The Municipal Corporation of the Town of Fort Erie

REGULAR COUNCIL MEETING

MONDAY, JANUARY 21, 2013

COUNCIL CHAMBERS

6:00 P.M.

A G E N D A

Page

1) CALL TO ORDER

2) INVOCATION

3) ROLL CALL

4) REVIEW OF ADDENDUM/ANNOUNCEMENTS

(a) Members of the public are not permitted beyond the Council bar. If any member of the public wishes to speak to a member of Council during a recess or following the adjournment of the meeting, you may do so in the Atrium.

(b) The public is reminded that no food or beverages are permitted in the Council Chambers.

(c) Council and Council-in-Committee Meetings are audio streamed on the Town's website at www.forterie.on.ca. Members of Council are reminded to turn off their microphone during a recess and at adjournment of the meeting.

5) DISCLOSURE OF PECUNIARY INTEREST AND GENERAL

NATURE

6) PUBLIC NOTICE

(a) 2013 Budget Meeting Schedule

Re: General Levy Budget - Monday, January 28, 2013 and Wednesday, February 20, 2013 (if required)

(b) Open House

Re: Fort Erie Transit - Stevensville Open House - Thursday, January

Page 1 of 115 REGULAR COUNCIL AGENDA - MONDAY, JANUARY 21, 2013 Page 31, 2013 - Stevensville Library - 5:00-8:00 p.m. The Town is asking the public from Stevensville, Douglastown and Black Creek to come out and discuss the transit programs.

Re: Proposed Official Plan Amendment and Property Rezoning - for lands located at 119 Bertie Street (Fire Station No. 1) - Monday, February 4, 2013 - 6:00 p.m. - Council Chambers. The information report will be available to the public on February 1, 2013.

(d) Public Meeting (Planning Act)

Re: Proposed Official Plan Amendment and Property Rezoning - for lands located at 209 Jarvis Street (Fire Station No. 2) - Monday, February 4, 2013 - 6:00 p.m. - Council Chambers. The information report will be available to the public on February 1, 2013.

7) PUBLIC MEETING - NOTICE POLICY

(a) Proposed Adoption of 2013 Water and Wastewater Budget and Rates

No one has applied to be heard.

8) REGIONAL COUNCILLOR REPORT

9) PRESENTATIONS AND DELEGATIONS

(a) Ron Rienas, General Manager, The Buffalo and Fort Erie Public Bridge Authority

Re: Status of Commercial Pre-Inspection Program - Peace Bridge

(b) Steve Norris, 35 Bertie Street

Re: Promotion of Bi-National Pilot Pre-Clearance Program - Peace Bridge

(c) Glen King, CFO/VP Finance, Canadian Niagara Power (CNP) and Lenard Hart, Director of Marketing and Business Development, GreenSaver

Re: Introduction of CNP Home Assistance Program

(d) Darlene Hazlett, Director, Big Brothers Big Sisters

Re: Promotion of 17th Annual "Bowl for Kids Sake"

(e) Ron Tripp, Acting Chief Administrative Officer

Re: Presentation of "Today in America" Fort Erie Segment

(f) Brad Murphy, Pacific Productions

Re: Presentation of New Fort Erie Promotion Videos

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 Fresh Water Adventures  Active Adventures  Uncover the Past  Natural Environments  New Sensations  Hidden Treasurers  Find Yourself....In Fort Erie

10) CONSENT AGENDA ITEMS EXPLANATORY NOTE for Consent Agenda Items – Part of a Regular Council Agenda where a resolution is presented to adopt, approve and receive routine and low impact items. These items are voted on collectively, however, any member of Council may remove an item to be discussed and voted on separately, recognizing an item does not need to be removed to be discussed. Move to Section 10.5.2 of the Agenda for Consent Agenda Resolution. Compendium of Resolutions (full text of all resolutions) posted on Town website with e- Agenda.

10.1 ADOPTION OF MINUTES

8 - 19 (a) Regular Meeting of Council - December 10, 2012

10.2 COMMUNICATIONS

20 - 23 (a) City of Niagara Falls

Re: Notice of request to Ministry of Natural Resources to undertake field evaluations of all wetlands within the City's urban boundary and those along both sides of the QEW, south of Lyon's Creek Road

Reference:Receive and file.

(b) Communication Item

Reference: Resolution to be presented.

