Town of Fort Erie Office of the C.A.O. Prepared for Council-in-Committee

Report No. CAO-24/LC-12-2006

Agenda Date December 11, 2006 File No. 120902 Subject LAND MATTERS: DECEMBER 5, 2006 SPECIAL LAND COMMITTEE MEETING MINUTES

Summary of Recommendation(s)

THAT Council approve the December 5, 2006 Special Land Committee

minutes attached to Administrative Report No. CAO-24/LC-12-2006 as Appendix “1”; and further

THAT Council approve the recommended tasks as outlined in Appendix “2”

to Administrative Report No. CAO-24/LC-12-2006.

Summary of Issues/List of Stakeholders

• Community of Fort Erie

Prepared by: Approved by: Bev Bradnam Executive Assistant to the CAO and Policy Analyst

Harry Schlange, MBA Chief Administrative Officer

/bb Attach.

Office of the C.A.O. Page 2 of 3 Report No. CAO-24/LC-12-2006

Purpose of Report The purpose of the 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 December 5, 2006 Special Land Committee meeting. Land Committee minutes are intended to be presented to Council for approval on a regular basis. Analysis Attached as Appendix “1” to the report is a copy of the December 5, 2006 Special Land Committee meeting minutes. Members of Council are requested to review the minutes in concert with the Administrative Report. Any land matter which requires action by Council will appear as a staff recommendation contained in the spreadsheet attached as Appendix “2” to the report. The minutes are intended to provide the background report associated with the staff recommendations. Contained in the minutes of December 5th is reference to recommendations passed by the Committee related to: a request for municipal property by Goodwill Niagara for a retail store/housing complex;

and a request for road closing and conveyance – unopened Winger Road Allowance, east

of Ridge Road North. Members of the Land Committee will be in attendance during Council’s deliberation to answer any questions arising from the minutes. It was agreed at the May 30, 2001 Land Committee meeting that all future draft minutes will be provided to Council by way of an Administrative Report in order to keep Council apprised of current land matters. While not all reports will provide recommendations for Council’s deliberations, they will provide background information on land matters discussed. Financial/Staffing Implications Detailed in the December 5, 2006 Special Land Committee minutes. Policies Affecting the Recommendation 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.

Office of the C.A.O. Page 3 of 3 Report No. CAO-24/LC-12-2006 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 Clerk and the EDTC General Manager. Other staff members are invited to participate in the Land Committee meetings depending upon their pecific duties, responsibilities and specific area of expertise. s

Alternatives None Described.

Attachments Appendix “1” – December 5, 2006 Special Land Committee minutes Appendix “2” - Recommended Tasks Appendix “2.1” – Goodwill Niagara letter Appendix “2.2” – Administrative Report No. LC-11-06 Distribution of Report - Land Committee members - Signe Edgecome, Manager of Parks and Open Space Development - Carol Schofield, Legal Assistant

APPENDIX “1” TO ADMINISTRATIVE REPORT NO. CAO-24/LC-12-2006 DATED DECEMBER 11, 2006

Town of Fort Erie

SPECIAL LAND COMMITTEE MEETING

Meeting Date, Time, and Location Tuesday, December 5, 2006 in Conference Room #1 at 9:00 a.m. Members Support Staff Mayor Doug Martin H. Schlange, Chief Administrative Officer, Chair M. Neubauer, Director of Corporate Services (regrets) G. Corney, Manager of Revenues and Collections C. Kett, Clerk R. Mostacci, Director of Community & Development Services R. Tripp, Director of Infrastructure Services J. Thibert, General Manager of the EDTC

D. Bryant, Development Coordinator, Community Health & Wellness C. Schofield, Legal Assistant B. Bradnam, Recording Secretary

1. Review of the October 30, 2006 Land Committee Minutes

Council adopted the minutes of the October 30, 2006 Land Committee meeting at the November 6, 2006 Council-in-Committee meeting. (Reference: CAO-23/LC-10-2006).

2. New Business

1) Goodwill Industries A letter received from Goodwill Industries Niagara is attached to the minutes as Appendix “2.1”. Rino advised of their recent purchase of the old Stokes Seeds building in St. Catharines, which is being converted to a retail store and housing complex. Regional Housing is issuing an RFP and in hearing up to respond to it Rino, Dave Heyworth and Deanna Bryant met with Saulis Zemaitis of Goodwill to discuss any available municipal sites the are not necessarily on Highway 3 but on a main road for a retail store. Rino noted that the Technical Planning Advisory Committee advised that the Town does not have any municipal property available but noted that there were many suitable sites within the Town that are not municipal properties. Rino also noted that they are also in contact with local real estate agents. Deanna Bryant further advised that the retail store located on the lower level of the complex provides training development for youth and also hosts seniors programs. Goodwill Niagara is very interested in working with Community Health & Wellness to conduct a community needs assessment if the project moves forward. Deanna also noted that this multi-purpose initiative includes affordable housing on the second floor. The following recommendation was passed by the Committee.

