Regular Council in Committee

THAT: Report No. CDS-132-04 regarding an application for draft plan of subdivision approval (Dominion Woods) and to amend the Zoning By- law to permit a plan of subdivision containing 24 lots intended for single detached dwellings, 4 blocks intended for townhouse dwellings, one block for a walkway and one block for Open Space located on the south side of Dominion Road, east of Prospect Point Road be received for information purposes, and further THAT: A report on the application for draft plan of subdivision approval and to amend the Zoning By-law for the Dominion Woods Subdivision be presented to a future Council-in-Committee Meeting with the recommendations subsequent to the public meeting. (

THAT: This matter be

THAT: Report No. CDS-119-01-04 being a supplemental report regarding Crystal Beach Park Limited – East Hill Development be approved, and further THAT: The owner be allowed to pre-service the East Hill Development in the Crystal Beach Tennis & Yacht Club subject to meeting the Town’s pre- servicing requirements outlined in this report. (

THAT: Report No. CDS-126-01-04 regarding Phase 3 of the Friendship Trail be received for information purposes, and further THAT: The recommendations contained in Report No. CDS-126 04, as follows be approved: THAT: The contract to construct Phase 3 of the Friendship Trail be awarded to Stevensville Lawn Service Inc., in the amount of $588,191.00 (excluding gst), and THAT: A by-law awarding the tender be submitted to Council for approval, and THAT: A copy of Report No. CDS-126-04 be forwarded to the Region of Niagara and the City of Port Colborne. (

THAT: Report No. CDS-134-04 regarding the Neighbourhood Plan Program be received for information purposes only, and further THAT: Council authorize the formation of the Crystal Beach Neighbourhood Plan (CBNP) Community Focus Group, a working group consisting of interested citizens and business leaders formed to assist in the preparation of specific components of the Crystal Beach Neighbourhood Plan, and further THAT: The condition of Bay Beach be addressed as part of the maintenance and operational 2005 Budget deliberations, including funding requests for the restoration of washroom facilities, the securing and visual enhancement of the existing buildings on-site and the general appearance of the lands. (

THAT: Council approve Report No. CDS-135-04 regarding the Drainage and Lot Grading in the Town of Fort Erie, and further THAT: Council authorize staff to initiate the formulation of a “Drainage and Flood Management Plan”, and further THAT: A by-law be presented to Council to amend the Lot Grading and Drainage Policy in accordance with recommendations contained in Report No. CDS-135-04. (

THAT: Report No. CDS-136-04 regarding the New Official Plan be received for information purposes only, and further THAT: The remainder of the public consultation and analysis steps outlined in this report be initiated as steps toward completion and approval of the New Official Plan subsequent to revisions to address agency and public comments received to date and further THAT: This report be circulated to the Region of Niagara and relevant stakeholder groups for information purposes and their continued input into the New Official exercise. (

THAT: The application to red line revise the Village Creek Draft Plan of Subdivision be approved, and further THAT: Condition No. 1 of draft approval be deleted and replaced with the following Condition No. 1: 1. That this approval applies to the Village Creek Plan of Subdivision, Part Lot 11, Concession 12, Niagara River, Town of Fort Erie, prepared by Upper Canada Consultants, September 23, 2004 revised to show 75 lots, streets A to D, Block 76 & 78 to be combined as one block on the final plan for stormwater management, Block 77 (multiple residential), Block 79 and 80 lot reserves. THAT: In accordance with Section 51(47) of the Ontario Planning Act the red line revisions to the Village Creek Draft Plan of Subdivision are considered minor and written notice of the revision is not required. (

THAT: Report No. CDS-141-04 regarding the Local Architectural Conservation Advisory Committee’s Property Designation Request be approved, and further THAT: The Clerk provide Notice of Intention to pass a by-law in accordance with the provisions of the Ontario Heritage Act, and further COUNCIL-IN-COMMITTEE MINUTES– MONDAY, DECEMBER 6, 2004 PAGE NINE THAT: Following the provision notice Council adopt a by-law designating the property located at 168 Battery Street as a heritage property under Section 29 of the Ontario Heritage Act, R.S.O. 1990, Chapter 18, as amended. (

THAT: Council hereby authorizes the submission of an application for a grant under the Green Municipal Enabling Fund (GMEF) to obtain funding for the preparation of a Brownfield’s Community Improvement Plan (CIP), and further THAT: Council hereby formally requests funding from the Region (NETCOR) in the amount of $25,000 as a partner in the Brownfield’s CIP project, and further THAT: Council hereby authorizes the preparation and issuance of a Brownfield’s Community Improvement Plan RFP upon the attainment of requested funding, and further THAT: A copy of this report be forwarded to the Regional Municipality of Niagara (NETCOR) and be included in an application for a grant under the GMEF. (

THAT: Report No. CDS-140-04 regarding the Local Architectural Conservation Advisory Committee’s Property Designation Request be approved, and further THAT: The Clerk provide Notice of Intention to pass a by-law in accordance with the provisions of the Ontario Heritage Act, and further THAT: Following the provision notice Council adopt a by-law designating the property located at 202 Dufferin Street as a heritage property under Section 29 of the Ontario Heritage Act, R.S.O. 1990, Chapter 18, as amended. (

THAT: Subject to a favourable agency response, that lands on the east side of Bidwell Parkway, known as Lots 409, Plan 140, NP 480 and Lots 411- 412, Plan 140, NP 480 be declared as surplus and offered as non- buildable lots to the abutting property owners subject to the properties merging in title with the abutting property, and further COUNCIL-IN-COMMITTEE MINUTES– MONDAY, DECEMBER 6, 2004 PAGE TEN THAT: Staff be directed to advertise the declaration of these surplus parcels in the local newspaper and obtain an Opinion of Value for the parcels as per By-law No. 44-95. (

