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, NOVEMBER 20, 2006 COUNCIL CHAMBERS M I N U T E S 1) CALL TO ORDER The meeting was called to order at 6:02 p.m. 2) ROLL CALL PRESENT: ALSO PRESENT: SUPPORT STAFF: MEDIA PRESENT: Mayor Wayne H. Redekop; Councillors Berry, Fell, Gorham, Lewis, Noyes and Shular H. Schlange, Chief Administrative Officer C.J. Kett, Town Clerk M. Neubauer, Director of Corporate Services R. Tripp, Director of Infrastructure Services R. Mostacci, Director of Community & Development Services C. Watson Legislative Assistant B. Ruck, Drainage Superintendent G. Corney, Manager of Revenue and Collections Nicole Montreuil, The Times; Ray Spiteri, The Review and Mike Cloutier, The Herald MEMBERS OF THE PUBLIC PRESENT: 10 3) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE

2 PAGE TWO 4) REVIEW OF ADDENDUM/ANNOUNCEMENTS Addendum Addition under Corporate Services Report No Third Quarter Financial Report State of Emergency Public Damage Report Amendments to Reserves and Capital transfers to offset revenue reductions. Addition of delegations under Infrastructure Services: Terry Eckert, 3535 Netherby Road and William C. Young, 2959 Stevensville Road re: Winger Road Municipal Drain. Announcements Mayor Redekop made the following announcements: On Monday, November 20, 2006 Mr. Schlange, Mr. Thibert and himself met with the Minister of Public Infrastructure Renewal in Toronto to discuss slots and the impact of revenue regarding the horse racing industry. Later that day they, along with Mrs. Neubauer, met with the Minister of Municipal Affairs and Housing to discuss disaster relief. Mrs. Neubauer reviewed a brief of information that had been sent to the Ministry on November 16, The Mayor congratulated Mrs. Neubauer on her diligence which will assist the Minister s staff in assessing the damage claim. The Mayor advised he anticipates costs to reach $3.3 million over the next year which will include clean-up and restoration costs with respect to trees. The Ministry will undertake to process the application as soon as possible and are interested in receiving photographs in CD format which demonstrates the nature of the devastation. The Mayor thanked Mr. Schlange, Mrs. Neubauer, Mr. Thibert and M.P.P. Kim Craitor for assisting in arranging this meeting. Mrs. Neubauer also discussed OMPF and CRF funding that Fort Erie has received over the years. 5) PUBLIC NOTICE - MUNICIPAL ACT, ) INFRASTRUCTURE SERVICES (A) DELEGATIONS (a) Jay Maxner, 3433 Netherby Road Re: Winger Road Municipal Drain Mr. Maxner referred to a letter he received from the Town stating The Tribunal Order is final and binding and he suggested that statement is untrue. He advised he has appealed to the Referee and will prove the report is too elaborate.

3 PAGE THREE Mr. Maxner indicated the purpose of the Drainage Act is to provide drainage for agricultural lands. In closing, Mr. Maxner stated the Young property has an outlet that drains and he hopes Council will take this into consideration and not approve the report. (b) Terry Eckert, 3535 Netherby Road Re: Winger Road Municipal Drain Ms. Eckert requested Council to delay consideration of the report and to review the appeal she had filed along with the Maxners She asked Council to join in the appeal. She referred to a letter sent from the Town on November 3, 2006 and suggested it incorrectly states the Order of the Tribunal is final and binding. She suggested the municipality can make an appeal and take a stand to oppose this. It is very elaborate and costly and the costs are not apportioned properly. Mr. Kuntze previously advised there is adequate and sufficient outlet at Winger Road and Netherby road. Ms. Eckert indicated this issue could have been resolved with the Town s help. She suggested the Drainage Act should not have been part of this matter. (c) William C. Young, 2959 Stevensville Road Re: Winger Road Municipal Drain Mr. Young advised he received correspondence late this afternoon and has not had an opportunity to discuss it with his lawyer. He stated he does wish to proceed with this project but he needs to seek legal advice. (B) REPORT NO. IS WINGER ROAD MUNICPAL DRAIN - TO PROVIDE DRAINAGE WORKS Recommendation No. 1 Council implement the Ontario Drainage Tribunal Order to proceed with drainage works on the Winger Road Municipal Drain and authorize payment for the cost of the Drainage Engineer's appearance to the Tribunal hearing in the amount of $949.29, and further Council hereby directs staff to comply with the requirements of the Drainage Act and follow "Recommended Schedule - Figure 1" as indicated in this report. Recommendation No. 2 The report be tabled to the Council Meeting of November 27, 2006 in order for staff to seek legal advice.