10.3 REPORTS OF BOARDS AND COMMITTEES

24 - 25 (a) Closed Session - Special Meeting of Council-in-Committee - December 17, 2012

26 - 28 (b) Council-in-Budget Committee Meeting #3 - January 9, 2013

29 - 55 (c) Regular Meeting of Council-in-Committee - January 14, 2013

56 - 60 (d) Council-in-Budget Committee Meeting #4 - January 15, 2013

61 - 81 (e) Boards and Committees (i) Active Transportation Advisory Committee - November 13, 2012; December 11, 2012 (ii) Crystal Beach Business Improvement Area Board of Management - AGM - December 4, 2012 (iii) Senior Citizens Advisory Board - December 5, 2012; January 2, 2013 (iv) Bridgeburg Station Downtown Business Improvement Area Board of Management - AGM & Regular Meeting - December 6, 2012

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10.4 NEW BUSINESS

(a) NIL

10.5 CONSENT AGENDA APPROVALS

10.5.1 Request to Remove Consent Agenda Item(s) for Separate Consideration (No motion

required)

10.5.2 Consent Agenda Item(s) to be considered in Block (To read resolutions, see Compendium of Resolutions circulated with Agenda and posted with e-Agenda on Town Website. Agenda Section reference, ie: Sec. 10.1 (a), applies to resolution to be presented for that particular Agenda item under the Consent Agenda)

THAT: The following action be taken on the Consent Agenda Items:

1. Adoption of Council Minutes - {Sec. 10.1 (a)} be hereby adopted, as printed. 2. Communication Item {Sec. 10.2 (b)} be approved. 3. Adoption of Closed Session - Special Council-in-Committee Minutes - {Sec. 10.3 (a)} be hereby adopted, as printed. 4. Adoption of Council-in-Budget Committee Meeting #3 {Sec. 10.3 (b)} be hereby adopted, as printed. 5. Adoption of Council-in-Committee Minutes {Sec. 10.3 (c)} be hereby adopted, as printed. 6. Adoption of Council-in-Budget Committee Meeting #4 {Sec. 10.3 (d)} be hereby adopted, as printed. 7. Reports of Boards and Committees - {Sec 10.3 (e) (i) - (iv)} be received.

10.5.3 Item(s) Removed for Separate Consideration

11) ENQUIRIES BY MEMBERS

(a) Response to Past Enquiries

(b) Member Enquiries

12) MOTIONS

(a) Mayor Martin

Re: Dissolve existing wards

THAT: The Clerk be directed to submit a report to Council in early 2013 to dissolve the existing wards in accordance with Section 222 of the Municipal Act, 2001 in order to move to a general vote for the 2014 Municipal Election, and further

THAT: Section 13.1 of Council Rules of Procedure By-law No. 145-06, as amended be suspended, in part, in order for the motion herein to be submitted to the Council meeting of January 21, 2013.

(DEFERRED AT THE REQUEST OF MAYOR MARTIN TO THE COUNCIL MEETING OF FEBRUARY 12, 2013)

(b) Councillor Steckley

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Re: Hiring Freeze

Reference: Resolution to be presented.

THAT: With the negative economic impacts and loss of revenue to the Town of Fort Erie as a result of the closure of the Fort Erie Slots and the Fort Erie Horse Track and the impact this will have on future budgets that the Municipal Council of the Town of Fort Erie does hereby enact an immediate hiring freeze for all positions save and except the position of CAO, and further

THAT: If the Human Resource Manager believes that it is necessary to fill a position, he will present his case to the Council who will decide if the position will be filled at that time.

(TABLED FROM COUNCIL MEETING OF SEPTEMBER 10, 2012 TO COUNCIL MEETING IN JANUARY 2013)

(COUNCILLOR STECKLEY INTENDS TO PRESENT A TABLING MOTION TO FURTHER TABLE THIS MOTION TO THE BUDGET MEETING OF JANUARY 28, 2013 FOR FURTHER CONSIDERATION)

13) NOTICE OF MOTION

(a) Councillor Collard

Re: Amend Council Rules of Procedure By-law No. 145-06 to prohibit communication through use of electronic devices by Members of Council at meetings, and hand-in of electronic devices at closed meetings.

THAT: A by-law be submitted to Council to further amend Council Rules of Procedure By-law No. 145-06 by,

(1) prohibiting Members of Council from communicating with each other through the use of any and all electronic devices, including but not limited to cell phones, blackberries and iPads,at any Council, Council-in-Committee, Budget-in-Committee or Closed Meeting, and

(2) requiring all Members of Council to hand over to the Clerk any and all electronic devices including but not limited to cell phones, blackberries and iPads at the commencement of all closed meetings.

14) CONSIDERATION OF BY-LAWS

82 - 83 (a) By-law No. 1-13: To authorize the Mayor or Acting Mayor and the Treasurer or Deputy Treasurer of the Corporation of the Town of Fort Erie to borrow certain sums to meet current expenditures for the Year 2013

84 - 86 (b) By-law No. 2-13: To provide for interim taxes for the Year 2013

87 - 96 (c) By-law No. 3-13: To adopt the 2013 Water and Wastewater Budget and to adopt rates and fees for the Year 2013 and to amend By-law No. 240-96

97 - 101 (d) By-law No. 4-13: To amend By-law No. 40-09, as amended, being a by-law to establish fees and charges for various services provided by the Town of Fort Erie (Building Permit & Plumbing Fees)

102 (e) By-law No. 5-13: To appoint an account holder representative to

Page 5 of 115 REGULAR COUNCIL AGENDA - MONDAY, JANUARY 21, 2013 Page execute an electronic land registration agreement with Her Majesty the Queen in Right of Ontario, as represented by the Director of Land Registration, and to delegate authority for execution of documents to effect registration of documents in the land registration system (I.C.E. MEMORANDUM)

