Regular Council in Committee

WHEREAS a public meeting was scheduled pursuant to the provisions of the Planning Act for the Council-in-Committee Meeting of March 7, 2005 (hereinafter called “the Meeting”) for the Bill’s Toyota Sales Rezoning Application for lands located at 915 Garrison Road wherein the applicant is proposing to amend the zoning from “Residential R1 Zone” to “Highway Commercial (C3) Zone” to permit a vehicle sales and rental establishment including an accessory motor vehicle body shop, and WHEREAS the Mayor announced at the Meeting that the public meeting scheduled to be heard pursuant to the provisions of the Planning Act for the Bill’s Toyota Sales Rezoning Application would be

THAT: Report No. CDS-24-05 regarding an application to amend the Zoning By-law for the lands at 915 Garrison Road from “Residential 1 R1 Zone” to a “Highway Commercial C3(H) Holding Zone, “ to permit a vehicle sales and rental establishment including accessory motor vehicle auto body shop be received for information purposes only, and further THAT: A report on the application to amend the Zoning By-law for 915 Garrison Road be presented to a future Council-in-Committee Meeting with the recommendations subsequent to the public meeting. (

THAT: Report No. CDS-25-04 concerning the proposed changes to Lot Grading and Drainage By-law No. 282-92, be adopted, and further THAT: An amending by-law be presented to Council implementing the proposed changes to the Lot Grading and Drainage By-law. (

THAT: The “2005 Community Health & Wellness Work Program” contained in Report No. CDS-27-05 be adopted as a basis relative to the establishment of priorities and tasks to be undertaken in 2005, and further THAT: Staff initiate comprehensive review of the policy and procedures governing the Community Health & Wellness Program, which shall include a review of operational policies and procedures to govern its administration, the relationship between the Coordinator and the Advisory Committee and the preparation of Terms of Reference for the Advisory Committee. (

THAT: A copy of this report be circulated to the Regional Niagara Planning and Development Department, as well as Regional Health Services Department, and THAT: Staff meet with the Regional Departments mentioned above to discuss all issues, including potential cumulative impacts, regarding the implementation of Site Plan Control as a framework for addressing the development of undersized existing lots of record, and THAT: If meetings with Regional Departments confirm the approach of using Site Plan Control then staff organize a public open house to receive input on the approach mentioned in this report and report back to Council on same. (

THAT: A by-law be submitted to Council to remove Lot 33, Plan 59M-319, in the Town of Fort Erie from part lot control, and further THAT: The by-law expire 3 months from the date of the registration of the by- law, and further THAT: The Clerk notify the owner of the passage of the by-law, and further THAT: The Clerk in accordance with the Planning Act register the by-law in the Land Registry Office. (

THAT: A by-law be submitted to Council deeming Lot Nos. 52 and 53, Plan 70/NP410, not to be lots in a registered plan. (

THAT: Report No. CDS-31-05 with regards to the Primary Care Nurse Practitioner Program be received by Council for information purposes only. (

THAT: The recommendation be amended by adding the following as paragraph two: “THAT: The Owner be permitted to pre-service the development subject to the following pre-servicing requirements: 1. Receipt of a Letter of Credit from the Developer in the amount of $52,088.00 representing 15% of the estimated construction costs of On-Site Primary Services, 100% of the estimated construction costs of Off-Site Primary Services, 120% of the estimated construction costs of Secondary Services and other required deposits, and 2. Liability Insurance in the amount of $2,000,000.00 naming the Town of Fort Erie as co-insured, and 3. A cash payment made to the Town of Fort Erie in the amount of $13,087.00 for cash in lieu of parkland dedication, administration fees, tree planting reserve, and legal expense deposit, and 4. Receipt of a letter from the Developer indemnifying the Town of Fort Erie from any risks.” (

