The Municipal Corporation of the Town of Fort Erie

Transcription

1 The Municipal Corporation of the Town of Fort Erie COUNCIL-IN-COMMITTEE MEETING MONDAY, JULY 9, 2007 COUNCIL CHAMBERS MINUTES 1) CALL TO ORDER The meeting was called to order at 6:03 p.m. 2) ROLL CALL PRESENT: Mayor Douglas G. Martin; Councillors Annunziata, Lockwood, Noyes, Shular, Steckley and Whitfield. ALSO PRESENT: H. Schlange, Chief Administrative Officer C.J. Kett, Town Clerk M. Neubauer, Director of Corporate Services R. Tripp, Director of Infrastructure Services J. Mrozek, Manager of Development Approvals J. Douglas, Fire Chief SUPPORT STAFF: D. Heyworth, Senior Policy Planner S. Hansen, Manager, Parks/Open Space Development MEDIA PRESENT: Mark Ladan, The Times; Ray Spiteri, The Review; Mike Tenzser, Niagara This Week and COGECO MEMBERS OF THE PUBLIC PRESENT: 13 3) REVIEW OF ADDENDUM/ANNOUNCEMENTS Addendum NIL Announcements NIL Page 1 of 12

2 4) DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE NIL 5) PUBLIC NOTICE Sesquicentennial Council Meeting (150th) Anniversary to be held at the Barracks at the Old Fort on Monday, July 16, 2007 at 6:00 p.m. 6) COMMUNITY AND DEVELOPMENT SERVICES (A) DELEGATIONS Niagara Peninsula Conservation Authority and Philips Engineering Re: Floodplain Mapping Update and Fort Erie Watershed Plan Mr. Bishop delivered a power point presentation, which can be accessed in full text by clicking on the presentations link, and a paper copy is also available in the Clerk's Department. Mr. Brian Bishop of Philips Engineering indicated that he has been working with the Niagara Peninsula Conservation Authority (NPCA) for the past one and a half years on the Fort Erie Creeks and Watershed Plan. They developed watershed mapping and updated the floodline mapping. He introduced Mr. Tony Dimario Director of Watershed Management, NPCA. Mr. Bishop explained the study area as shown on the watershed plan which covers virtually the entire Town of Fort Erie and a small piece of Niagara Falls and Port Colborne. Mr. Bishop provided an introduction of the NPCA's new floodline mapping for the seven watercourses throughout the Town, background process and policy, flooding issues, overview of flood line mapping principles and next steps as set out in the power point presentation. (B) REPORTS REPORT NO. CDS REMOVAL OF DEVELOPMENT AGREEMENT - ABINO DUNES CORPORATION AND ROBERT A. RICH JR. - WEST SIDE OF POINT ABINO ROAD SOUTH (PRIVATE ROAD) Recommendation No. 1 THAT: The Development Agreement as it applies to lands shown as Part 1 on Appendix "2" of Report No. CDS be removed, and further THAT: The subject Plans shown as Part 1 on Appendix "2" of Report No. CDS merge in title with the lands owned by Robert A. Rich Jr. at 1119 Point Abino ROad south (private road). Page 2 of 12

