Regular Council in Committee

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:Council hereby authorizes the initiation of an amendment to the policies of the Town's Official Plan, an amendment to the provisions of the Town's Zoning By-law No. 129-90 and amendments to the Town's Site Plan Control By-law No. 133-86 to regulate and provide provisions for Medical Marihuana facilities based on the new Federal Marihuana for Medical Purposes Regulations. (

THAT: Council hereby authorizes an amendment to the 2013 Capital Budget to add the Black Creek Road Upgrade Project BCRU13 in the amount of $475,000 with funding of $252,000 from the Road Development Charges Reserve, $142,000 from the Road Reserve, $52,000 from the Storm Development Charges Reserve and $29,000 from the Storm Reserve, and further THAT: Council hereby authorizes an amendment to the 2013 Capital Budget to add the Lawrence Avenue Storm Outlet Project LAWE13 in the amount of $238,000 with funding of $153,000 from the Storm Development Charges Reserve, and $85,000 from the Storm Reserve, and further THAT: The Town enter into a Subdivision Agreement with Royal Niagara Development Corporation for River Trail Estates Phase 2 - Stages 1, 2, & 3, and further THAT: The developer be allowed to pre-service the subdivision prior to registration of the Subdivision Agreement subject to receipt of the final drawings, security deposit, cash payment, approvals, insurance certificate and letter of indemnification to the satisfaction of the Town, and further THAT: A by-law be submitted to Council authorizing the Mayor and Clerk to execute the Subdivision Agreement and associated documents. (

THAT: The application by Upper Canada Consultants (Jason Schooley) to amend the Official Plan from "Urban Residential" to "Commercial" be approved and an Official Plan Amendment By-law be submitted to Council for approval, and further THAT: The application to amend the Zoning By-law from the "Highway Commercial C3 Zone" and from a "Neighbourhood Development ND Zone" to a "Site Specific Highway Commercial C3 Zone" be approved and a Zoning By-law Amendment be submitted to Council. (

THAT:Pursuant to Section 16.10 of Council Rules of Procedure By-law No. 145-06, as amended, consent is hereby granted to consider an Infrastructure Services and Corporate Services matter due to their urgent circumstances. (

WHEREAS the Ministry of Transportation (MTO) has retained Dufferin Construction to complete design and construction services for the removal and replacement of five (5) Type 1 Overhead Sign Support Structures at various locations on the Queen Elizabeth Way (QEW), from Gilmore Road to Concession Road within the Town of Fort Erie (hereinafter called "the Project"), and WHEREAS Ainley & Associates Limited on behalf of Dufferin Construction is requesting an exemption to the Town’s Noise By-law in association with the Project, and WHEREAS Town of Fort Erie Noise By-law No. 30-09 provides under Section 2.3 (g) any sound made by construction between the hours of nine o’clock in the evening (9:00 pm) and seven o’clock in the morning (7:00 am) is deemed to be unreasonable noise or noise likely to disturb the inhabitants of the Town of Fort Erie, and WHEREAS it is deemed desirable to grant an exemption to the Noise By-law in order to accommodate the Project subject to conditions; NOW THEREFORE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie that it hereby grants an exemption to Section 2.3 (g) of Noise By-law No. 30-09 to Ainley & Associates Limited on behalf of Dufferin Construction to carry out the Project from on or about October 14, 2013 to on or about February 28, 2015 between the hours of 9:00 p.m. and 7:00 a.m., subject to the following conditions: COUNCIL-IN-COMMITTEE MINUTES – MONDAY, OCTOBER 7, 2013 PAGE SEVEN THAT:Ainley & Associates Limited on behalf of Duf

THAT:The recommendation be amended to include that any surplus remaining from the $37,550 be applied to the Shagbark Trail Rehabilitation Project in 2014. (

THAT:Council-in-Committee does now go into closed session at 7:09 p.m. to discuss the following: (a) Identifiable Individual (Section 239(2)(b) of Municipal Act, 2001, as amended - Personal matters about an identifiable individual, including municipal or local board employees) Re: Communities-in-Bloom Committee Member (b) Labour Relations (Section 239 (2)(d) of Municipal Act, 2001, as amended - Labour relations or employee negotiations) Re: Collective Bargaining Negotiations with CUPE 714 (c) Human Resource Matter (Pursuant to Section 239(2)(b) of Municipal Act, 2001, as amended - Personal matters about an identifiable individual, including municipal or local board employees) Re: Chief Administrative Officer Vacancy (

THAT:Council-n-Committee does now rise and reconvene from closed session at 8:36 p.m. with the following: THAT:Council hereby removes Dr. Harvey Grenn from the Communities-in-Bloom Committee, effective immediately, due to violations of the Council Code of Conduct and ABC Handbook rules, and further THAT:The Clerk notify Dr. Grenn accordingly. (

THAT:Council-n-Committee does now rise and reconvene from closed session at 8:36 p.m. without report. (

THAT:Council-n-Committee does now rise and reconvene from closed session at 8:36 p.m. with the following: THAT:Staff be directed to act in accordance with the instructions of Council in this matter. (

THAT: Council-in-Committee does now hereby adjourn at 8:37 p.m. (