential Report No. CS-26-08 respecting Ridgeway Shores Subdivision North Shore Drive, that staff be directed to act in accordance with the instructions of Council; (b) That the Town Solicitor be directed to retain and instruct legal counsel to represent the Town of Fort Erie at the Ontario Municipal Board in the matter of Interim Control By-law No. 44-08; (c) That staff be directed to act in accordance with the instructions of Council with respect to 20 Lewis Street. (

THAT: Council-in-Committee does now hereby adjourn at 11:07 p.m. (