The Municipal Corporation of the Town of Fort Erie

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1 The Municipal Corporation of the Town of Fort Erie SPECIAL COUNCIL MEETING MONDAY, JANUARY 28, 2008 COUNCIL CHAMBERS 1) CALL TO ORDER M I N U T E S The meeting was called to order at 7:13 p.m. 2) ROLL CALL PRESENT: His Worship Mayor Douglas G. Martin; Councillors Annunziata, Lockwood, Noyes, Shular, Steckley and Whitfield. ALSO PRESENT: S. Cordiner, Regional Councillor (departed 7:45 p.m.) H. Schlange, Chief Administrative Officer C.J. Kett, Town Clerk H. Salter, Town Solicitor and Director of Legal and Legislative Services M. Neubauer, Director of Corporate Services R. Mostacci, Director of Community and Development Services R. Tripp, Director of Infrastructure Services J. Douglas, Fire Chief C. Watson, Legislative Assistant MEDIA PRESENT: T.J. Goertz, The Times; Joel Hoidas, The Review; Alison Bell, The Post and COGECO. MEMBERS OF THE PUBLIC PRESENT: 5 3) REVIEW OF ADDENDUM/ANNOUNCEMENTS Addendum Deletion of delegation: Brigitte Bonner. Announcements Mayor Martin made the following announcements: On two occasions last week Mayor Martin met with The Honourable Fonseca, Minister of Tourism along with Mr. Schlange, CAO and Mr. Thibert, General Manager, EDTC to discuss Fort Erie s tourism issues as they relate to the Fort Erie Racetrack and the difficulty Fort Erie Festivals are encountering due to the decline in bingo revenues. They also had lunch with him and the Niagara Falls Chamber of Commerce.

2 PAGE TWO On Thursday, January 24, 2008 Mayor Martin, Councillor Annunziata and Fire Chief Jim Douglas competed in the Knights of Columbus Free Throw Basketball Championship held at the YMCA. On Sunday, January 27, 2008 Mayor Martin along with the other Niagara Mayors dropped the puck for the Niagara Ice Dogs at a game held in St. Catharines which was televised nationally on Sports Net. 4) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE Councillor Lockwood Councillor Lockwood disclosed a pecuniary interest with respect to New Business Item (i) since she is the Co-ordinator of the Crystal Beach BIA Festival. Councillor Lockwood abstained from discussing or voting on the matter. Councillor Steckley Councillor Steckley disclosed a pecuniary interest with respect to New Business Item (i) since he has been a vendor at the Crystal Beach BIA Festival in the past and hopes to be a vendor again this year. Councillor Steckley abstained from discussing or voting on the matter. (c) Councillor Annunziata Councillor Annunziata disclosed a pecuniary interest with respect to Communication Item since he is the Chapter President for the Heart & Stroke Foundation in the Niagara Region. Councillor Annunziata abstained from discussing or voting on the matter. 5) ADOPTION OF MINUTES Regular Meeting of Council January 21, 2008 Resolution No. 1 Noyes-Annunziata THAT:The Municipal Council of the Town of Fort Erie hereby approves the minutes of the Regular Meeting of Council held January 21, 2008, as corrected under Section 13 (Councillor Noyes Notice of Motion CGDC) by adding the following words to the end of Paragraph One members are appointed by Council, and and printed. 6) PUBLIC NOTICE NIL 7) PRESENTATIONS AND DELEGATIONS John Papadakis, 3825 Wellington Road Re: Approval of location of cell phone tower at Crystal Ridge Library NOT IN ATTENDANCE.