LAND COMMITTEE MEETING MINUTES – PAGE 2 December 5, 2006

2. New Business, continued

2) Goodwill Industries, continued Recommendation No. 1: THAT the Land Committee supports the retail store/housing complex being

considered by Goodwill Niagara. The Committee has reviewed the request and upon confirmation from Planning staff advise that the Town does not own property to meet the criteria for a retail store/ housing complex but would encourage Goodwill Niagara to continue looking for property in Fort Erie and are available to assist them, if needed.

(CARRIED)

3) Request for Road Closing and Conveyance – Unopened Winger Road Allowance East of Ridge Road North The Report prepared by Carol Schofield is attached as Appendix “2.2” to the minutes. The following recommendation was passed by the Committee: Recommendation No. 2: THAT the Clerk be directed to proceed in accordance with the provisions of the

Municipal Act, 2001 to stop up, close and convey part of the unopened Winger Road road allowance to the abutting property owner(s), at the appraised value, subject to:

(a) Any utility easements which may be required, and (b) The merger of the subject road allowance with the lands of the

abutting property owner(s) as it abuts their lands, and further THAT The abutting owner(s) shall be responsible for, and share proportionately

if applicable, all of the associated costs including the appraised value. (CARRIED)

3. Other Matters 1) Bay Beach – Lobster House

Rino advised that Council previously authorized up to $5,000 to obtain an architect’s determination as to cost to bring the structure up to commercial occupancy. Rino noted that structurally the building seems fine but it is not insulated, there are no heating/cooling systems and most of the difficulties are associated with safety and accessibility. Further information will be provided to Council as it is received.

LAND COMMITTEE MEETING MINUTES – PAGE 3 December 5, 2006

3. Other Matters, continued 2) Point Abino Road – Ownership from Erie Road South

The Committee instructed Carol to move forward on this project. Ron provided a brief review of the damage incurred recently by high winds and advised that for the remainder of the winter months only one lane will be accessible.

3) CP Railway lands – Bowen Road to east of Central Avenue

Rino advised that several Committee members did a walk through of the section of CP railway lands recently purchased by CNP. The Committee agreed that the lands adjacent to the Sugar Bowl and Horton Steel property would be useful for the Town and the remaining sections would only be used as a passive trail (no upgrades). Rino will continue his discussions with Angus Orford of CNP.

4) Proposed Disposal of Regional Niagara Former CN Lands Mayor Martin was update on the exchange of lands, which was approved by Council on

November 6, 2006.

4. Next Meeting & Adjournment The December 5, 2006 meeting of the Land Committee adjourned at 4:35 p.m. The next meeting of the Land Committee has been scheduled for Monday, January 29, 2006 at 10:00 a.m.

Minutes Recorded and Prepared By: Minutes Approved By: Beverley L. Bradnam Harry Schlange, CAO Executive Assistant to the CAO Chief Administrative Officer and Policy Analyst

cc: Members of Council

Appendix “2” to Administrative Report No. CAO-24/LC-12-2006 dated December 11, 2006

Calendar of Milestone Events related to Land Committee Recommendations

Date of Meeting

Land Matter Rec. No.

Tasks identified/Recommendation of Land Committee

Status/Council Action Required

Dec. 5/06 GOODWILL INDUSTRIES – REQUEST FOR SUITABLE MUNICIPAL PROPERTYTO ERECT A RETAIL STORE/HOUSING COMPLEX

No. 1

THAT the Land Committee supports the retail store/housing complex being considered by Goodwill Niagara. The Committee has reviewed the request and upon confirmation from Planning staff advise that the Town does not own property to meet the criteria for a retail store/housing complex but would encourage Goodwill Niagara to continue looking for property in Fort Erie and are available to assist them, if needed.

Dec. 5/06 REQUEST FOR ROAD CLOSING AND CONVEYANCE – UNOPENED ROAD ALLOWANCE EAST OF RIDGE ROAD NORTH

No. 2 THAT the Clerk be directed to proceed in accordance with the provisions of the Municipal Act, 2001 to stop up, close and convey part of the unopened Winger Road road allowance to the abutting property owner(s), at the appraised value, subject to:

(a) Any utility easements which may be required, and

(b) The merger of the subject road allowance with the

lands of the abutting property owner(s) as it abuts their lands, and further

THAT the abutting owner(s) shall be responsible for, and

share proportionately if applicable, all of the associated costs including the appraised value.

APPENDIX “2.2” TO THE DECEMBER 5, 2006 LAND COMMITTEE MEETING MINUTES

Town of Fort Erie Corporate Services

Our Focus: Your Future Prepared for Land Committee

Report No. LC-11-06

Agenda Date December 5, 2006 File No. 360507

Subject Request for Road Closing and Conveyance – Unopened Winger Road Allowance East of Ridge Road North Recommendation(s) THAT: The Clerk be directed to proceed in accordance with the provisions of the

Municipal Act, 2001 to stop up, close and convey part of the unopened Winger road allowance to the abutting property owner(s), at the appraised value, subject to:

(a) Any utility easements which may be required, and

(b) The merger of the subject road allowance with the lands of the abutting

property owner(s) as it abuts their lands, and further THAT: The abutting owner(s) shall be responsible for, and share proportionately if

applicable, all of the associated costs including the appraised value.