103 (f) By-law No. 6-13: To authorize the entry into an amendment and extension agreement with Rogers Communications Inc.- (Telecommunications Tower at Crystal Ridge Community Centre)

104 - 105 (g) By-law No. 7-13: To authorize the entry into a Mutual Assistance Agreement with participating Area Municipalities and the Regional Municipality of Niagara for the provision of necessary services during an emergency

106 (h) By-law No. 8-13: To authorize the entry into an agreement with the City of St. Catharines for Fire Dispatch Services

107 - 108 (i) By-law No. 9-13: To assume secondary services and highway in the North Ridge Meadows Subdivision - Phase 2 - Stage 1 (Plan 59M- 313)

109 (j) By-law No. 10-13: To authorize the entry into and execution of a contribution agreement with Her Majesty the Queen in Right of Canada as Represented by the Minister of Veterans Affairs under the Cenotaph/Monument Restoration Program

110 - 112 (k) By-law No. 11-13: To amend Zoning By-law No. 129-90 - Ashton Homes (Western) Ltd. - west of Spears Road and north of Garrison Road (Spears Road Estates)

113 - 114 (l) By-law No. 12-13: To authorize the execution of an Amending Subdvision Agreement - 800547 Ontario Limited (Village Creek Subdivision - Phase 2)

115 (m) By-law No. 13-13: Ratification of Minutes

15) NEW BUSINESS

(a) Communities-in-Bloom Committee

Re: Notice of Resignation - Sandra Fishman

Reference: Resolution to be presented. (I.C.E.)

(b) Hospital Services Advisory Committee

Re: Notice of Resignation - Dr. Maynard Luterman

Reference: Resolution to be presented. (I.C.E.)

Re: 2013 - 1st Quarter Licences

Reference: Resolution to be presented. (I.C.E.)

Page 6 of 115 REGULAR COUNCIL AGENDA - MONDAY, JANUARY 21, 2013 Page

16) SCHEDULING OF MEETINGS

17) ADJOURNMENT

Page 7 of 115

The Municipal Corporation of the Town of Fort Erie

REGULAR COUNCIL MEETING

MONDAY, DECEMBER 10, 2012

COUNCIL CHAMBERS

M I N U T E S

1) CALL TO ORDER

The meeting was called to order at 6:00 p.m.

2) INVOCATION

The Invocation was read by the Clerk.

3) ROLL CALL

PRESENT: His Worship Mayor Doug Martin; Councillors Collard, Hill, Lubberts, Passero, Shular and Steckley.

ALSO PRESENT: J. Teal, Regional Councillor (departed at 6:20 p.m.) R. Tripp, Acting Chief Administrative Officer C.J. Kett, Town Clerk H. Chamberlain, Director of Financial Services R. Brady, Director of Community and Development Services T. Kuchyt, Acting Director of Infrastructure Services L. Coplen, Fire Chief

R. Martins, Office Manager, Operations Division C. Stout, Administrative Supervisor

MEDIA PRESENT: Kris Dube, The Times; James Culic, The Post, Mike Cloutier, Ridgeway Herald and COGECO.

MEMBERS OF THE PUBLIC PRESENT: 32

4) REVIEW OF ADDENDUM/ANNOUNCEMENTS

Addendum

Additions under Consent Agenda 9.3 Reports of Boards and Committees Fort Erie 1812 Bicentennial Planning Committee – October 16, 2012; Communities-in-Bloom Committee – September 19, 2012, October 16, 2012; and Cemetery Advisory Committee – May 31, 2012, July 16, 2012, October 18, 2012. Addition under New Business (d) Altering Council Meeting Schedule and Budget Meeting Schedule – January 28, 2013.

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Announcements

Mayor Martin welcomed Members of the Mayor’s Youth Advisory Committee to the Council meeting and thanked them for the great work they do on behalf of the Town.

Mayor Martin made the following announcements: • On December 3, 2012 the Mayor attended the lighting of the Tree of Life in memory of Cindy McCooey at Queen’s Circle in Crystal Beach. • On December 12, 2012 a Public Meeting will be held for Stonemill and Nigh Roads Municipal Drain from 6:00-7:00 p.m. in Conference Room No. 1. • On December 12, 2012 a Public Meeting will be held for House Road Petition from 7:00-9:00 p.m. in Conference Room No. 1. • It was with sadness the Mayor announced the passing of Mike Lalor. He served on the Board of Directors of the YMCA and St. Michael’s Church Parish Council, was a long-time volunteer with the Greater Fort Erie Minor Hockey Association and an inductee on the Fort Erie Sports Wall of Fame. • It was with sadness the Mayor announced the passing of Tony Rodway who was an outstanding member of the community, much loved and respected. He is best known as the founder of Aero-Safe Technologies, Aero-Safe Processing and Aero-Safe Devices. Tony was a great mentor to all of his employees and his greatest joy was seeing young people from the local high schools start work at Aero-Safe straight from school and work their way up to become highly skilled people.Tony held many offices and was the proud recipient of the Yves Landry Award for Innovative Manufacturing Technology Program for the Fort Erie Secondary School and Aero-Safe Technologies Partnership. He also won the Entrepreneur of the Year Award for the Niagara Region in 1997.