3 PAGE THREE Flo Odding, Friendship Festival Re: Overview of 2008 Festival and Building Communities through Arts and Heritage Program Local Arts and Heritage Festivities (Funding Application) A copy of Mrs. Odding s written presentation can be accessed in full text by clicking on the presentations link and a paper copy is also available in the Clerk s Department. Mrs. Odding advised the Fort Erie Festivals, the umbrella organization, is planning another successful year presenting its 22 nd Annual Friendship Festival in partnership with Buffalo s Riverside Park from June 27 th to July 6 th, She advised plans are underway to produce the festival s traditional programs for Mrs. Odding stated they are also looking to reposition Fort Erie Festivals by introducing Our Heritage of Peace Days that will offer heritage based, educational, family programming from 11:00 a.m. to 8:00 p.m. daily from June 28 to June 30, She anticipates this will improve marketing and sponsorship opportunities, provide options for public participation and enhance program activities. This should also support any new or returning activities that fall under the Fort Erie Festivals umbrella such as the Santa Claus Parade or the Celtic Festival. In closing, Mrs. Odding advised funds are currently being sought through the Department of Canadian Heritage and the Ontario Ministry of Tourism to help support the enhanced heritage content and activities of the program including the bicentennial celebrations of the War of 1812 in Mrs. Odding thanked Council for their support in passing the resolution that will allow them to complete its application to the Department of Canadian Heritage. 8) COMMUNICATIONS Heart & Stroke Foundation of Ontario Re: Request proclamation of "February" as Heart Month Resolution No. 2 Noyes-Lockwood THAT:The Municipal Council of the Town of Fort Erie herby authorizes the Mayor to proclaim February as Heart Month within the Town of Fort Erie, and further THAT:The Heart and Stroke Foundation of Canada be advised that they may place proclamations in any of the local newspapers at their own expense. Child Advocacy Centre Niagara Re: Request for financial support Reference: To 2008 Budget deliberations.

4 PAGE FOUR (c) Genivar Re: Notification of Study Commencement - Replacement of Bowen Road Bridge, Interchange Reconfiguration, Queen Elizabeth Way (QEW) Widening from Mountain Road to Highway Region of Niagara Reference: To Director of Infrastructure Services for attention. (d) Township of Wainfleet Re: Request support of resolution to petition the Provincial government to amend the Smoke-Free Ontario Act to ban smoking in vehicles carrying children. Reference: To Regional Public Health Department for attention. (e) Communication Items Resolution No. 3 Steckley-Shular THAT:Communication items, (c) and (d) be dealt with according to the agenda references. 9) REPORTS OF COMMITTEES Recommendations of Regular Council-in-Committee - January 28, 2008 Resolution No. 4 Shular-Whitfield THAT:The Municipal Council of the Town of Fort Erie hereby approves the Recommendations of the Regular Meeting of Council-in-Committee held January 28, 2008, as printed. Boards and Committees Resolution No. 5 THAT:The following board and committee reports be received and filed: Bridgeburg Station Downtown Business Improvement Area Board of Management - December 19, 2007 Fort Erie Public Library Board - January 15, 2008 (c) Crystal Beach Business Improvement Area - January 10, 2008 Resolution No. 6 Lockwood-Noyes THAT:The following board and committee reports be accepted and approved: Traffic Coordinating Committee - December 4, 2007 Community Gaming Development Corporation - December 12, 2007

5 PAGE FIVE 10) ENQUIRIES BY MEMBERS Regional Councillor Report RC Cordiner advised a special meeting was held at the Region last week regarding the fluoridation issue. A motion was put forward to introduce fluoridation to all of the municipalities in the Niagara Region however, the motion did not pass. She advised there will be further consideration for Welland, Pelham and parts of Thorold, as they did have fluoridation up until a few years ago. This matter may come forward again in the future however, it will not happen in Fort Erie at this time. Response to Past Enquiries The CAO advised there were no responses to past enquiries. (c) Member Enquiries NIL 11) MOTIONS NIL 12) NOTICE OF MOTION NIL 13) CONSIDERATION OF BY-LAWS Resolution No. 7 Annunziata-Noyes THAT:The by-law package containing: By-law No. 8-08: To authorize the appointment and execution of an Engineering Agreement with Phillips Engineering Ltd. to provide engineering services for the Crescent Park (north) Storm Drainage Project By-law No. 9-08: To authorize the execution of an Assumption Agreement - Lexington Court Plan of Condominium, Phase 1 - Grey Forest Homes Ltd. (east sdie of Albert, north of Albany Street) (c) By-law No : To authorize the submission of an application to the Ontario Infrastructure Projects Corporation ("OIPC") for funding from the Municipal Infrastructure Investment Initiative for a new eligible capital project of the Corporation of the Town of Fort Erie (The "Municipality"), and to approve the expenditure of funds on said eligible capital project (d) By-law No : To authorize the entry into an agreement with Mr. Wilfred Robinson, owner of 5197 Michener Road for the provision of a sewage disposal system be hereby introduced and given first and second reading.