3 (b) REPORT NO. CDS PROPOSED APPLICATION TO AMEND THE ZONING BY-LAW TERRACE LANE - RUTH AND CASEY BRUYNS Recommendation No. 2 THAT: The application by Ruth and Casey Bruyns to amend the Zoning By-law for the lands located at 3817 Terrace Lane to permit the existing semidetached dwelling be approved, and further THAT: A zoning by-law amendment changing the zoning from "Residential 2 R2 Zone" to a "Site Specific Residential 3 Holding R3(H) Zone" be submitted to Council upon removal of the porch encroachment onto the neighbouring property to the east, and further THAT: The holding provision not be removed until the road widening has been provided and the servicing concerns outlined in CDS have been addressed. (c) REPORT NO. CDS REQUEST BY CARAN CONSTRUCTION ON BEHALF OF BRUCE R. SMITH TRUCKING FOR A CONDITIONAL BUILDING PERMIT TO CONSTRUCT TRUCKING FACILITY AT 933 HELENA STREET Recommendation No. 3 THAT: The Chief Building Official be authorized to issue a Conditional Building Permit for construction of the foundations and underground services within the building envelope at 933 Helena Street in accordance with By-law No (d) REPORT NO. CDS SUBDIVISION AGREEMENT - DOMINION WOODS DEVELOPMENT INC. - DOMINION WOODS ESTATES - PHASE 1 - SOUTH SIDE OF DOMINION ROAD, EAST OF PROSPECT POINT ROAD Recommendation No. 4 THAT: The Town enter into a Subidivision Agreement with Dominion Woods Developments Inc. for Dominion Woods Estates - Phase 1, and further THAT: The developer be allowed to pre-service the subdivision prior to the registration of the Subdivision Agreement subject to receipt of the final drawings, security deposit, cash payment, approvals, insurance certificate and letter of indemnification to the satisdaction of the Town, and further THAT: A by-law be submitted to Council authorizing the Mayor and Clerk to execute the Subdivision Agreement and associated documents. (e) REPORT NO. CDS EXTENSION OF DRAFT PLAN APPROVAL - VILLAGE CREEK ESTATES PHASE 2 - DRAFT PLAN OF SUBDIVISION - SOUTH SIDE OF WEST MAIN STREET Page 3 of 12

4 Recommendation No. 5 THAT: Council support the extension of Draft Plan Approval for Village Creek Estates Phase 2 Draft Plan of Subdivision to May 1, 2009, and further THAT: The owneer and the Niagara Regional Planning and Development Department be so advised. (f) REPORT NO. CDS EXTENSION OF DRAFT PLAN APPROVAL - RIVER TRAIL ESTATES TWO - PHASE TWO - EAST SIDE OF BLACK CREEK ROAD SOUTH OF RIVER TRAIL Recommendation No. 6 Moved by: Mayor Martin THAT: Council extend Draft Plan Approval for the River Trail Estates 2 - Phase 2 Draft Plan of Subdivision located on the east side of Black Creek Road, south of River Trail until November 6, 2009, and further THAT: The owner and the Niagara Regional Planning and Development Department be so advised. (g) REPORT NO. CDS SITE PLAN AGREEMENT - JOHN HENRY SMITH LAND INC. - BRUCE R. SMITH TRANSPORT FACILITY HELENA STREET, SOUTH OF GARRISON ROAD Recommendation No. 7 THAT: The Town enter into a Site Plan Agreement with John Henry Smith Land Inc. for the proposed Bruce R. Smith Transport Facility located on the west side of Helena Street, south of Garrison Road, 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 Clerkt o execute the Site Plan Agreement and requisite documents. (h) REPORT NO. CDS SITE PLAN AGREEMENT - CALLOWAY REIT (FORT ERIE) INC. - PROPOSED BOSTON PIZZA AND SHOPPING CENTRE THOMPSON ROAD, NORTH OF GARRISON ROAD Recommendation No. 8 THAT: The Town enter into a Site Plan Agreement with Callaway Reit (Fort Erie) Inc. for the proposed Boston Pizza Shopping Centre (two strip plazas) located on the west side of Thompson Road, north of Garrison Road, 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. Page 4 of 12

5 (i) REPORT NO. CDS ERIE BEACH SECTION - FORT ERIE FRIENDSHIP TRAIL - AWARD OF TENDER Recommendation No. 9 THAT: The contract to construct the Erie Beach Section of the Friendship Trail be awarded to Stevensville Lawn Services, in the amount of $599,030.00, excluding g.s.t, and further THAT: A by-law awarding the tender be submitted to Council for approval, and further THAT: A by-law authorizing the contract administration of the project by Philips Engineering for an upset limit of $37,612.50, excluding g.s.t., be submitted to Council for approval, and further THAT: Council authorize the transfer of $85,000 from the Parkland Reserve Fund to the Erie Beach capital account, as approved through the 2007 budget deliberations. Resolution No. 10 Moved by: Councillor Noyes THAT: The third paragraph of the recommendation be removed and dealt with separately. Resolution No. 11 THAT: The contract to construct the Erie Beach Section of the Friendship Trail be awarded to Stevensville Lawn Services, in the amount of $ , excluding g.s.t., and further THAT: A by-law awarding the tender be submitted to Council for approval, and further THAT: Council authorize the transfer of $85, from the Parkland Reserve Fund to the Erie Beach capital account, as approved through the 2007 budget deliberations. Resolution No. 12 Moved by: Mayor Martin THAT: A by-law authorizing the contract administration of the project by Philips Engineering for an upset limit of $37,612.50, excluding g.s.t., be submitted to Council for approval. (j) REPORT NO. CDS RIDGEWAY LIONS FIELD PARK IMPROVEMENTS - AWARD OF CONTRACT Recommendation No. 13 THAT: The contract to implement the Ridgeway Lions Field Park Improvements be awarded to Steele Contracting Inc., in the amount of $121,900.00, excluding g.s.t., and further Page 5 of 12

