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Town of Fort Erie Our Focus: Your Future Office of the C.A.O. Prepared for Council-in-Committee Report No. CAO-18/LC-22-2007 Agenda Date October 15, 2007 File No. 120902 Subject LAND MATTERS: SEPTEMBER 24, 2007 LAND COMMITTEE MEETING MINUTES Recommendations Council approve the September 24, 2007 Land Committee meeting minutes attached as Appendix 1 to Administrative Report No. CAO-18/LC-22-2007. Relation to Council s 2007-2010 Corporate Strategic Plan Land Committee Minutes are provided to Council on a monthly basis together with recommendations associated with property and land matter requests. Council, in its 2007-2010 Corporate Strategic Plan, has stated that Development and Land Use, Economic and Business Development, Financial Stewardship and Infrastructure are their four main priorities. Land and property matters are affected by each of these priorities. List of Stakeholders Applicants Residents of Fort Erie Prepared by: Approved by: Original Signed Bev Bradnam Executive Assistant to the CAO and Policy Analyst Original Signed Harry Schlange, MBA Chief Administrative Officer

Office of the C.A.O. Page 2 of 3 Report No. CAO-18/LC-22-2007 Purpose of Report The purpose of this report is to insure that members of Council are provided with current land information and staff s deliberations and recommendations associated with the land matters discussed at the September 24, 2007 Land Committee meeting. Land Committee minutes are intended to be presented to Council for approval on a regular basis. While not all reports will provide recommendations for Council s deliberations, they will provide background information on land matters discussed. Analysis Attached as Appendix 1 to the report is a copy of the September 24, 2007 Land Committee meeting minutes together with background information. Members of Council are requested to review the minutes in concert with the Administrative Report. Two of the new business items discussed at the September 24 th meeting require more detailed reports for Council s consideration of the recommendations passed by the Committee. Separate Administrative Reports have been prepared for the following items: Report No. LC-20-07- Report No. LC-21-07- Request to Purchase Municipal Property Park Place (a/k/a Cambridge Road West), south side, east side of Cambridge Place (Heilig) Request to Purchase Municipal Property Nigh Road (SS) and Richmond Avenue (WS) Two Properties Lots 610-615, Lot 66 and Lot 617 Plan 140, NP 480 (MacDonald) Members of the Land Committee will be in attendance during Council s deliberation to answer any questions arising from the minutes. Financial/Staffing Implications Detailed in the September 24, 2007 Land Committee minutes and contained in more detail in the additional accompanying reports listed in the Analysis Section. Policies Affecting Proposal By-law No. 41-07 adopted Council s 2007-2010 Corporate Strategic Plan. Land Committee Minutes are provided to Council on a monthly basis together with recommendations associated with property and land matter requests. Council, in its 2007-2010 Corporate Strategic Plan, have stated that Development and Land Use, Economic and Business

Office of the C.A.O. Page 3 of 3 Report No. CAO-18/LC-22-2007 Development, Financial Stewardship and Infrastructure are their four main priorities. Land and property matters are affected by each of these priorities. By-law No. 168-91, as amended, established and appointed members to the Land Committee. The By-law sets out the role of the Land Committee and defines mandates and responsibilities of its members. The sale of land is governed by By-law No. 44-95. Comments from Relevant Departments/Community and Corporate Partners The Land Committee is represented by the Mayor, the Chief Administrative Officer, the Director of Corporate Services, the Director of Community and Development Services, the Director of Infrastructure Services, the Director or Legal & Legislative Services and the EDTC General Manager. Other staff members are invited to participate in the Land Committee meetings depending upon their specific duties, responsibilities and specific area of expertise. Alternatives None Described. Attachments Appendix 1 September 24 th Land Committee minutes and attachment 1.1

Appendix 1 to Administrative Report No. CAO-18/LC-22-2007 Town of Fort Erie LAND COMMITTEE MEETING Meeting Date, Time, and Location Monday, September 24, 2007 in Conference Room #2 at 9:00 a.m. Members Mayor Doug Martin H. Schlange, Chief Administrative Officer M. Neubauer, Director of Corporate Services H. Salter, Director of Legal & Legislative Services R. Mostacci, Director of Community & Development Services R. Tripp, Director of Infrastructure Services (regrets) D. Campbell, Operations Manager J. Thibert, General Manager of the EDTC Support Staff S. Hansen, Manager of Parks & Open Space Development C. Schofield, Legal Assistant T. Villella, Neighbourhood Planner B. Bradnam, Recording Secretary 1. New Business 1) Request to Purchase Municipal Property Park Place (a/k/a Cambridge Road West) south side, east side of Cambridge Place (Heilig) Report No. LC-20-07, prepared by Tom Villella, was reviewed by the Committee. The following recommendation was approved and will be contained in an Administrative Report for the October 15, 2007 Council-in-Committee meeting: Recommendation No. 1: the lands on the south side of Park Place (a.k.a. Cambridge Road West) being Part of Lot 527 on Plan 33 NP 375 (ARN: 2703 030 004 01700 0000) be declared surplus, and further By-law No. 44-95, as amended, be waived in order to offer the land solely to the abutting property owner to the east, and further the lands merge in title with the abutting property to the east, and that the Town retain an easement for the protection of the existing municipal sanitary sewer located on the northwest corner of the property, and further a reference plan be prepared at the abutting owner s expense to describe the easement to be retained. (CARRIED)

