Regular Council in Committee

THAT: The Town enter into a Development Agreement with Jonathan Whitton subject to receipt of the final drawings to Town satisfaction, and further THAT: The Mayor and Clerk be authorized to execute the requisite documents, and further THAT: The Developer be allowed to preservice the lands subject to the conditions outlined in Administrative Report No. CDS-35-05. (

THAT: Lands on the north side of Lambton Road, known as Lot 17, Plan 148, NP 488 be declared as surplus and offered as a non-buildable lot to the COUNCIL-IN-COMMITTEE MINUTES – MONDAY, APRIL 4, 2005 PAGE FOUR abutting property owners subject to the property merging in title with the abutting property, and further THAT: Lands on the east side of Ridgemount Road, known as Lot 2, Plan 148, NP 488 be declared surplus and offered as a non-buildable lot to the abutting property owners, subject to the lands merging in title with the purchaser’s property, and further THAT: Lands on the east side of Ridgemount Road, known as Lot 13, Plan 148, NP 488 be declared surplus and offered as a non-buildable lot to the abutting property owners, subject to the lands merging in title with the purchaser’s property. (

THAT: The Town enter into a Development Agreement with Kimberly Ferri for a six-lot development on the south side of Houck Crescent, east of Warwick Avenue, and further THAT: The Mayor and Clerk be authorized to execute the requisite documents, and further THAT: The Developer be allowed to preservice the lands subject to the conditions outlined in Administrative Report No. CDS-37-05. (

THAT: A public meeting be held to receive input with respect to the proposed housekeeping amendments to the Zoning By-law as outlined in this report. (

THAT: Report CDS-039-05 be adopted as the Town of Fort Erie comments relative to the Province’s draft Growth Plan, “Places to Grow”; and further THAT: Council adopt a resolution requesting the Minister of Public Infrastructure Renewal to continue to recognize the Town of Fort Erie as an “Emerging Growth Centre”; and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, APRIL 4, 2005 PAGE FIVE THAT: Council adopt a resolution requesting the Region to support its request to the Province to maintain its designation as an “Emerging Growth Centre”; and further THAT: A copy of this report be forwarded to the Province, as the Town of Fort Erie comments on the draft Growth Plan, “Places to Grow”; and that the Province revise the document to provide: • Clarification with respect to the “Gateway Economic Zone”; • Clarification on linking the Growth Plan to funding programs to allow municipalities to develop the necessary infrastructure and attract employment generators to become self-sustainable communities. • A simplified planning hierarchy to ensure the structure provides for community input, preserves community identity, and minimizes duplication with local and regional planning documents; and further THAT: A copy of this report be sent to the Fort Erie Economic Development and Tourism Corporation, Regional Planning Department and Niagara Economic Development and Tourism Corporation for information purposes, as well as MPP`s Tim Hudak and Kim Craitor . (

THAT: The application by William and Carmen Pasincky to amend the Zoning By-law for the lands at 915 Garrison Road from “Residential 1 R1 Zone” to “Highway Commercial C3 (H) Holding Zone”, as amended, to permit a vehicle sales and rental establishment including accessory motor vehicle auto body shop be approved, and further THAT: Planning staff be directed to prepare a zoning by-law amendment for the consideration of Council, and further THAT: The holding provision not be removed until a Site Plan Agreement has been completed to the satisfaction of the Town. (

THAT: The Redline revised Dominion Woods Draft Plan of Subdivision (files 26T-15-03-01 and 350309-0257) submitted by Planning and Engineering Initiatives be approved in accordance with the provisions of the Planning Act R.S.O. 1990 c.P.13 and regulations hereunder subject to the conditions contained in Appendix “7” of Administrative Report CDS-041-05; and further THAT: The parties be advised of Council’s decision on the application in accordance with Provincial regulations; and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, APRIL 4, 2005 PAGE SIX THAT: The Mayor be authorized to endorse the plan 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 will lapse three years from the date of Draft Plan Approval of the Draft Plan of Subdivision unless an extension of approval is granted by the Town Council, if an extension is requested, an updated review and revision of the conditions of approval may be necessary at that time; and further THAT: The conditions of Draft Plan Approval in Administrative Report CDS- 041-05 be circulated to the applicable agencies in accordance with the requirements of the Planning Act; and further THAT: The application to amend the Zoning By-law from “Neighbourhood Development (ND) Zone” to “Residential 1 R1 (H) Holding Zone” for lots along Dominion Road, to “Residential Multiple 1 RM1 (H) Holding”