Council Member announcements: • Councillor Hill attended the opening of the Ridgeway Spirit of Christmas held on November 30, 2012 and passed along best wishes on behalf of the Mayor and Council.

• Councillor Passero attended the Flames Across Niagara 1812 Event at the Coal Docks on December 8, 2012 and he thanked John Sek and Jim Hill for their efforts. On December 6, 2012 he attended the School Accommodation Review Meeting. Councillor Passero thanked the Volunteer Fire Fighters from Station Nos. 1, 2 and 3 for their efforts to extinguish the fire on Jarvis Street the night before in horrible weather conditions.

• On December 2, 2012 Councillor Collard attended the Stevensville Kinsmen and Kinettes Dinner for Seniors at Stevensville Memorial Hall. On December 6, 2012 he attended the Spark Energy Change Symposium in Toronto focused on green energy initiatives. On December 8, 2012 he attended on behalf of the Mayor, the Navy League of Canada Cadets Christmas Party and congratulated all involved.

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5) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE

(a) Councillor Lubberts

Councillor Lubberts disclosed a pecuniary interest with respect to Report No. CDS-100-1-12 (and the Rosehill Auction delegation) regarding Rosehill Auction since the company he works for, Riel Electric, does a lot of work for Mr. Guerra of Norcar Construction Developments Ltd. He abstained from discussing or voting on this matter and left the Council Chambers during the delegation’s presentation.

(b) Councillor Hill

Councillor Hill disclosed a pecuniary interest with respect to the Response to Enquiry matter regarding Ridgeway-by-the-Lake since he is a resident of the subdivision. He abstained from discussing or voting on this matter and left the Council Chambers while it was under consideration.

6) PUBLIC NOTICE

(a) 2013 Budget Meeting Schedule

Re: Library Budget - Wednesday, January 9, 2013; EDTC Budget - Tuesday, January 15, 2013; General Levy Budget - Wednesday, January 30, 2013 and Wednesday, February 20, 2013 (if required).

(b) Information Open House

Re: Major Housekeeping Amendments to the Town's Zoning By-law No. 129-90 - Tuesday, December 11, 2012 - 6:00 - 7:30 p.m. - Town Hall Atrium. The full text and mapping associated with this proposed amendment will be available on the Town's website on November 29, 2012.

Re: Housekeeping Official Plan Amendments - Tuesday December 11, 2012 - 6:00 - 7:30 p.m. - Town Hall Atrium. The proposed amendments will be available on the Town's website on November 29, 2012.

(d) Proposed Increase to Building Permit Fees

Council intends to hold a public meeting on Monday, January 14, 2013 to consider an increase to building permit fees by 0.7%. The objective is to operate closer to cost recovery from permit fee revenue. Any person wishing to make a presentation may register with the Clerk's Office by 3:00 p.m. on Wednesday, January 9, 2013.

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REGULAR COUNCIL MINUTES – MONDAY, DECEMBER 10, 2012 PAGE FOUR

(e) Open House

Re: Fort Erie Transit - Stevensville Open House - Thursday, January 31, 2013 - Stevensville Library - 5:00-8:00 p.m. The Town is asking the public from Stevensville, Douglastown and Black Creek to come out and discuss the transit programs.

7) REGIONAL COUNCILLOR REPORT

RC Teal reported on the following: • At Planning Committee, two statutory public meetings under the Planning Act were held respecting Regional Policy Plan Amendment 2-2012 (housekeeping amendment for Gateway Economic Zone and Centre Policies) and Regional Policy Plan Amendment 6-2012 (Welland Canal Cultural Heritage Landscape Policies). Two delegations were heard by the Committee respecting the appointment of an Integrity Commissioner and comments on the proposed revisions to the Provincial Policy Statement Review. The Committee recommended approval of the new City of Port Colborne Official Plan as well as Option C for a Code of Conduct for Members of Council. It was recommended to Regional Council to endorse the letter and comments respecting the Provincial Policy Statement Review – Comments on Proposed Revisions. Councillor Hodgson and Volpetti were appointed as Chair and Vice-Chair for the remainder of the term. • Explanation of Code of Conduct to ensure Members of Regional Council share a common basis for acceptable conduct, accurately communicate the decisions of Council, duty to hold in strict confidence all information considered in closed meetings and full compliance with the Municipal Conflict of Interest Act. • The Committee also considered Modernizing Approvals for Ontario’s Natural Resources and identified the four approaches outlined in the report. • At Corporate Services Committee a delegation was heard respecting the health and safety concerns of a wind turbine in West Lincoln and the impact on the environment. Councillors Augustyn and Barrkick were appointed as Co-Chairs of the Committee for the balance of the term. A report on POA Court was received and Justice of the Peace Bruce W. Phillips provided a letter of support and responded to questions regarding the matrix. • Council determined to continue a wage freeze in 2013 for Regional Council and the Regional Chair. • Corporate Services Committee authorized the issuance of debentures through Infrastructure Ontario for the Cities of Niagara Falls and Welland. • Regional Council approved the Regional Budget on December 6, 2012 with a 1.97% increase after assessment growth resulting in approximately $25.00 increase for the average homeowner.