6 THAT: A by-law awarding the tender be submitted to Council for approval, and further THAT: $32, be transferred from the Development Charges Reserve Fund for Parklands for the construction of this project, and further THAT: The Ridgeway Crystal Beach Community Policing Committee be formally recognized and thanked for its contribution of $11, to this park. Resolution No. 14 Moved by: Councillor Noyes THAT: The pathways through the park be added to the contract in the amount of $6, and that it be funded from the Development Charges Reserve Fund for Parklands, and THAT: The recommendation be amended accordingly. Resolution No. 15 THAT: The contract to implement the Ridgeway Lions Field Park Improvements be awarded to Steele Contracting Inc., in the amount of $128, excluding g.s.t., which includes the addition of pathways through the park in the amount of $6, and further THAT: A by-law awarding the tender be submitted to Council for approval, and further THAT: $38, be transferred from the Development Charges Reserve Fund for Parklands for the construction of this project, and further THAT: The Ridgeway Crystal Beach Community Policing Committee be formally recognized and thanked for its contribution of $11, to this park development. (k) REPORT NO. CDS UPDATE ON PROPOSED MODIFICATIONS TO THE NEW OFFICIAL PLAN Recommendation No. 16 THAT: Council receive this report for information purposes, and further THAT: A copy of Report No. CDS be forwarded to the Regional Municipality of Niagara, and further THAT: Council advise the Region to modify the Official Plan by incorporating the new floodplain mapping on to Schedule "A" as Environmental Protection Area and Schedule "C1" as Hazard. (l) REPORT NO. CDS PURCHASE OF NEW FIRE APPARATUS TO REPLACE A 1984 FIRE RESCUE VEHICLE Recommendation No. 17 Moved by: Mayor Martin Page 6 of 12

7 THAT: Council direct staf to prepare a by-law for the purchase of a new Light- Duty Rescue Truck from ResQTech Systems Inc. of Woodsstock, Ontario, for the quoted price of $134,620, including g.s.t., and further THAT: The remaining 2007 budget allocation for the purchase of the new piece of apparatus, estimated at $25,000, be transferred into the Fire Equipment Replacement Reserve Fund. (C) (D) NEW BUSINESS/ENQUIRIES NIL BUSINESS STATUS REPORT N/C 7) INFRASTRUCTURE SERVICES (A) DELEGATIONS Ron Tripp, Director of Infrastructure Services and Ian Izzard, Engineering Manager Re: Thunder Bay Drainage Improvements Mr. Tripp and Mr. Izzard delivered a power point presentation, which can be accessed in full text by clicking in the presentations link, and a paper copy is also available in the Clerk's Department. Mr. Tripp and Mr. Izzard of Infrastructure Services delivered a power point presentation with respect to the Thunder Bay Drainage Improvements. They summarized the overall problem vs. local solutions including existing conditions. They further discussed the proposed Master Plan to redistribute drainage basins, improve three existing outlets along the Friendship Trail, Burleigh Road and Thunder Bay Road and significantly reduce the flow through the Shirley Outlet. Resolution No. 18 THAT: The delegation's time be extended beyond the ten (10) minute limit. In closing, Mr. Tripp addressed design considerations, anticipated costs and timelines. (B) REPORTS REPORT NO. IS THUNDER BAY AREA STORM DRAINAGE IMPROVEMENTS Recommendation No. 19 Page 7 of 12