THAT: The Town enter into a Development Agreement with Hudson Homes subject to receipt of the final drawings to the Town’s satisfaction, and further THAT: The Owner be permitted to pre-service the development subject to the following pre-servicing requirements: 1. Receipt of a Letter of Credit from the Developer in the amount of $52,088.00 representing 15% of the estimated construction costs of On-Site Primary Services, 100% of the estimated construction costs of Off-Site Primary Services, 120% of the estimated construction costs of Secondary Services and other required deposits, and 2. Liability Insurance in the amount of $2,000,000.00 naming the Town of Fort Erie as co-insured, and 3. A cash payment made to the Town of Fort Erie in the amount of $13,087.00 for cash in lieu of parkland dedication, administration fees, tree planting reserve, and legal expense deposit, and 4. Receipt of a letter from the Developer indemnifying the Town of Fort Erie from any risks, and further THAT: The Mayor and the Clerk be authorized to execute the requisite documents. (

THAT: The recommendation be amended by adding the following thereto: “THAT: Staff be directed to develop a policy for Council’s consideration respecting the demolition and building of homes on residential property.” (

THAT: Report No. CDS-33-05 regarding the replacement of the dwelling at 2435 Sutherland Drive be approved by Council, and further THAT: An agreement to permit the proposed development to occur be presented to Council subject to satisfying the conditions outlined in Report No. CDS-33-05, and further THAT: Staff be directed to develop a policy for Council’s consideration respecting the demolition and building of homes on residential property. (

THAT: Council receive this report for information purposes only. (

THAT: A by-law be submitted to Council authorizing the acceptance of the Request for Proposal from Little Tykes Commercial Play Systems (Canada) Inc. for the purchase and installation of a play structure and swings in the amount of $39,834.85 (inclusive) to be placed at A.C. Douglas Park #1. (

THAT: Council approves the tender submitted by Mobile Striping & Sweeping Ltd. for street sweeping services under Contract #ISO-02-2005 for 2005 to 2007, and further THAT: Staff be directed to prepare the necessary by-law authorizing the Mayor and Clerk to execute the contract with Mobile Striping & Sweeping Ltd. on behalf of the Town of Fort Erie. (

THAT: The 2005 Replacement Vehicle tenders be awarded as follows: a) Contract FM-01-05: New 2006 Single Axle Dry Van be awarded to Archers Truck Services of St. Catharines, Ontario, in the amount of $84,777.14 (including taxes and trade in allowance), and b) Contract FM-02-05: New 2005 Regular Cab Pickup be awarded to Brock Ford Sales of Niagara Falls, Ontario in the amount of $23,310.50 (including taxes and trade-in allowance), and further THAT: Council direct staff to prepare the necessary by-law approving the purchase of the above 2005 vehicle replacements. (

THAT: The list of taxes and penalties totaling $41,091.15 attached as Schedule “A” to Report No. CS-6-06 be cancelled, reduced or refunded as applicable in accordance with Section 357 and 358 of the Municipal Act, 2001. (

THAT: Council accept this report for information purposes only, and further THAT: Council direct staff to prepare a by-law to adopt the Tax Collection Policy set out in Appendix “A” attached to this report. (

THAT: Administrative Report No. CS-8-04 detailing 2004 remuneration and expenses for Members of Council be received for information purposes. (

THAT: The Municipal Council of the Town of Fort Erie hereby responds to the AMO Survey on Municipal Council Term as follows: 1. The term of Municipal Councillor should not be lengthened from 3 years to 4 years for every municipality in the Province of Ontario. 2. Single and Upper Tier municipalities should not be able to determine their own length of term. 3. Municipal elections should not be planned to occur in the same year as provincial elections. 4. Council is in favour of changing the time of year when municipal elections occur and the individual councillor survey results reflect the months of February, May, June and October. 5. School boards should be elected at the same time as municipal councils. 6. Council is not in favour of lowering the voting age from 18 to 16 years of age. (

THAT: Council-in-Committee does now hereby adjourn at 8:05 p.m. (