Regular Council in Committee

THAT:The recommendations contained in Report Nos. IS-16-13, IS-17-13, CDS-53-13, CDS-54-13, CDS-55-13 and CDS-56-13 be and they are hereby approved. (

THAT:The recommendation be amended to read as follows: “THAT:The following Standard “Second Opinion” Clause be included in all planning reports to Council-in-Committee “Should a motion be placed before Council that does not support Planning staff’s recommendation, Council is advised to table its decision to consider the matter further or until such time as a second planning opinion on the motion, from an independent planning consultant, can be obtained. If the applicant has an opinion from an independent planning consultant then Council can consider their report as the second planning opinion. In the event the second planning opinion, obtained by the Clerk or provided by the applicant is supported by Council, and Council makes a decision based on that second planning opinion, then the planner who has provided the second opinion shall be retained for the purpose of an Ontario Municipal Board hearing. The procedures under PLA-06 shall be followed as well.” (

THAT:The Standard “Second Opinion” Clause be included in all planning reports to Council-in-Committee as follows: “Should a motion be placed before Council that does not support Planning staff’s recommendation, Council is advised to table its decision to consider the matter further or until such time as a second planning opinion on the motion, from an independent planning consultant, can be obtained. If the applicant has an opinion from an independent planning consultant then Council can consider their report as the second planning opinion. In the event the second planning opinion, obtained by the Clerk or provided by the applicant is supported by Council, and Council makes a decision based on that second planning opinion, then the planner who has provided the second opinion shall be retained for the purpose of an Ontario Municipal Board hearing. The procedures under PLA-06 shall be followed as well. (

THAT:Council hereby receives Report No. CDS-47-1-13 for information and shall provide direction to the CGDC through the selection of one of the alternatives contained in the report as follows: THAT:Council take no action on amalgamation and allow the current delivery of figure skating programs in Fort Erie to continue. (

THAT:Council hereby authorizes the acceptance of the Offer to Purchase received from Sleek Developments Inc. (Rainer Hummel) in the amount of $100,000 for the sale of 283 Ridge Road North, and further THAT:The Chief Administrative Officer be authorized to execute the Agreement of Purchase and Sale and all documentation required to complete the transaction, and further THAT:The net proceeds from the sale of the lands be directed to the Museum Reserve Fund to be used to repay the Bertie Historical Society Bingo contributions. (

THAT:This report be received for information purposes, and a report on the zoning by-law amendment be presented to a future Council-in-Committee Meeting with the recommendations subsequent to the Public Meeting. (

THAT:The report be amended to include an Environmental Impact Study for all properties in the Waterfront Residential WR Zone. (

THAT:A by-law be submitted to Council to implement the proposed Housekeeping Amendments to Comprehensive Zoning By-law No. 129-90, as detailed in Appendices "1" and "2" of this report. (

THAT:The report be amended to provide that should the exchange of land transaction with the Bleichfeld Estate not occur within six (6) months, staff be directed to obtain the encroachment agreement. (

THAT:Council hereby approves the public realm improvement and encroachment recommendations contained within Report No. CDS-52-13, and further THAT:Council will consider the allocation of $50,000, through the 2014 budget deliberations, to perform public realm and encroachment improvements on Town-owned property, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JUNE 10, 2013 PAGE EIGHTEEN THAT:Council hereby authorizes staff to undertake all necessary work to facilitate and complete the exchange of land with the Bleichfield Estate, and further THAT:Should the exchange of land transaction with the Bleichfeld Estate not occur within six (6) months, staff be directed to obtain the encroachment agreement, and further THAT:The Sale of Land Policy By-law No, 184-07 be waived in this instance. (

THAT:Report No. CDS-57-13 regarding the Marijuana Grow Operations Protocol Agreement with the Niagara Regional Police Services be received for information purposes, and further THAT:The Clerk and Fire Chief be authorized to execute the Marijuana Grow Operations Protocol Agreement with the Niagara Regional Police Service. (

THAT:Council hereby approves a one year extension to Birdie Golf Carts on the enforcement of the non-conforming use of their property at 4915 Garrison Road to allow them time to go through the OMB process for their new property in Port Colborne. (

THAT:The hour of adjournment be extended beyond 10:00 p.m. (

THAT:Council hereby approves the May 30, 2013 Land Committee Meeting Minutes attached as Appendix "1" to Report No. CAO-06/LC-09-13 save and except Section 1(1) to Appendix “1”, Appendix “1.1” and Section 3(15) to Appendix “1” where conflicts of interest were declared. (

THAT:Council hereby approves the May 30, 2013 Land Committee Meeting Minutes attached as Section 3(15) to Appendix “1” to Report No. CAO-06/LC-09- 13. (

THAT:Council hereby approves the May 30, 2013 Land Committee Meeting Minutes attached as Section 1(1) to Appendix “1” and Appendix “1.1” to Report No. CAO-06/LC-09-13. (

THAT:The recommendation be amended to include direction to staff to incorporate an administrative fee for repeat offender inspections in the next annual review of the Fees and Charges By-law. (

THAT:This report be received for information purposes, and further THAT:Staff be directed to incorporate an administrative fee for repeat offender inspections in the next annual review of the Fees and Charges By-law. (

THAT:The Region of Niagara be advised the Town of Fort Erie supports their efforts to implement a by-law to regulate smoking in outdoor public places in Niagara as set out in Regional Report (REVISED) PHD-05-2013 dated April 19, 2013 subject to the Region understanding the Town of Fort Erie will not dedicate any resources to the enforcement of the by-law due to limited capacity. (

THAT:Council Rules of Procedure By-law No. 145-06, as amended, be suspended to permit the alteration of the August Meeting Schedule as follows: August 12, 2013 - Regular Council-in-Committee and Special Council Meeting; August 19, 2013 - Regular Council Meeting – CANCELLED. (

THAT:Council-in-Committee does now hereby adjourn at 10:51 p.m. (