THAT: By-law No. 194-04 be amended to extend the Parking Service Contract with William F. Smith. (

THAT: Council award the tender for the Oakes Drive Reconstruction, east and west of Douglas Street – Contract No. PW.050OAKS, at the tendered amount of $301,805.04, including g.s.t to Vic Vatrt Contracting Ltd., of Welland, Ontario, 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: Council award a contract for Sidewalk Repair Project, as detailed in Appendix “A” to A-1 Asphalt Maintenance Ltd. of Burlington, Ontario, at the tendered amount of $196,203.23 including g.s.t., and further THAT: Council approve the construction of 2100 meters of new sidewalk, funded from the 2005 General Levy, included in the 2005 Sidewalk Repair Project, as detailed in Appendix “A”, 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: Council award the contract for Road Resurfacing – Hot Mix Asphalt, to Rankin Contracting Inc., of St. Catharines, Ontario, at the tendered amount of $342,738.12 including g.s.t. utilizing Alternative “A” for Ridgemount Road and Sunset Drive, 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 award the contract for Road Resurfacing – Surface Treatment Three Year Contract (2005-2007) to Norjohn Contracting and Paving of Thorold, Ontario, at the tendered amount of $241,447.37, including g.s.t, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, APRIL 4, 2005 PAGE EIGHT THAT: Council also award the remainder of the 3 Year Surface Treatment Contract with amounts for 2006 and 2007 to be determined subject to budget allocations in each year, and further THAT: Staff be authorized to prepare the by-law authorizing the Mayor and Clerk to execute the contract with Norjohn Contracting and Paving of Thorold, Ontario on behalf of the Town of Fort Erie. (

THAT: Council does hereby approve the March 21, 2005 Land Committee Minutes attached as Appendix “1’ to Report No. CAO-04/LC-02-05 save and except Item 2(4). (

THAT: Council does hereby approve Item 2(4) of the March 21, 2005 Land Committee Minutes under Report No. CAO-04/LC-02-05. (

THAT: The recommendation contained in Report No. F-6-2002 and approved as amended at the Council-in-Committee meeting of January 21st, 2002 be and it is hereby rescinded, and further THAT: Subject to the Bardols being responsible for all associated legal costs and the granting of an easement to the Town in the amount of $1.00 for the power box located on their lands, east of the unopened Albert Street road allowance, (a) THAT: A by-law be submitted to Council to authorize the entry into an Encroachment Agreement with John and Susan Bardol for part of a building that encroaches upon the unopened Albert Street road allowance in the annual amount of $100.00, and further (b) THAT: A by-law be submitted to Council to authorize the entry into a Lease Agreement with John and Susan Bardol for the leasing of part of the untravelled portion of Albert Street to accommodate their tennis court in the annual amount of $100.00. (

THAT: This report be received for information, and further THAT: A by-law be submitted to Council to authorize the granting of a Quit Claim Deed to Flintlock Bay Realty Limited for lands on the east side of Lakeshore Road in settlement of the litigation, and further THAT: The Mayor and Clerk be and they are hereby authorized and directed to execute the Release in favour of the Town of Fort Erie in settlement of the litigation. (

THAT: A by-law be submitted to Council to amend Purchasing and Tendering Policy By-law No. 29-2002 to authorize pre-authorized payments and electronic banking transfer of funds to Teranet to facilitate electronic registration of documents in the Land Registry Office. (

THAT: The recommendation of staff to accept $1 million third party liability coverage from Xtreme Wheels in connection with the Skatepark Fundraising and Demonstration Event on the basis of the distinction set out in the Clerk’s Memorandum of April 1, 2005 be and it is hereby accepted. (

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

THAT: Council-in-Committee does now hereby adjourn at 9:38 p.m. (