Regular Council in Committee

THAT:The recommendations contained in Report Nos. CDS-98-12, CDS-102- 12, CDS-103-12 and IS-35-12 be and they are hereby approved, (

THAT:Council hereby authorizes the initiation of an amendment to the Official Plan and Zoning By-law No. 129-90 in accordance with the Ontario Planning Act for Town-owned lands located at 209 Jarvis Street. (

THAT:The recommendation be amended under Appendix “5” by deleting Conditions 22 and 23, and inserting in lieu thereof the following Conditions 22 and 23 as approved by the Region under date of December 3, 2012. 22. That the owner agrees in the condominium agreement to provide in all units, central air conditioning, and double glazing on all windows. Further, that the owner agrees in the condominium agreement to include a resilient channel to be placed on both the northerly and easterly exterior walls of Unit 18, prior to drywall, adjacent to Dominion Road. 23. That a warning clause be included in the condominium agreement as follows: “Purchasers/Tenants are advised that noise control features have been included in all dwelling units to mitigate any potential noise impacts due to increasing regional road traffic, which may on occasion interfere with some activities of the dwelling occupants as the sound levels may exceed the MOE criteria.” (

THAT:The Deerwood Lane Plan of Vacant Land Condominium (southeast corner of Prospect Point Road and Dominion Road) dated February 28, 2012, showing 18 condominium townhouse units and an internal private roadway as shown on Appendix "3", be approved in accordance with the provisions of the Planning Act, R.S.O. 1990 c.P 13, the Condominium Act R.S.O. 1998 c.18 and the regulations thereunder, subject to the conditions contained in Appendix "5" of this report, as amended, and further THAT:The parties be advised of Council's decision on the application in accordance with the Planning Act, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, DECEMBER 3, 2012 PAGE TEN THAT:The conditions of Draft Plan Approval in Report No. CDS-97-12, as amended, be circulated to the applicable agencies in accordance with the requirements of the Planning Act. (

THAT:The matter of Report No. CDS-100-12 and amendments be

THAT: Council hereby endorses the Spears-High Pointe Secondary Plan (OPA 8) including modifications made following the Statutory Public Meeting, contained herein as Attachment 6, and further THAT: Council hereby authorizes staff to prepare the implementing Official Plan Amendment package for adoption, and further THAT: Council hereby authorizes staff to forward the implementing Official Plan Amendment package to the Regional Municipality of Niagara for approval. (

THAT:Staff be directed to remove the waterfront portion of the amendments to the Official Plan and the Zoning By-law until such time that the residents most affected by the changes can be here and a part of the process by May 24, 2013 weekend and staff can bring it forward to a Council-in-Committee Meeting in June 2013. (

THAT:A by-law be submitted to the Council meeting of December 10, 2012 to adopt the Town of Fort Erie Accessibility Policy attached as Appendix "1" to Report No. CAO-24-12. (

THAT:The list of taxes and penalties totalling $5,186.11, attached as Appendix "A" to Report No. CS-39-12 be cancelled, reduced or refunded as applicable in accordance with Section 357 and 358 of the Municipal Act, 2001 and direct staff to prepare the appropriate by-law, and further THAT:Council hereby denies the applications for tax adjustments under Section 357(1)(d.1), sickness or extreme poverty. (

THAT:The recommendation be amended by deleting paragraph three and inserting a new paragraph to read: “Should any further vacancies occur this term, they shall be filled through the open ballot process.” (

THAT:The recommendation be amended by adding a further paragraph as follows: “THAT:Council Rules of Procedure be suspended accordingly with respect to the filling of any further vacancies on this Committee due to the unique circumstance.” (

THAT:Resolution No. 10 dated November 13, 2012 be and it is hereby repealed, and further THAT:Dr. Jillian Hartman-Grelowski be appointed to the Hospital Services Advisory Committee for the balance of the term of Council, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, DECEMBER 3, 2012 PAGE FOURTEEN THAT:Should any further vacancies occur on this Committee during the balance of the term that the two remaining applicants appointed November 13, 2012 shall nd rd be automatically appointed in the order of 2 and 3 place, and further THAT:Council Rules of Procedure be suspended accordingly with respect to the filling of any further vacancies on this Committee due to the unique circumstance. (

THAT:Council does hereby go into closed session at 8:20 p.m. regarding the matter of the CAO selection process and procedure, all of which is pursuant to Section 239(2)(b) of the Municipal Act, 2001, as amended. (

THAT:Council-in-Committees does now hereby reconvene into open session at 9:15 p.m., and rises without report. (

THAT:Pursuant to Sections 239(2)(b) and (d) of the Municipal Act, 2001, as amended, Council hereby schedules a closed meeting of Council to be held on Friday, December 7, 2012 to advance the CAO selection process at a time and place to be determined by the Consultant due to the sensitivity of the matter, and further THAT:Council Rules of Procedure be and they are hereby suspended accordingly respecting the naming of the place due to the sensitivity and confidentiality of the matter. (

THAT:Council-in-Committee does now hereby adjourn at 9:20 p.m. (