6 PAGE SIX Resolution No. 8 Shular-Whitfield THAT:The by-law package containing: By-law No By-law No By-law No By-law No be hereby given third and final reading, be signed by the Mayor and the Clerk and the corporate seal affixed thereto. Resolution No. 9 Lockwood-Noyes THAT:By-law No (Ratification of Minutes) he hereby introduced and given first and second reading. Resolution No. 10 Steckley-Shular THAT:By-law No be given third and final reading, be signed by the Mayor and the Clerk and the corporate seal affixed thereto. 14) NEW BUSINESS Approval of Various Community Events Resolution No. 11 Annunziata-Noyes THAT:Pursuant to Section 6.36 of Zoning By-law No , as amended, the Municipal Council of the Town of Fort Erie hereby grants permission to the following organizations to hold community events on Town-owned property, subject to receipt of public liability insurance naming the Town as additional insured, where appropriate: (i) Friends of Crystal Beach - Waterfront Park Concert Series - June 22, July 6, July 20, August 3 and August 17, :00-8:30 p.m. (ii) Friends of Crystal Beach - Crystal Beach Art Festival - June 22, :00 a.m. - 5:00 p.m. (iii) Friends of Crystal Beach - Celebrate Summer "08" - August 30, :00-8:00 p.m. (iv) Friends of Crystal Beach - 5k Run & Walk - October 4, :00 a.m. - 12:00 p.m. (v) South Niagara Life Centre Ministries - Annual Walk & Roll Campaign September 27, :30 a.m. - 12:30 p.m. - according to the route submitted, and further THAT:In the event any of the above event dates change, the Clerk of the Town of Fort Erie is hereby authorized to approve same subject to consultation with the relevant department, and further THAT:The organizers make every effort to recycle all materials from the events as recommended by the Regional Municipality of Niagara through their Special Event Recycling Program, and further THAT:Town staff are hereby authorized to provide services and materials accordingly, and further THAT:The appropriate agencies be so notified of this action.

7 PAGE SEVEN Resolution No. 11A Annunziata-Noyes THAT:Pursuant to Section 6.36 of Zoning By-law No , as amended, the Municipal Council of the Town of Fort Erie hereby grants permission to the following organization to hold its community event on Town-owned property, subject to receipt of public liability insurance naming the Town as additional insured, where appropriate: (i) Crystal Beach BIA - Crystal Beach Festival - July 26-27, 2008 at Crystal Beach Waterfront Park and partnering with Station #6 Fire Fighters for the beer tent and waiving of Alcohol Policy By-law No , and further THAT:In the event any of the above event dates change, the Clerk of the Town of Fort Erie is hereby authorized to approve same subject to consultation with the relevant department, and further THAT:The organizers make every effort to recycle all materials from the event as recommended by the Regional Municipality of Niagara through their Special Event Recycling Program, and further THAT:Town staff are hereby authorized to provide services and materials accordingly, and further THAT:Section 1.1 of Alcohol Policy By-law No be waived in order to permit the Fire Station #6 to operate a beer tent at the Crystal Beach Waterfront Park for the Crystal Beach Festival in 2008, subject to compliance with all of the relevant provincial and municipal rules and regulations, and further THAT:The appropriate agencies be so notified of this action. Friendship Festival Funding Application Re: Building Communities Arts and Heritage Program - Local Arts and Heritage Festivities Program Resolution No. 12 Shular-Whitfield THAT:The Municipal Council of the Town of Fort Erie hereby supports the Building Communities Arts and Heritage Program Local Arts and Heritage Festivities Program Funding Application of the Friendship Festival as circulated and further THAT:The Clerk is hereby authorized to execute the Municipal Form annexed hereto as Appendix 1. (c) Region and Town Public Information Meetings Re: Water and Sewer Rates approved by Region Resolution No. 13 Steckley-Annunziata THAT:Public Information Meetings be held by the Town in two or three locations throughout the Town to communicate to the residents how the water and sewer rates are set and to seek alternative suggestions for billing options.

8 PAGE EIGHT 15) SCHEDULING OF MEETINGS Accessibility Advisory Committee Tuesday, January 29, 2008 at 4:30 p.m. Conference Room #1 Greater Niagara Circle Trek Committee Wednesday, January 30, 2008 at 5:00 p.m. - Region (c) Black Creek Community Thursday, January 31, 2008 at 7:30 p.m. Black Creek Community Centre (d) February is Heart Month in Canada 16) ADJOURNMENT Resolution No. 14 Steckley-Shular THAT:The Municipal Council of the Town of Fort Erie hereby adjourns at 8:07 p.m. to reconvene into Regular Meeting of Council on Monday, February 11, 2008 at 6:00 p.m. MAYOR CLERK