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8) PRESENTATIONS AND DELEGATIONS

(a) Dr. Harvey Grenn, Ridgeway

Re: Current Council

Dr. Grenn addressed Council with respect to his opinions regarding the performance of Council in terms of over governance and over taxation. He focused on economic issues such as businesses closing as well as the disappearance of youth from Fort Erie.

(b) Joy Russell, Fort Erie

Re: Presentation of Hospital Services Petition

Ms. Russell addressed Council on behalf of the Yellow Shirt Brigade and reflected on their work over the past four years to help the residents of Fort Erie and Niagara to achieve equal access to health care as promised to all Canadians. She recounted past efforts and despite the lack of community enthusiasm, the Yellow Shirts have not quit and are still fighting for those who cannot fight for themselves.

Ms. Russell indicated she was present before Council to ask them to sign the petition to have the proposed new hospital built on Lyons Creek Road and the QEW, to have one of the two Urgent Care Centres built in Fort Erie and to have the services returned to the new hospital as stated in the report.

In addition she requested that obstetrical and pediatric services remain in Welland and Niagara Falls until the new facility is opened. She spoke to the importance of the fight for a new hospital as promised in Supervisor Kevin Smith’s report to the Minister of Health.

Ms. Russell addressed the need for the new facility in South Niagara where there is a population of over 110,000 between Niagara Falls and Fort Erie plus the fact that both areas are tourist destinations.

In closing, Ms. Russell asked the Mayor and Council to organize a Town Hall meeting like the one held when the struggle began so that as a united community, the Minister of Health can be asked for the new hospital. She distributed the petition form for Members of Council to sign.

Re: Status of Site Plan Application – Rosehill Auction House (Report No. CDS-100-1-12)

Mr. Guerra referred to the $50,000 bond that Council may be seeking and his attempt to contact their solicitor who will not be returning until December 13, 2012 and therefore, he would not be able to speak to him until then.

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9) CONSENT AGENDA ITEMS

9.1 ADOPTION OF MINUTES

(a) Regular Meeting of Council – November 26, 2012

THAT:The Municipal Council of the Town of Fort Erie hereby adopts the minutes of the Regular Meeting of Council held November 26, 2012, as printed. (CARRIED) 9.2 COMMUNICATIONS

(a) The Honourable Ted McKeekin, Minister of Agriculture, Food and Rural Affairs

Re: Response to Council Resolution – Horse Racing Industry Transition Panel Report

Reference: Receive and file.

(b) Communication Items

THAT:Communication Items (a) be dealt with according to the agenda reference. (CARRIED)

9.3 REPORTS OF BOARDS AND COMMITTEES

(a) Regular Meeting of Council-in-Committee – December 3, 2012

THAT:The Municipal Council of the Town of Fort Erie hereby adopts the minutes of the Regular Meeting of Council-in-Committee held December 3, 2012, as printed. (CARRIED)

(b) Regular Meeting of Council-in-Committee – December 3, 2012

THAT: The Municipal Council of the Town of Fort Erie hereby adopts the minutes of the Council-in-Budget Committee Meeting #2 held December 5, 2012, as printed. (CARRIED)

THAT: The Municipal Council of the Town of Fort Erie hereby adopts the minutes of the Closed Session – Special Council-in- Committee Meeting held December 7, 2012, as printed. (CARRIED)

(d) Boards and Committees

THAT: The following board and committee minutes be received: (i) Fort Erie Public Library Board - November 20, 2012; (ii) Mayor's Youth Advisory Committee - November 19, 2012; (iii) Accessibility Advisory Committee - November 6, 2012; (iv) Hospital Services Advisory Committee - October 16, 2012; (v) Crystal Beach Beautification Committee - October 21, 2012; (vi) Environmental Advisory Committee - August 22, 2012; October 24, 2012; November 28, 2012; (vii) Fort Erie 1812 Bicentennial Planning Committee – October 16, 2012; (viii) Communities-in-Bloom Committee – September 19, 2012; October 16, 2012; (ix) Cemetery Advisory Committee – May 31, 2012; July 16, 2012; October 18, 2012. (CARRIED)

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REGULAR COUNCIL MINUTES – MONDAY, DECEMBER 10, 2012 PAGE SEVEN

9.4 NEW BUSINESS

(a) Cemetery Advisory Committee

THAT:The Municipal Council of the Town of Fort Erie hereby accepts, with regret, the resignation of Denise d’Entermont from the Cemetery Advisory Committee, and further

THAT:The Clerk be directed to express Council’s appreciation to Mrs. d’Entremont for her volunteer efforts in serving the Town of Fort Erie, and further

THAT:The vacancy be filled in accordance with the provisions of the Procedural By- law. (CARRIED)

