Regular Council in Committee

THAT: Council hereby approves, in principle, the Fire Service Review Report, and further THAT: Council hereby directs staff to prepare the Fire Department Master Plan for 2006 through 2011 based on this report, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JULY 10, 2006 PAGE TEN THAT: Council hereby directs staff to prepare the appropriate reports to bring before Council information regarding the implementation of various recommendations within the Report, and further THAT: Council hereby directs staff to implement those recommendations that are of an operational nature, not requiring Council approval. (

THAT: The Spears Road Estates Draft Plan of Subdivision submitted by FKS Real Estate People Inc. (Brian Sinclair) 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 “7” of this report, and further THAT: The parties be advised of 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 the 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 Report No. CDS-55-06 be circulated to the applicable agencies in accordance with the requirements of the Planning Act, and further THAT: The application to amend the Zoning By-law from the “Neighbourhood Development (ND) Zone” to “Residential 2 Holding R2 (H) Zone” permitting single detached dwellings and to “Open Space Holding OS (H) Zone” applying to the public park Block 41 and to Block 42 Stormwater Management Pond be approved and a Zoning By-law Amendment be submitted to

THAT: Council extend Draft Plan Approval for the Bakersfield Subdivision 26T- 91016 (Phase 1) and the Bakersfield Subdivision 26T-91016 (Phase 2) until May 1, 2008, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JULY 10, 2006 PAGE ELEVEN THAT: The owner, the mortgagee and the Niagara Regional Planning and Development Department be so advised. (

THAT: Report No. CDS-57-06 regarding Marijuana Grow Operations and Methamphetamine Laboratories be received for information purposes, and further THAT: The procedure for the remediation of found Marijuana Grow Operations and Methamphetamine Laboratories as contained in this report be adopted. (

THAT: Council enter into an Agreement with Ms. Patricia Gibson to permit the redevelopment of the existing single family dwelling at 2893 Bowen Road in accordance with By-law No. 77-05, “Policy for Conditional Permits to Facilitate Replacement Dwellings” subject to satisfying the conditions outlined within Report No. CDS-58-06. (

THAT: The contract to fabricate and install the Mewinzha exhibit be awarded to The Taylor Group, in the amount of $155,725.00 (excluding g.s.t.) if additional funding is not available from the Buffalo Fort Erie Public Bridge Authority, and further THAT: A by-law awarding the tender be submitted to Council, authorizing the Mayor and Clerk to execute the Contract Agreement, as outlined in Report No. CDS-59-06. (

THAT: The contract to manufacture, supply and install play equipment in Stevensville Mini Park be awarded to Recreation Playsystems, at an upset limit of $65,000.00 (excluding g.s.t.), and further THAT: The contract to manufacture, supply and install play equipment in Sugarbowl Park be awarded to ABC Recreation, at an upset limit of $69,981.12 (excluding g.s.t.), and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JULY 10, 2006 PAGE TWELVE THAT: A by-law awarding the tender be submitted to Council, authorizing the Mayor and Clerk to execute the contract agreements. (

THAT: Report No. CDS-61-06 regarding modifications to the Draft Official Plan, as a result of public submissions be received for information purposes, and further THAT: The recommended modifications to the Draft Official Plan identified in Report No. CDS-61-06 be approved, and further THAT: The Draft Official Plan be approved as modified, and further THAT: The Official Plan, as modified, be assembled with a formal package of information including the adopting by-law, forwarded to the Region for approval, and notice of Council’s adoption be provided. (

THAT: Report No. CDS-62-06 regarding CNR’s appeal of the Town of Fort Erie Housekeeping Amendment By-law No. 57-06 be received, and further THAT: The Town Solicitor be authorized to attend the Ontario Municipal Board Hearing in support of the Town’s Housekeeping By-law No. 57-06. (

THAT: The recommendation be amended to provide that Bertie Bay and Buffalo Road waterfront road allowances shall remain open to vehicles for boat launching purposes. (

THAT: Staff undertake improvements to waterfront road allowances in 2006 as identified in Report No. CDS-63-06, and further THAT: Staff undertake planning activities necessary to prepare for the 2007 improvements recommended in Report No. CDS-63-06. (

THAT: Council hereby approves the use of $30,000 from the Fire Equipment Reserve Fund Account to accelerate the purchase of Fire Fighters’ Protective Clothing (bunker gear). (

THAT: Report No. CDS-65-06 regarding the application to amend the Official Plan and Zoning By-law to permit the expansion of the existing ZOOZ Theme Park located at 2821 Stevensville Road be approved subject to the approval of Regional Policy Plan Amendment No. 9-2005 and the following conditions: 1. That the lands designated in the Official Plan for Highway Commercial Use fronting onto Stevensville Road be zoned “Highway Commercial C3 (H) Zone” in Zoning By-law No. 129-90 permitting the following uses; eating establishments, garden centres, liquor and beer stores, professional and business offices, retail stores and a tri-plex dwelling, and 2. That the land designated in the Official Plan for Agricultural Use be changed to “Open Space OS Zone” permitting a Zoological Theme Park which shall include conservation and open space uses, recreational uses, a mini putt golf course, education buildings, agricultural uses, an overnight campground and a veterinarian clinic; and that the following additional uses be permitted; one single detached dwelling, one accessory apartment and greenhouse, and 3. That the portion of the subject lands occupied by the tributary to Black Creek including a 30 meter buffer and the woodlots identified as a Provincially Significant Wetland be designated in the Official Plan as “Hazard (H) Zone” permitting only the conservation of the natural environment, and 4. That the land to be designated Open Space in the Official Plan be zoned “Open Space OS (H) Zon