THAT: The Village on the Trail Condominium Plan of Subdivision as shown in Appendix “1” by Grey Forest Homes Limited, north side of Disher Street, west of Ridge Road be approved in accordance with the provisions of The Planning Act, S.O. 1998, cP.13 and The Condominium Act, R.S. O. 1990 and the regulations thereunder subject to the conditions outlined in Appendix “2” of this report, and further THAT: All parties are advised of Council’s decision on this application in accordance with Provincial regulations, and further THAT: The Mayor be authorized to endorse the draft condominium plan as approved 20 days after the notice of Council’s decision has been given provided that no appeals against the decision have been lodged, and further THAT: The applicant be advised that the Town’s draft plan approval on this condominium plan of subdivision will lapse three (3) 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 up-to-date review and revision of the conditions of approval may be necessary at that time, and further THAT: Administrative Report No. CDS-142-04 with the conditions of draft plan approval be circulated to the applicable agencies in accordance with the requirements of the Act, and further THAT: Planning staff be directed to prepare a draft Condominium Assumption Agreement for the consideration of Town Council at their Regular Meeting of December 13, 2004. (

THAT: 1. Delcan Corporation of Niagara Falls, Ontario, be retained to provide Engineering Services for the 2004 Engineering Services Road System Master Plan Update at the upset limit of $47,460.92 (including GST); and as a provisional item, to implement the Road Management System at an upset limit of $80,250.00 (including GST), THAT: 2. Council allocate $53,000 from the Development Charges Road Reserve Fund and $27,250.00 from the General Levy (Road Budget) during 2005 Budget deliberations for implementation of the Road Management System. THAT: 3. Staff be authorized to prepare the necessary by-law authorizing the Mayor and Clerk to execute the Agreement for Professional Engineering Services with Delcan Corporation on behalf of the Town of Fort Erie. (

THAT: Council approves the engagement of the Regional Municipality of Niagara for traffic signal maintenance, and further COUNCIL-IN-COMMITTEE MINUTES– MONDAY, DECEMBER 6, 2004 PAGE THIRTEEN THAT: Staff be directed to prepare the necessary by-law authorizing the Mayor and Clerk to execute the final agreement with the Regional Municipality of Niagara on behalf of the Town of Fort Erie.(

THAT: Council adopt the McGuard Fire Hydrant Lock as the standard fire hydrant anti-tampering device for Fort Erie Water Distribution System, and further THAT: Council approves the sole sourcing of the fire hydrant anti-tampering devices through McGuard Products over a multi-year installation program. (

THAT: Council receive the Engineer’s Report for the Dr. Cobb Municipal Drain, and further THAT: Council hereby establishes January 10, 2005 as the date to hold a public meeting to “Consider the Engineer’s Report” as specified under legislation in the Drainage Act. (

THAT: Council authorize the clearing of debris on the Mann Drain in the estimated amount of $20,000 on an hourly basis using the 2004 quoted equipment rental rates. (

THAT: Council award the tender for Local Improvement Project – Crystal Beach Hill Cottagers Organization Watermain Replacement, at the tendered amount of $454,457.64 including g.s.t. to DeRose Bros. General Contracting Ltd., of Thorold, Ontario, and further THAT: Council authorize debenture funding for the project costs, and further THAT: Staff be authorized to prepare the necessary by-law authorizing the Mayor and Clerk to execute the contract on behalf of the Town of Fort Erie. (

THAT: Item 5 of the November 29, 2004 CSP and Regular Land Committee Minutes be removed and dealt with separately. (

THAT: Council does hereby approve the November 29, 2004 CSP and Regular Land Committee Minutes attached as Appendix “1”, and further THAT: Council does hereby approve the recommended tasks as outlined in Appendix “2” to Administrative Report No. CAO-28/LC-04-04. (

THAT: Item 5 of the November 29, 2004 CSP and Regular Land Committee Minutes attached as Appendix “1” be approved. (

THAT: The contract for water meter reading services be awarded to Neptune Technology Group Ltd. in the amount of $84,252 plus g.s.t. annually based on a monthly read for a three year period, and further THAT: A by-law awarding the tender be submitted to Council for approval. (

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

THAT: The Clerk be directed to proceed in accordance with the provisions of the Municipal Act, 2001 to stop up, close and convey the untravelled 33 feet portion of Wood Street, east of Dunlop Street to the abutting owner subject to the applicant being responsible for all associated costs and the Engineering Division confirming servicing is available for a newly created lot. (

THAT: The Clerk be directed to proceed in accordance with the provisions of the Municipal Act, 2001 to stop up, close and convey the unopened portion of Hospitality Drive, (formerly Eighth Street), south of Walden Boulevard at the appraised value to Garrison Road Inc., subject to the applicant being responsible for all associated costs. (

THAT: A by-law be submitted to Council authorizing the acceptance of the tender from Dell in the amount of $48,639.25 for the replacement of a Computer Servers and Storage System. (

THAT: Council-in-Committee does now hereby go into closed session to discuss the following: (a) Legal Matters (i) Family Group Practice (Confidential Report No.CDS- 143-04) (ii) Crystal Beach Central and Bay Beach Sanitary Rehabilitation Tender (Confidential Report No. IS-70-04) (

THAT: Council does now rise and reconvene with report as follows: (i) A by-law be submitted to Council to amend By-law No. 47-04 to effect certain amendments to the agreement between the Town of Fort Erie and the Fort Erie Family Group Practice as described herein, and further that (ii) The matter of Crystal Beach Central and Bay Beach Sanitary Rehabilitation Tender be

THAT: Council-in-Committee does now hereby adjourn at 10:46 p.m. (