Regular Council in Committee

THAT: The order of the agenda be altered to consider the Public Works Section after the Public Meeting under the Planning Act. (

THAT: Report No. PCS-61-2003 regarding the Kristen Close Draft Plan of Subdivision be received for information purposes only, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JUNE 9, 2003 PAGE FIVE THAT: A report on the Draft Plan of Subdivision be presented to Council-in- Committee with recommendations subsequent to the Public Meeting. (

THAT: A by-law be submitted to Council deeming Lot 138, Plan 82, NP 422 not to be a lot in a registered plan. (

THAT: A by-law be submitted to Council amending By-law No. 129-90 in accordance with the attached list of “Housekeeping Amendments to Zoning By-law No. 129-90”, including the replacement of the Zoning Schedules. (

THAT: Council advise the Ministry of Environment that the proposed Environmental Assessment Terms of Reference for the Mid-Peninsula Transportation Corridor require modifications with respect to inclusion of all the QEW corridor within the Town of Fort Erie in the study area, and further THAT: The Ministry of Transportation and the Ministry of the Environment confirm the requested modifications to the Terms of Reference prior to finalization. (

THAT: A by-law be submitted to the Council meeting of June 16, 2003 to adopt the Clean Yard (Waste and Debris) by-law, and further THAT: Notice be published in the local paper and posted on the Town’s website notifying the public of the requirements of the Clean Yard By- law. (

THAT: The draft plan of subdivision submitted by Lori Henry and Lynn Browne, Regional File No. 26T-15-02-07 be approved in accordance with the provisions of the Planning Act, R.S.O. 1990 c.P.13 and the regulations thereunder subject to the conditions contained in Appendix “2” of this report, and further THAT: The parties be advised of the Council’s decision on the application in accordance with Provincial regulations, and further THAT: The Mayor be authorized to endorse the plans as approved 20 days after the Notice of Council’s decision has been given provided that no appeals have been lodged, and further THAT: The applicant be advised that the Town’s conditions of draft plan approval for the subdivision will lapse three years from date of draft plan approval unless an extension of approval is granted by Town Council. If an extension is requested an updated review and amendment of the conditions of approval may be necessary at that time, and further THAT: The conditions of draft plan approval in Administrative Report No. PCS-66-2003 be circulated to the applicable agencies in accordance with the requirements of the Planning Act, and further THAT: A zoning by-law amendment be submitted to Council amending the zoning of the subject lands from “Residential Development RD Zone” to a “Residential 1 Holding R1H Zone”. (

THAT: The Wellington Court Condominium Plan of Subdivision as shown in Appendix “1” by 1314456 Ontario Inc. under File No. 26CD-15-9901, 630 Albert Street be approved in accordance with the provisions of The Planning Act, S.O. 1998, c.P.13 and the Condominium Act, R.S.O. 1990 and the regulations thereunder subject to the conditions outlined in Appendix “2” of this report, and further THAT: All parties be advised of Council’s decision on this application in accordance with Provincial regulations, and further THAT: The Mayor be authorized to endorse the draft condominium plan as approved 20 days after the notice of Council’s decision has been given provided that no appeals against the decision have been lodged, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JUNE 9, 2003 PAGE SEVEN THAT: The applicant be advised that the Town’s draft plan approval on this condominium plan of subdivision will lapse three (3) years from the date of draft plan approval unless an extension of the approval period is granted by Town Council. If an extension is requested, an up-to- date review and revision of the conditions of approval may be necessary at that time, and further THAT: Administrative Report No. PPS-67-2003 with the conditions of draft plan approval be circulated to the applicable agencies in accordance with the requirements of the Act. (

THAT: The Town enter into a Development Agreement with 1314566 Ontario Inc. represented by its signing officer, Mr. Roger Kucy, President, subject to receipt of the final drawings to Town’s satisfaction, and further THAT: The Mayor and Clerk be authorized to execute the requisite documents. (

THAT: The two recommendations be dealt with separately. (

THAT: Council grant a variance to Fence By-law No. 19-2003 to allow a fence height of 1.8 metres where the by-law requires 1 meter in the front yard at 187 Maple Leaf Avenue North. (

THAT: Council amend Fence By-law No. 19-2003 to authorize the Chief Building Official to approve minor exceptions to the Fence By-law. (

THAT: Council amend Pool By-law No. 56-94 to include a provision prohibiting the draining or backwashing of the contents of a pool onto neighbouring properties. (

THAT: Council support an extension of draft plan approval for the Hagey/Bertie Condominium conversion Draft Plan of Subdivision to June 23, 2005 under Regional File No. 26CD-15-9903, and further THAT: The owner and the Regional Niagara Planning and Development Department be so advised. (

