Regular Council in Committee

THAT:Council receive Administrative Report No. IS-45-11 and the Outdoor Aquatic Facility Feasibility Study for information purposes, and THAT:Alternative 3B be selected as the preferred Alternative, and further THAT:Staff be directed to close the Kinsmen Pool at the end of the 2012 operating season, or sooner should staff determine it to be in the interest of public safety to do so, and further THAT:Council directs staff to develop a Capital Funding Strategy for Alternative 3B, as outlined in Section 8.2 of the Feasibility Study, to be considered through the 2012 Budget process. (

THAT:Council hereby supports Alternative 2, in principle as the preferred Alternative, and directs staff to report back to the Capital Budget Meeting of November 9, 2011 on the tax levy impact of $1.5 million over five (5) to seven (7) years recognizing the balance of funding shall come from fundraising and/or grants, and whether or not to keep the pool open in 2012. (

THAT:Council hereby award the tender for construction on the Beaver Creek Municipal Drain at the tendered amount of $317,983.70 (including H.S.T.) to V. Gibbons Contracting Ltd.; and THAT:Council hereby authorizes an additional expenditure of $141,000.00 identified in Table 1, which shall be recovered from the benefiting property owners within the Beaver Creek Watershed. (

THAT:Land Committee Minutes are provided to Council together with recommendations associated with property and land matter requests. Council, in its 2011-2014 Corporate Strategic Plan, has stated that Infrastructure, Economic and Business Development, Waterfronts and Financial Stewardship are four main priorities. Land and property matters are affected by each of these priorities. (

THAT:The Niagara Parks Commission be advised of the Town's wish to terminate the lease agreement for 657 Niagara Boulevard and that an accelerated termination date be requested; and further THAT:The two groups which responded to the Expression of Interest, be so notified that the Town does not wish to proceed with subleasing of the premises. (

THAT:A by-law be submitted to the Council meeting of October 24, 2011 to adopt the Town of Fort Erie 2011/2012 Accessibility Plan attached as Appendix "1" to Administrative Report No. CAO-19-2011, and further THAT:The Clerk be directed to advertise the adoption of the 2011/2012 Accessibility Plan in the local newspaper. (

THAT:Capital projects identified in Appendix "A" appended to this report are considered complete and closed, and THAT:All net surpluses, deficits and transfers for capital projects totalling $830,314 are allocated in accordance with Appendix "B", and THAT:The Frenchman's Creek Reserve balance of $811 be transferred to the Sanitary Sewer Refurbishing Reserve and the Frenchman's Creek Reserve be eliminated and the reserve by-law be amended accordingly. (

THAT:Council approve a by-law under Section 283(5) that one-third of the remuneration paid to the elected members of Council is deemed as expenses incident to the discharge of their duties as members of the Council. (

THAT:The list of taxes and penalties totalling $56,802.22, attached as Appendix "A" to Report No. CS-39-11 be cancelled, reduced or refunded as applicable in accordance with Sections 357 and 358 of the Municipal Act, 2001 and direct staff to prepare the appropriate by-law. (

THAT:Council approve the renewal of the TD Business Banking Agreement in accordance with By-law No. 207-07 that provided for a further five year renewal, and THAT:The renewal terms be based on the revised proposal as submitted by TD Commercial Banking for a 3-year period with an option to renew for two additional 1-year terms. (

THAT:The Municipal Council of the Town of Fort Erie hereby recognizes the need for an impartial party and therefore requests the Director, or designate of the Alcohol and Gaming Commission of Ontario (AGCO) to review and determine the eligibility of the Friends of Crystal Beach to hold a lottery licence in the Town of Fort Erie, and further THAT:Council hereby waives Sections 8.1 - 8.4 of Gaming Policy By-law No. 185-2000, as amended, respecting the appeal process. (

THAT:Councillors Hill, Lubberts and Collard be appointed to the Gaming Appeals Committee to hear the Friends of Crystal Beach appeal. (

THAT:Pursuant to Section 16.9 of Procedural By-law No. 145-06, as amended, consent is hereby granted to consider Community and Development Services matters due to extraordinary circumstances. (

THAT:Council receive this Administrative Report No. CDS-52-11 for information purposes, and THAT:A copy of this report be forwarded to the Region's Integrated Community Planning Department. (

THAT:Based on the above analysis staff recommend the inclusion of all the properties in Appendix "1" for the Registry with the exception of 767 Garrison Road and 33 Princess Street, and THAT:Should Council wish to take a collaborative approach with property owners then 2459 Dominion Road should not be included, and THAT:Council's approval should be based on the clarifying policy in this report that the 60 day notification requirement for demolition shall apply to only the original portions of the dwelling/building, and THAT:A copy of this report be forwarded to the Museum & Cultural Heritage Committee. (

THAT:Council-in-Committee does now go into closed session at 8:59 p.m. to discuss the following: (a) Personal Matters about Identifiable Individuals (Pursuant to Section 239(2)(b) of Municipal Act, 2001 - Personal matters about an identifiable individual, including municipal or local board employees and Section 239(2)(f) of Municipal Act, 2001 – Advice that is subject to solicitor-client privilege, including communications necessary for that purpose) Re: 357 Tax Write-off Applications (Confidential Report No. CS-41-11) (

THAT:Council-in-Committee does now rise and reconvene from closed session into open session at 9:07 p.m. with the following report: THAT:Council denies the applications for tax adjustments under Section 357(1)(d.1), sickness or extreme poverty pursuant to Confidential Report No. CS-41-11. (

THAT:The Municipal Council of the Town of Fort Erie hereby adjourns at 9:07 p.m. (