List of Stakeholders

1. Applicant and abutting property owner – Le Brel Enterprises Incorporated (1198 Ridge Road) 2. Abutting property owner – Manfred Sigmund Schneider (3166 Garrison Road) 3. Present and future area residents

Prepared by: Submitted by: Carol Schofield Legal Assistant

Carolyn J. Kett Town Clerk

Clerk’s Department Page 2 of 4 Purpose of Report A request has been received on behalf of Le Brel Enterprises Incorporated to purchase the unopened Winger road allowance east of Ridge Road North between Concessions 10 & 11, Niagara River. A copy of the Applicant’s request is attached hereto as Appendix “1”. Analysis Road Allowance The subject road allowance was established by the Crown Surveyor for the Township of Bertie in 1846, is 66 feet in width and has a depth of 840.18 feet, for a total area of 55,452 square feet (1.27 acres). It is unimproved and not travelled. Consent from the Crown to stop up and close the road allowance is not required as it does not abut land owned by the Crown nor does it lead to or abut a bridge, wharf, dock, quay or other work owned by the Crown. Portions of the road allowance immediately north were previously stopped up, closed and conveyed to the abutting owners. The portion of the road allowance immediately south comprises part of Town-owned lands, being The Battle of Ridgeway Memorial Park on Garrison Road. The previous closures of the road allowance to the north and the Town park to the south have left this “orphaned” section without any connection to other highways. Applicant The Applicant, Le Brel Enterprises Incorporated (Julie Lawson, President), is the abutting owner on the west side of the subject road allowance (1198 Ridge Road), and also owns lands abutting part of the east side of the subject road allowance (211.27 feet at the northerly end). Acquisition of the road allowance between the Applicant’s two abutting parcels would create one contiguous parcel. The Applicant’s lands are identified on Appendix “2” attached hereto. Other Abutting Owner Manfred Sigmund Schneider owns lands municipally known as 3166 Garrison Road on the east side of the road allowance (identified on Appendix “2”), and is the only other abutting owner. Mr. Schneider will be offered his proportionate one-half share of the road allowance as it abuts his property. In the event he declines the offer, it will then be offered to the Applicant who has indicated its interest in acquiring the entire section of road allowance since it abuts the entire length of its property to the west. Appraised Value An Appraisal of the subject road allowance has been obtained, establishing the market value at $17,200.00 plus g.s.t.

Clerk’s Department Page 3 of 4 Financial/Staffing Implications All costs associated with the road closing will be borne by the Applicant, including the administration fee, advertising, reference plan, appraisal fee, legal fees and disbursements. In the event the other abutting owner purchases his proportionate share of the road allowances, all associated costs will be shared proportionately. Policies Affecting Proposal By-law No. 230-96 provides for a road closing administration fee of $1,000.00. The Municipal Act, 2001 governs the stopping up, closing and conveyance of highways. Public Notice Policy By-law No. 24-04 requires notice pertaining to highways to be published once a week for two successive weeks as well as notice at the discretion of the Clerk, to those property owners affected directly by the proposed road closing by-law. Comments from Relevant Departments/Community and Corporate Partners Infrastructure Services The Municipal Engineer, Infrastructure Renewal, has advised that as the road allowance is not directly connected to the Town’s road allowance network, he has no objection to the disposal of this section, provided the purchaser is advised they must maintain any existing overland drainage patterns. In addition, there is no municipal plant located within the subject road allowance and consequently, there are no easement requirements. Community and Development Services The Manager of Development Approvals has advised that in view of the fact that this orphaned section of road allowance does not connect to any other road allowances, he has no objection to its disposal. However, it was noted that any prospective purchasers should be advised that the southern part of this road allowance is part of a Provincial Area of Natural and Scientific Interest (ANSI). Therefore, no development or any site alteration are permitted in the ANSI as they are considered open ecological files by the Ministry of Natural Resources where further evaluation may take place with respect to their significance and boundaries at any time. Any proposed development or site alteration on lands adjacent to the ANSI may only be permitted where the property owner has an Environmental Impact Study prepared that demonstrates there will be no negative impact to the ANSI’s natural features or functions. Manager of Parks & Open Space Development The Manager of Parks & Open Space Development was consulted relative to this section of the unopened road allowance having a connection to the south to The Battle of Ridgeway Memorial Park, to determine whether it should be retained for municipal purposes as an addition to the Town’s park. She has advised that this section does not support additional park functions or provide a pedestrian connection to the surrounding neighbourhood, and therefore has no objection to its disposal.

Clerk’s Department Page 4 of 4 Alternatives The Committee may determine to recommend to Council that the subject road allowance should be retained. Attachments Appendix “1” – Applicant’s request letter Appendix “2” – Property Map identifying road allowance & abutting properties Appendix “3” – Aerial photo