(b) Communities-in-Bloom Committee

THAT:The Municipal Council of the Town of Fort Erie hereby accepts, with regret, the resignation of Tony Alkemade from the Communities-in-Bloom Committee, and further

THAT:The Clerk be directed to express Council’s appreciation to Mr. Alkemade for his volunteer efforts in serving the Town of Fort Erie, and further

THAT:The vacancy be filled in accordance with the provisions of the Procedural By- law. (CARRIED)

9.5 CONSENT AGENDA APPROVALS

9.5.1 Request to Remove Consent Agenda Item(s) for Separate Consideration (No motion required)

NIL

9.5.2 Consent Agenda Item(s) to be considered in Block

Resolution No. 1 Passero-Steckley

THAT:The following action be taken on the Consent Agenda Items:

1. Adoption of Council Minutes - {Sec. 9.1 (a)} be hereby adopted, as printed. 2. Communication Resolution - {Sec. 9.2 (b)} be approved. 3. Adoption of Council-in-Committee Minutes - {Sec. 9.3 (a)} be hereby adopted, as printed. 4. Adoption of Council-in-Budget Committee #2 Minutes - {Sec. 9.3. (b)} be hereby adopted, as printed. 5. Adoption of Closed Session - Special Council-in-Committee Minutes - {Sec. 9.3 (c)} be hereby adopted, as printed. 6. Reports of Boards and Committees - {Sec. 9.3 (d) (i) - (ix)} be received. 7. New Business Resolutions {Sec. 9.4 (a) and (b)} be approved. (CARRIED)

9.5.3 Item(s) Removed for Separate Consideration

N/A

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10) ENQUIRIES BY MEMBERS

(a) Response to Past Enquiries

The following responses to past Council enquiries were received:

(i) Enquiry by Councillor Collard at the February 13, 2012 Council Meeting regarding inventory of billboard sign applications. Mr. Romanuk, Chief Building Official provided Council with an inventory of billboards that have been completed in the Town after the passage of Sign Bylaw No. 42-99 in 1999. A total of 18 results were returned with 9 applications received following the passage of the Sign By-law. He also provided a map illustrating the billboard sign locations and noted 3 billboards on Garrison Road that were issued on the same day following the passage of By-law No. 42-99. They were not subject to the distance separation or other requirements of the by-law and were marked separately on the map.

Mr. Romanuk advised two administrative reports have been presented to Council since the passage of By-law no. 42-99. The sign endorsed by Council in 2005 followed a presentation by the proponent without report. Council denied an application for a third party billboard sign in 2003 at the entrance to the Leisureplex and YMCA parking lot from Buffalo Road. The variance was required as the proposed sign would have been within 30m of parkland. Most recently, Council upheld the requirements of the Sign By-law and denied the billboard at 46 Queen Street.

The Mayor asked Councillor Collard if the response was satisfactory to which he responded in the affirmative.

(ii) Enquiry by Councillor Lubberts at the Council-in-Committee Meeting of November 5, 2012 requesting additional information on the interpretation of the term “institutional” from the Town’s current Development Charges By-law and its applicability to the Algonquin Club in the Ridgeway-by- the-Lake Subdivision. Mr. Brady, Director of Community and Development Services defined the Town’s Development Charges By-law as: “institutional” means lands, buildings or structures used or designed or intended for use by an organized body, society or religious group for promoting a public or non-profit purpose and shall include, but without limiting the generality of the foregoing, places of worship, and special care facilities.

When the Algonquin Club is incorporated as a non-profit corporation it will meet the above definition and be exempt from Town development charges. The potential for the Algonquin Club to be exempt from the Town’s development charges by the formation of a non-profit corporation was recognized in Planning Report No. CDS-045-10 dated August 9, 2010. On the basis of Council adopting the report, an agreement was authorized to permit late payment of development charges for the Algonquin Community Centre. As long as the Algonquin Club achieves non-profit status prior to August 17, 2013, there are no Town development charges to be paid. If this is not achieved then development charges apply to this property.

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The issue of how MPAC assesses the property for property taxes seems to have been merged with the question of eligibility of development charges in the minds of some. There is no connection between the two issues. Regardless of any decision by MPAC, the issue of development charges has been finalized by Council and a formal agreement has been reached and signed. When MPAC makes a final determination on the property tax status of the Algonquin Club, staff will inform Council accordingly.

The Mayor asked Councillor Lubberts if the response was satisfactory. Councillor Lubberts indicated he would not respond to anything right now and would take the matter up with Mr. Brady later.

(b) Member Enquiries

NIL

11) MOTIONS

(a) COMMITTEE-OF-THE-WHOLE

Resolution No. 2 Steckley-Collard

THAT:Report No. CDS-100-1-12 regarding Rosehill Auction House Limited Site Plan be received for information purposes.