8 THAT: Report IS regarding Thunder Bay Area Storm Drainage Improvements be recieved, and further THAT: Council authorize staff to proceed with the detailed design of the same in accordance with the overall drainage solution as described in this report. (b) REPORT NO. IS AWARD OF TENDER FOR TREE PLANTING - DEVELOPMENT RELATED Recommendation No. 20 Moved by: Mayor Martin THAT: Council award the contract for Tree Planting - Development Related, to Lawns and More Inc., of Ridgeway, Ontario at the tendered amount of $70,100.19, including g.s.t., 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. (c) REPORT NO. IS AWARD OF TENDER FOR THE OTT ROAD BRIDGE REHABILITATION TO STRUCTURE S051B Recommendation No. 21 Moved by: Councillor Lockwood THAT: Council award the tender for the Ott Road Bridge Rehabilitation to Structure S051B, at the tendered amount of $69,950.46, including g.s.t. to Serianni Construction Ltd., of Welland, 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. (d) REPORT NO. IS FESTIVALS AND COMMUNITY EVENTS POLICY Recommendation No. 22 Moved by: Councillor Lockwood THAT: Council receive Report No. IS-35-07, regarding a Festival and Community Events Policy for information purposes, and further THAT: A by-law be submitted to Council to establish a policy for Festivals and Community Events pursuant to the provisions for this report, including a provision that there shall be no waiving of fees for the rental of any Town facilities or properties. Recommendation No. 23 Moved by: Councillor Noyes THAT: This matter be tabled for one (1) month pending stakeholder information (being those organizations who received the waiving of fees in 2006 and those that have requested same for 2007). Page 8 of 12

9 (C) NEW BUSINESS/ENQUIRIES a) Councillor Noyes Councillor Noyes once again raised the matter of staff providing information to hold community meetings in various parts of the Town to address the vandalism problems. She indicated such a meeting is required in Stevensville and other parts of the Town. Citizens have ideas they wish to share with Council for their consideration in addressing the problem. The Mayor advised an article was in the paper last week highlighting the problem of vandalism in the parks and to Town property. He informed Council he and Ms. Signe Hansen met with Staff Sgt. Mark Lightfoot to address the issue. The CAO undertook to follow up on the matter. b) Councillor Lockwood Councillor Lockwood questioned when Garrison Road would be paved from Central Avenue to Concession Road. Mr. Tripp responded that work is currently being done with respect to the utilities. The next step will be to meet with the individual property owners regarding impacts. He is looking at a report to Council to accept the tender possibly in August or September with the project to be finished next spring. c) Councillor Noyes Councillor Noyes inquired about the status for the tender for the Queen Street project. Mr. Tripp responded the tender came in over budget but there is opportunity to cut costs to get back to budget. The PBA as a funding partner, is supportive as well. The intent is to modify the contract and rescope it, particularly the landscaping and then retender. Councillor Noyes indicated she understood the tender came in at $5.2 million. The Town s budget with the PBA was $3.4 million. She questioned who is making the decision to change the design and prior to retendering, will Council see the design changes. Mr. Tripp indicated he did not anticipate bringing it back before Council but he could certainly do so. He explained there was a number of provisional items tying up a lot of money given the archaeological area. Councillor Noyes indicated Council approved the design for approximately for $3.4 million and suggested if the tender is over by about $2 million, Council should see the new design before it is retendered. Mr. Tripp undertook to return the design changes to Council. d) Councillor Whitfield Councillor Whitfield enquired if there was a specific portion of Queen Street that was significantly more costly in terms of streetscaping or infrastructure. Mr. Tripp responded it was fairly even across the board and it had to do more so with the provisional items. Councillor Whitfield advised he was approached by the Ridgeway BIA Page 9 of 12