LAND COMMITTEE MEETING MINUTES PAGE 2 September 24, 2007 1. New Business, continued 2) Request to Purchase Municipal Property Nigh Road (SS) and Richmond Avenue (WS) Two Properties Lots 610-615, Lot 664 and Lot 617 Plan 140, NP 480 (MacDonald) Report No. LC-21-07, prepared by Tom Villella, was reviewed by the Committee. The following recommendation was approved and will be contained in an Administrative Report for the October 15, 2007 Council-in-Committee meeting: Recommendation No. 2: the lands on the south side of Nigh Road and on the west side of Richmond Avenue, being Lots 610-615, Lot 617 and Lot 664 (ARN: 2703 020 010 98733 0000 and 2703 020 010 98361 0000) be declared surplus and offered to the abutting property owners, subject to the lands merging in title with the successful purchaser s property. (CARRIED) 2. Outstanding Parks and Open Space Development Land Matters 1) Bay Beach Property Rino is preparing a memorandum to Council providing further information respecting a potential conflict of interest regarding the RFP for the Lobster House architectural services. The tabled report will come back to Council-in-Committee on October 1, 2007. Rino confirmed that the parking analysis has been completed and a report and presentation will also be brought to Council-in-Committee on October 1, 2007. Rino noted that the consultant has determined that there is sufficient parking. Council may wish to reconsider the disposal of Part 3 of the Bay Beach lands that was temporarily being used as a parking lot until the study was complete. 2) Waterfront Road Allowance Demarcation A draft memorandum was circulated and Doug advised that six waterfront road allowances have been surveyed to date. Because of vegetation growth, the remaining three cannot be completed until winter. Signe, Carolyn and Ron have met and suggested that the priority has to shift from making improvements on the waterfront road allowances to completing the demarcation as there is a limited amount of funds available and the demarcation of the road allowances should occur before improvements are made. Improvements to the waterfront road allowances can be included in the 2008 budget. Ron to finalize the memorandum for Council.

LAND COMMITTEE MEETING MINUTES PAGE 3 September 24, 2007 3. Outstanding Land Matters for Discussion 1) Proposed Disposal of Regional Niagara Former CN Lands Carol confirmed that the matter is moving forward. 2) Updated Policy for the Sale of Lands Heather advised that she has been working on the sale of land policy and a draft should be available for Council s consideration in October. Heather also noted that the Land Committee terms of reference will also be reviewed for inconsistencies and any overlap it may have with the land policy. 3) CP Railway lands Bowen Road to east of Central Avenue No further update. 4) PBA Lease of 20 Lewis Street Russ is meeting with Canadian National Railway next week (October 4 th ). 5) Proposed Closure of north QEW Ramp at Concession Jim Thibert requested that the proposed closure of the redundant north ramp be returned to the outstanding items. Jim confirmed that the MTO would require an Environmental Assessment (EA) prior to closure and the MTO had suggested that the Town conduct the EA as it was not on the MTO workplan. Ron and Rino advised that it would cost approximately $100,000 to conduct the EA in order to determine that it is redundant. Rino confirmed that the costs could be recouped through the sale of the land. Jim advised that the MTO should have the project listed in their workplan. 4. Other Matters 1) DeLuca Property Donation of Land Signe provided some background history on the offer to donate lands to the Town in 2002-2003 by the DeLuca family. At the time, the transfer did not take place due to a number of reasons. The Committee confirmed that the property is important as it has a direct connection to the Memory Park on Stevensville Road, which has had involvement from several community groups including the Friends of Fort Erie Creeks, Stevensville Conservation Club and Stevensville Kinsmen and Kinettes. The Committee recommended that Legal & Legislative Services follow-up with Ms. DeLuca in order to complete the donation including writing off current taxes owing, covering the cost of estate conveyancing and providing a donation receipt for the assessed value of the property.

LAND COMMITTEE MEETING MINUTES PAGE 4 September 24, 2007 4. Other Matters 2) Riverwalk Rino advised that the ownership of Ming Teh has switched hands and suggested that the Town should attempt to secure a transfer or easement with the new owner in order to extend Riverwalk. 5. Next Meeting & Adjournment The September 24, 2007 meeting of the Land Committee adjourned at 10:07 a.m. The next meeting of the Land Committee has been scheduled for Monday, October 29, 2007 at 9:00 a.m. Minutes Recorded and Prepared By: Minutes Approved By: Bev Bradnam Executive Assistant to the CAO and Policy Analyst Harry Schlange, CAO Chief Administrative Officer cc: Members of Council

Appendix 2 to Administrative Report No. CAO-16/LC-19-2007 1