(Councillor Steckley withdrew his amendment of December 3, 2012 respecting a Letter of Credit)

Resolution No. 2A Passero-Shular

THAT:The recommendation be amended to include an extension to April 30, 2013 to enter into a Site Plan Agreement with the Town of Fort Erie. (CARRIED)

Resolution No. 2B Steckley-Collard

THAT:Report No. CDS-100-1-12 regarding Rosehill Auction House Limited Site Plan be received for information purposes, and further

THAT:The report be amended to include an extension to April 30, 2013 to enter into a Site Plan Agreement with the Town of Fort Erie. (CARRIED)

12) NOTICE OF MOTION

NIL

13) CONSIDERATION OF BY-LAWS

Resolution No.5 Hill-Shular

THAT:The by-law package containing: (a) By-law No. 124-12: To amend Fees and Charges By-law No. 40-09 (2013 Review) (b) By-law No. 125-12: To assume primary services (Development Agreement with 1769052 Ontario Limited - Levy) (Crystal Beach)

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 16 of 115 REGULAR COUNCIL MINUTES – MONDAY, DECEMBER 10, 2012 PAGE TEN

(c) By-law No. 126-12: To deem a certain registered plan of subdivision not to be a registered plan of subdivision - John Perry Professional Planning Services Inc. - Oakwood Avenue - Elmwood Avenue (d) By-law No. 127-12: To assume primary services in the Prospect Point Subdivision - Plan 59M-265 (e) By-law No. 128-12: To adopt the Accessibility Policy for the Town of Fort Erie (f) By-law No. 129-12: To authorize the acceptance of a donation of land and building from the Property Owners' Association to the Thunder Bay Area (Niagara District) (2973 Hyman Avenue) (g) By-law No. 130-12: To dedicate lands as a public park to be known as "Bill Connolly Field" (2973 Hyman Avenue) (h) By-law No.131-12: To enact an amendment to the Official Plan for the Town of Fort Erie - Amendment No. 8 - Spears-High Pointe Secondary Plan (i) By-law No. 132-12: To enact an amendment to the Official Plan for the Town of Fort Erie - Amendment No. 9 - Community Improvement Policies Amendment (j) By-law No. 133-12: To authorize applications for cancellation, reduction or refund of taxes levied for the Years 2011 and 2012 (k) By-law No. 134-12: To appoint a Drainage Engineer and to authorize an agreement with Spriet Associates London Limited for Professional Engineering Services for Miller Creek Municipal Drain (l) By-law No. 135-12: To amend By-law No. 116-08 (To establish the War of 1812-1814 Bicentennial Celebration Planning Committee and Terms of Reference)

be hereby introduced and given first and second reading. (CARRIED)

Resolution No.6 Collard-Steckley

THAT:The by-law package containing: (a) By-law No. 124-12 (b) By-law No. 125-12 (c) By-law No. 126-12 (d) By-law No. 127-12 (e) By-law No. 128-12 (f) By-law No. 129-12 (g) By-law No. 130-12 (h) By-law No. 131-12 (i) By-law No. 132-12 (j) By-law No. 133-12 (k) By-law No. 134-12 (l) By-law No. 135-12

be hereby given third and final reading, be signed by the Mayor and the Clerk and the corporate seal affixed thereto. (CARRIED)

Resolution No.7 Lubberts-Shular

THAT:By-law No. 136-12 (Ratification of Minutes) he hereby introduced and given first and second reading. (CARRIED)

Resolution No.8 Shular-Hill

THAT:By-law No. 136-12 be given third and final reading, be signed by the Mayor and the Clerk and the corporate seal affixed thereto. (CARRIED)

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 17 of 115 REGULAR COUNCIL MINUTES – MONDAY, DECEMBER 10, 2012 PAGE ELEVEN

14) NEW BUSINESS

(a) Mayor’s Youth Advisory Committee

Re: Notice of Resignations and Appointments to Fill Vacancies

Resolution No.9 Passero-Steckley

THAT:The Municipal Council of the Town of Fort Erie hereby accepts, with regret, the resignations of Tori Sander, Rudder Zhang, Olivia Palmer, Marc A. Gauthier and Daniel Stambula from the Mayor’s Youth Advisory Committee, and further

THAT:The Clerk be directed to express Council’s appreciation for their volunteer efforts in serving the Town of Fort Erie, and further

THAT:Liam Stout, Sydney Shadbolt, Jordan Lukacs, Adam McLeod, Owen Pasincky, Chloe Demizio, Hannah Polinski and Nick Nagel be and they are hereby appointed to the Mayor's Youth Advisory Committee for the period ending January 31, 2015. (CARRIED)

(b) War of 1812-1814 Bicentennial Celebration Planning Committee

Re: Notice of Resignation – Karen Audet and Appointments

Resolution No.10 Hill-Shular

THAT:The Municipal Council of the Town of Fort Erie hereby accepts, with regret, the resignation of Karen Audet from the War of 1812-1814 Bicentennial Celebration Planning Committee, and further

THAT:The Clerk be directed to express Council’s appreciation to Ms. Audet for her volunteer efforts in serving the Town of Fort Erie, and further

THAT:Councillor Stephen Passero and Antoinetta Petrella be and they are hereby appointed to the War of 1812-1814 Bicentennial Celebration Planning Committee, and further