10 after the recent Ridgefest and questioned if the Town had any storage space for their festival equipment and materials. He questioned if the Mentholatum building was available. Councillor Shular advised the building is owned by the PBA and they are permitting the storage of the Winterfest materials as a good neighbour. He suggested Councillor Whitfield could present his proposal to them. Councillor Steckley added there is also the storage building at the Ridgeway Lions Park. e) Mayor Martin Mayor Martin questioned if there was an impact tendering the Queen Street project late in the year. Mr. Tripp responded in the affirmative. He stated there was competitive bidding but if the tender was let when the contractors were looking for work, there would have been better prices. The Mayor suggested when the matter returns to Council perhaps the retendering should be held off until next year in order to achieve more competitive pricing. f) Councillor Noyes (D) Councillor Noyes advised the railroad crossing at Ott Road requires attention since cars are bottoming out. Councillor Shular added the railroad crossing on Gilmore Road also needs maintenance. BUSINESS STATUS REPORT N/C 8) CORPORATE SERVICES (A) DELEGATIONS NIL (B) (C) REPORTS NIL NEW BUSINESS/ENQUIRIES a) Mayor Martin Mayor Martin referred to a memo he sent to Council last week regarding the Encroachment Policy. In addition he received a copy of the letter sent to Mr. Griffin indicating that shrubs were prohibited. It was his understanding there were three phases to the process. If shrubs did not have an impact on the beach they could remain. When he spoke with Mrs. Salter, she indicated Section 8.2 of the Policy impacted Mr. Griffin. The Mayor advised Mr. Griffin has agreed to remove the fence at his own expense in the amount of $3, However he wishes to have some consideration for the plantings. In addition, he cannot undertake the work until November due to a medical condition and the Town s letter says he has ninety days to remove the encroachments. Mr. Griffin is most concerned about the shrubs on the northerly portion of the road allowance and whether or not this is the type of thing that Council would allow or not 12 Page 10 of

11 allow. Mr. Griffin would like that it remain as a beautification area since it is 3 feet away from the beach. The Mayor also referred to the stone fence and the file photographs. The Mayor explained the by-law states that anyone can come to Council requesting relief subject to a $ non-refundable fee. The Mayor suggested Council needs to be clear and if it is going to say no to all of these types of encroachments then the property owner should be told not to waste $ If something is over by 1 cm., they will have to rip it out if that was the decision of Council. He questioned if this is what Council intended and sought clarification. Councillor Lockwood responded the Town is not heavy-handed on how it approaches it citizens for infractions such as property standards, etc. She believes Mr. Griffin is showing good faith. Councillor Lockwood stated the split-fence does not impede or discourage access to the lake and it is beautiful. She agreed Council needs to state what the policy is. Common sense should prevail. In her opinion leaving the split-rail fence and shrubs which is quite a way back from the beach is fair. Councillor Whitfield agreed Mr. Griffin showed good faith. He stated the Encroachment Policy is for new encroachments and he does not advocate the wholesale destruction of plantings and shrubs. He believes they are far enough back, that it is not right to rip them out and that was not Council s intention. Councillor Noyes offered that it's one of the reasons why Council put forward the on a case-by-case basis. These matters would be considered on an individual basis based on circumstances. She suggested Mr. Griffin may have some good points. However her only concern is that there is a split-rail fence. If there are planted hedges and a fence and it is Town-owned property, it should be clearly marked as such. In addition, Mr. Griffin knew when he erected the fence that he could be asked to remove it at any time. b) Councillor Shular Councillor Shular provided the Clerk with a copy of the letter he received from a neighbour in the vicinity of the Friendship Festival which he requested be circulated to members of Council. He suggested it may be helpful to have the Friendship Festival appear before Council as a delegation to answer the questions raised in the resident s letter. Councillor Shular summarized the matters that are long standing issues with these types of events such as trespassing, lack of security, garbage, etc. Councillor Shular referred to the next Council meeting, being the Sesquicentennial to be held on July 16th, 2007 at the Old Fort. He raised concerns with respect to the heat or dampness, depending on the weather, limited audio and lighting. He suggested the agenda should be kept light in order to have a short meeting. Councillor Noyes advised the Rules of Procedure have to be followed and she recognized the ceremonial nature of the meeting. 12 Page 11 of

12 Recommendation No. 24 (D) THAT: Council Rules of Procedure By-law No be suspended to limit delegations for the July 16th, 2007 Sesquicentennial Council meeting at the Old Fort to presentations in concert with the Sesquicentennial, the Multicultural Centre, the Town s auditor and any others directly related to the 150th anniversary since the meeting is ceremonial in nature. BUSINESS STATUS REPORT N/C 9) SCHEDULING OF MEETINGS Corporate Services Meeting - Friday, July 27, 2007 at 8:00 a.m. - Conference Room No. 2 10) ADJOURNMENT Resolution No. 25 THAT: Council-in-Committee does now hereby adjourn at 9:04 p.m. MAYOR CLERK 12 Page 12 of