THAT: The recommendation be amended to provide that the special provisions in the Subdivision Agreement require that the Town continue its current practice of requiring a cash deposit from the developer and the tree planting

THAT: The Town enter into a Subdivision Agreement with 1372708 Ontario Inc. for Crystal Ridge Landing Plan of Subdivision, and further THAT: A by-law be submitted to Council authorizing the Mayor and Clerk to execute the Subdivision Agreement and associated documents, and further THAT: A by-law be submitted to Council to amend Zoning By-law No. 129-90 removing the Holding Provisions after the Developer has entered into a Subdivision Agreement with the Town, and further THAT: The Developer be allowed to pre-service the subdivision prior to the registration of the Agreement subject to final approval of the drawings and contract documents by the Town, receipt of the security deposit, cash payment, MOE approvals, insurance certificate and letter of indemnification, all to the satisfaction of the Town, and further THAT: The special provisions in the Subdivision Agreement require that the Town continue its current practice of requiring a cash deposit from the developer and the tree planting

THAT: Council proceed with the drainage works for the Thompson Road Municipal Drain in accordance with the Drainage Act, RSO 1990, c.17, and further THAT: Council hereby awards the tender for construction of the Thompson Road Municipal Drain at the tendered amount of $43,798.46, including 6% g.s.t. to C.R.L. Campbell Construction and Drainage Ltd., of Wainfleet, Ontario, and further THAT: Council hereby authorizes interim financing of expenditures for construction of the Thompson Road Municipal Drain to be repaid by the benefiting property owners, and further THAT: Staff be directed to prepare the necessary by-law to authorize the Mayor and Clerk to execute the contract on behalf of the Town of Fort Erie. (

THAT: Report No. IS-41-06 regarding improvements to the Bay Beach property be received for information purposes, and further THAT: Council hereby approves the undertaking of additional parking lot improvements on Parts 3 & 8b of the Bay Beach property at an estimated cost of $40,000 as outlined in Report No. Is-41-06, and further THAT: Council hereby approves the allocation of $10,000 from the Infrastructure Services, Facilities Management, 2006 Capital Program to accommodate the additional parking lot improvements, and further THAT: Council hereby approves the allocation of $61,000 from the Building Maintenance Reserve to accommodate the cost of the Dance Hall demolition and the additional funds required to undertake the parking lot improvements, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JULY 10, 2006 PAGE SIXTEEN THAT: Council hereby authorizes staff to prepare the necessary by-law for the implementation of a Parking Restriction, Fee & Enforcement Program for the Bay Beach property, all as outlined in Report No. IS-41-06. (

THAT: Council authorize the insertion of a new capital project to the 2006 Budget – Reconstruction of Gilmore Road in the amount of $2,728,000; and THAT: Council delete Capital Project #3 – Catherine Street Reconstruction $1,860,000 from the 2006 Budget, for future consideration in 2007/2008; and further THAT: Council authorize the transfer of surplus proceeds from the 2003 Capital Project in the amount of $27,000 from Catherine Street (841.03CATH) to the new Gilmore Road project; and further THAT: Council authorize the debenture financing for Gilmore Road reconstruction in an amount not to exceed $1,555,000, and further THAT: Staff prepare and submit a by-law amending the 2006 Budget By-Law No. 30-06 and to authorize debenture funds as indicated above. (

THAT: Council approve the June 22, 2006 Land Committee minutes attached as Appendix “1” to Report No. CAO-13/LC-4-06. (

THAT: A by-law be submitted to Council to adopt a new Staffing Policy and to repeal By-law No. 201-89. (

THAT Council hereby receives Administrative Report No. CAO-15-2006 for information purposes as it relates to the status update of Council’s 2004 Strategic Plan, and THAT Council hereby approves the shared vision “We will guide the Town towards achieving a community that provides the quality of life we want for our children”, and THAT Council hereby confirms the purpose statement and values created by employees detailed in the Report, and THAT Council hereby approves in principle the integrated inventory of plans entitled “Road Map to the Future” attached as Appendix “3” to the Report. (

THAT: This report be received for information purposes, and further THAT: The Clerk be directed to publish notice of Council’s intentions to consider a new Council Rules of Procedure By-law substantially in the form contained herein, at its meeting of August 21, 2006, and further THAT: A further report be submitted to Council at its meeting of August 14, 2006 containing any amendments directed by Council and any public comments received as a result of the public notice, and further THAT: A review panel be established to analyze and report on the boards and committees by September 30, 2006. (

THAT: Council hereby receives for information purposes, the interim financial report for the six months ending June 30, 2006. (

THAT: The recommendation be amended to include that staff be directed to prepare a policy for encroachments on Municipal road allowances. (

THAT: This matter be

THAT: A by-law be submitted to Council to authorize the entry into an Encroachment Agreement with the owner of 1326 Garrison Road, (Norma Gail Shaw), to permit an encroachment on the east side of Pettit Road. (

THAT: Council-in-Committee does now hereby adjourn at 11:13 p.m. (