THAT: This report be received for discussion purposes, and that this report together with the draft Town of Fort Erie Urban Land Needs Assessment be circulated to the Region of Niagara, and the Ministry of Municipal Affairs and Housing for review and comment, and further THAT: Staff be authorized to receive Public Input on the findings of the draft Urban Land Needs Assessment through its circulation to those individuals who have requested that certain lands be included in the Town’s Urban Area Boundaries, and other relevant stakeholder groups as identified in Report No. PCS-72-2003. (

THAT: Council authorize staff to proceed with the preparation of a Neighbourhood Plan for Crystal Beach / Ridgeway / Thunder Bay, and further THAT: Council endorse the work program contained in this report and that staff be authorized to advertise, organize and hold a Neighbourhood Open House, and further THAT: A working group be formed to assist in the preparation of the Neighbourhood Plan. (

THAT: A by-law be submitted to Council authorizing the extension of the agreement to lease the pro/sports shop at the Leisureplex with Family Sports Limited for an additional five years commencing July 1, 2003, according to the same terms and conditions except as follows: COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JUNE 9, 2003 PAGE NINE 4. Lease Fees and Common Area Charges 1st year $ 8.00 sq.ft./year – plus common area charge of $1.50 sq.ft./year 2nd year $ 9.00 sq.ft./year – plus common area charge of $1.50 sq.ft./year 3rd year $10.00 sq.ft./year – plus common area charge of $1.50 sq.ft./year 4th year $11.00 sq.ft./year – plus common area charge of $1.50 sq.ft./year 5th year $12.00 sq.ft./year – plus common area charge of $1.50 sq.ft./year (

THAT: A by-law be submitted to Council to increase the set fine for the violation of parking in a space designated for the disabled to $300.00, and further THAT: Notice be provided through the local newspaper informing the public of the increase in fines. (

THAT: This matter be

THAT: The Town of Fort Erie enter into an agreement for payroll, tax remittance and other related services, through by-law, in the form attached as Appendix “1” to Report No. F-23-2003. (

THAT: Staff provide information to Council on a monthly basis depicting the establishment of new businesses. (

THAT: Council award the contract for Road Resurfacing – Surface Treatment to Miller Pacing Limited of Markham, Ontario at the tendered amount of $265,862.90, 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. (

THAT: Council accept the tender from 984265 Ontario Limited (Circle P Paving Ltd.) of Stevensville, Ontario for Road and Driveway Cut Reinstatement 2003, Contract No. PWO-03-2003, in the amount of $95,609.85, including g.s.t. (

THAT: The above recommendation be

THAT: Council authorize Town Staff to proceed with the acquisition and dedication of Point Abino Road as a Public Highway, and further THAT: Council authorize funding in the amount of $20,000 from the Capital Expenditure Reserves to carry out the acquisition and dedication of Point Abino Road as a Public Highway. (

THAT: Council-in-Committee does now go into closed session to discuss the following: (a) Property Matters (i) Statement of Claim - Flintlock Bay (ii) Land Committee Minutes – May 30, 2003 (

THAT: Council hereby authorizes the meeting to continue beyond the hour of adjournment of 9:30 p.m. (

THAT: Council does hereby rise with report as follows: (i) Statement of Claim – Flintlock Bay (Report No. F-15-1-03) THAT: The Clerk be directed to communicate Council’s instructions to the Town’s Legal Counsel relative to the Statement of Claim by Flintlock Bay Realty Limited. (

(ii) Land Committee Minutes – May 30, 2003 THAT: The Regular and CSP Land Committee minutes of May 30, 2003 be and they are hereby received for information and the following matters are hereby approved: (a) Stevensville Park THAT: The location of the Memorial Board in Stevensville Park be and it is hereby supported, in principle, subject to the resolution of the park design and Council approval of the park development, and further THAT: Staff are hereby instructed to work with the Kinsmen Club of Stevensville to identify community partners and further the park development subject to the submission of an amended bingo lottery licence budget and subsequent approval of the Community Gaming Development Corporation. (b) Renewal of Leisureplex Family Sports Lease THAT: A report be submitted to the Council-in-Committee meeting of June 9, 2003 recommending the renewal of a lease agreement with Family Sports at a negotiated lease rate. (c) Douglas Hill THAT: The Lions Club be advised that a fence will be erected at the midway point of Douglas Hill to be cost shared between the Town and the Club and that the long term plans for Douglas Hill be held in abeyance pending the outcome of the Gateway Study. (

THAT: Council-in-Committee does now hereby adjourn at 9:58 p.m. (