4 PAGE FOUR (C) NEW BUSINESS/ENQUIRIES (a) Councillor Noyes Councillor Noyes referred to the culvert that was installed several years ago at the corner of Netherby Road and Winger Road and advised the culvert is being removed but should never have been installed. She expressed concern about the cost to the taxpayer and enquired if the Region will pay for it. She stated the driveway, which is 50 ft. from the culvert, comes out kitty corner to Winger and Netherby Road and does not drain properly. She questioned who recommended it and who approved it and Mr. Tripp responded he will look into the matter. (D) BUSINESS STATUS REPORT N/C 7) CORPORATE SERVICES (A) DELEGATIONS (B) REPORT NO. CS WRITE-OFF OF MUNICIPAL TAXES - THE MUNICIPAL ACT, 2001 Recommendation No. 3 Moved by: Councillor Lewis The list of taxes and penalties totaling $12, be deemed uncollectable and struck from the roll, in accordance with Section 354 of the Municipal Act, Recommendation No. 4 The report be tabled to the Council Meeting of November 27, 2006 in order for staff to confirm that the properties have been vested or if they have not, that the Town can strike the properties without the Town s position being compromised. (C) REPORT NO. CS ADJUSTMENTS, REBATES, UNDER SECTION 357 AND 358 FOR 2004, 2005 AND 2006 Recommendation No. 5 Moved by: Councillor Shular The list of taxes and penalties totaling $26, attached as Appendix "A" to Report No. CS be cancelled, reduced or refunded as applicable in accordance with Section 357 and 358 of the Municipal Act, At this point, Council recessed for fifteen (15) minutes.

5 PAGE FIVE (D) REPORT NO. CS THIRD QUARTER FINANCIAL REPORT - STATE OF EMERGENCY PUBLIC DAMAGE REPORT - AMENDMENTS TO RESERVES AND CAPITAL TRANSFERS TO OFFSET REVENUE REDUCTIONS Recommendation No. 6 Council receive the financial report for the nine months ending September 30, 2006 (Appendix A ) for information purposes, and further The supplementary assessment of $80,700 ( Appendix B ) from Ontario Municipal Insurance Exchange (OMEX) be funded from the Town s Self- Insurance Reserve Fund, and further Council receive the State of Emergency Public Damage Report (Appendix C ) for information purposes, and further The following adjustments be made to budgeted transfers to reserve funds and capital to offset the anticipated reduction in revenues from Fort Erie slot operations and increased payments for insurance deductibles: Recommendation No Transfer of $38,000 to Self-Insurance reserve fund eliminated; 2. Project #832.06CLVT (Culvert and Bridge Improvements) be funded from the Roads Reserve fund, rather than Slot revenues; 3. Project #834.06RIVR (Town portion of River Trail development servicing) be deferred (developer not likely to proceed in 2006); 4. Project #834.05ERSD(Erie Road Storm Drainage) funding from slots be deleted; 5. Transfer to Facilities maintenance reserve fund of $167,000 be deleted; and 6. The remaining 2006 surplus from operations (base and supplementary budgets excluding ice storm expenditures) be transferred to the Facilities Maintenance Reserve fund. The four recommendations contained in the report be dealt with separately. Recommendation No. 8 Moved by: Councillor Shular Council receive the financial report for the nine months ending September 30, 2006 (Appendix A ) for information purposes. Recommendation No. 9 Moved by: Councillor Lewis The supplementary assessment of $80,700 ( Appendix B ) from Ontario Municipal Insurance Exchange (OMEX) be funded from the Town s Self- Insurance Reserve Fund.

6 PAGE SIX Recommendation No. 10 Council receive the State of Emergency Public Damage Report (Appendix C ) for information purposes. Recommendation No. 11 The following adjustments be made to budgeted transfers to reserve funds and capital to offset the anticipated reduction in revenues from Fort Erie slot operations and increased payments for insurance deductibles: (E) 7. Transfer of $38,000 to Self-Insurance reserve fund eliminated; 8. Project #832.06CLVT (Culvert and Bridge Improvements) be funded from the Roads Reserve fund, rather than Slot revenues; 9. Project #834.06RIVR (Town portion of River Trail development servicing) be deferred (developer not likely to proceed in 2006); 10. Project #834.05ERSD(Erie Road Storm Drainage) funding from slots be deleted; 11. Transfer to Facilities maintenance reserve fund of $167,000 be deleted; and 12. The remaining 2006 surplus from operations (base and supplementary budgets excluding ice storm expenditures) be transferred to the Facilities Maintenance Reserve fund. NEW BUSINESS/ENQUIRIES (F) BUSINESS STATUS REPORT N/C 8) CONSENT TO ADD OTHER BUSINESS SUBDIVISION MATTERS Recommendation No. 12 Moved by: Councillor Lewis Consent is hereby granted to consider Community and Development Service matters at this meeting due to extraordinary circumstances and to suspend Section 16.5 of Council Rules of Procedure By-law No , as amended, in order to deal with the Community and Development Service Business. 9) COMMUNITY AND DEVELOPMENT SERVICES (A) DELEGATIONS

7 PAGE SEVEN (B) REPORT NO. CDS DEVELOPMENT AGREEMENT FOR CONSENT APPLICATIONS ALBANY ROAD SEVERANCES RITA BOMBERRY ALBANY ROAD EAST OF BEATRICE STREET Recommendation No. 13 Moved by: Councillor Shular The Town enter into a Development Agreement with Rita Bomberry subject to receipt of the final drawings to the Town s satisfaction, and further The Mayor and Clerk be authorized to execute the requisite documents. (C) REPORT NO. CDS DEVELOPMENT AGREEMENT FOR CONSENT APPLICATIONS ALBANY ROAD SEVERANCES JOHN DASKEWICH ALBANY ROAD EAST OF BEATRICE STREET Recommendation No. 14 The Town enter into a Development Agreement with John Daskewich subject to receipt of the final drawings to the Town s satisfaction, and further The Mayor and Clerk be authorized to execute the requisite documents. 9) SCHEDULING OF MEETINGS 10) ADJOURNMENT Recommendation No. 15 Council-in-Committee does now hereby adjourn at 6:57 p.m. MAYOR CLERK