THAT:Section 18.5 of Council Rules of Procedure By-law No. 145-06, as amended be suspended accordingly for the filling of the citizen at large position on the Committee. (CARRIED)

Resolution No. 11 Steckley-Collard

THAT:The Municipal Council of the Town of Fort Erie hereby rises from the closed session meeting held Friday, December 7, 2012 with the following report:

THAT:The Consultant, Ms. Margaret Campbell be directed to act in accordance with the instructions of Council in the matter of filling the vacancy of the position of Chief Administrative Officer for the Town of Fort Erie. (CARRIED)

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 18 of 115 REGULAR COUNCIL MINUTES – MONDAY, DECEMBER 10, 2012 PAGE TWELVE

(d) Altering the Council Meeting Schedule and Budget Meeting Schedule – January 28, 2013

Resolution No.12 Hill-Shular

WHEREAS the Council Meetings scheduled for the month of December 2012 and January 2013 were altered by resolution at the Council Meeting of October 22, 2012, and

WHEREAS it is deemed desirable to alter the meeting schedule for January 2013 by cancelling the Council-in-Committee (CS & IS) meeting of January 28, 2013 and potentially the Special Council meeting, if necessary, and replacing same with a Budget meeting for the 2013 General Levy Opearting Budget/Assessment Analysis Report;

NOW THEREFORE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie that it hereby further alters the meeting schedule for January 2013 by cancelling the Council-in- Committee (CS & IS) meeting scheduled for January 28, 2013 and the Special Council meeting of Janaury 28, 2013, if necessary, and replacing same with the General Levy Operating Budget Meeting/Assessment Analysis Report which was originally scheduled for Janaury 30, 2013 and further

THAT:The Budget meeting scheduled for January 30, 2013 is hereby cancelled. (CARRIED)

(e) 2013 Ice Rental Fees – Increase to be suspended for Fort Erie Skating Clubs and Fort Erie Minor Hockey Association

Resolution No. 13 Passero-Steckley

THAT:The matter of ice rental fee increases be suspended for 2013. (CARRIED)

15) SCHEDULING OF MEETINGS

(a) Communities-in-Bloom Committee - December 11, 2012 at 3:00 p.m. – Conference Room No. 1. (b) Active Transportation Committee - December 11, 2012 at 4:30 p.m. – Conference Room No. 2 (c) South Niagara Health Care Corporation – December 12, 2012 – Moore Room, Wainfleet Arena

16) ADJOURNMENT

Resolution No. 14 Lubberts-Shular

THAT:The Municipal Council of the Town of Fort Erie hereby adjourns at 7:25 p.m. to reconvene into Regular Meeting of Council on Monday, January 21, 2013 at 6:00 p.m. (CARRIED)

______MAYOR

______CLERK

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REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario

SUBMITTED BY: Planning, Building & Development

SUBJECT: PD-2012-61 Information Report Ontario Wetland Evaluation System

RECOMMENDATION

That this report be sent to the Minister of Natural Resources as a formal request for MNR staff to undertake field evaluations of all wetlands within the urban boundary and those wetlands along both sides of the QEW, south of Lyon’s Creek Road.

EXECUTIVE SUMMARY

At the September 25,2012 meeting, City Council considered Official Plan Amendment No. 99 (Garner South Secondary Plan). During that discussion, Council requested information on how wetland areas are evaluated by the Ministry of Natural Resources.

This report provides a brief overview of the process. The report also notes that wetlands within the City’s Urban Boundary consume valuable urban land, reduce the efficient use of land, fragment developing neighbourhoods and under-utilize municipal infrastructure (sewage station capacity, etc.). Given this, it is recommended that MNR be requested to conduct field evaluations of the wetlands within the urban boundary. In addition, MNR it is recommended that field evaluations of the wetlands south of the urban boundary along the QEW be conducted as this corridor constitutes Council’s long-term strategy for employment lands.

BACKGROUND

The Province has identified protection of Provincially Significant Wetlands as a Provincial interest and requires that the City provide appropriate levels of protection. In Niagara, the Province utilizes the Southern Ontario Wetland Evaluation System (OWES) Manual which is the evaluation procedure referred to in Section 2.1 of the Provincial Policy Statements to determine wetland significance.

OWES is a science-based system used to evaluate and rank the relative value of wetlands which involves the definition, identification and measurement of wetland functions and values. The Evaluation Process

The OWES process involves assigning points based on significance of the following values:

• biological (species; diversity, life cycles); social (recreation, production of harvestable products, research and education):

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 21 of 115 REGULAR MEETING OFCOUNCIL -21JAN 2013

November

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November 13, 2012 -3 - P0-2012-61

FINANCIAL IMPLICATIONS

There are no financial implications to this report.

CITY’S STRATEGIC COMMITMENT

Development of the GEZ along the QEW is a priority to the vitality of the City. Efficient and orderly development of Greeenfield areas would contribute to the Citys goal for a well- planned city.

LIST OF ATTACHMENTS

• No attachments.

Recommended by: .. —. Alex Herlovitch, Director of Planning, Building & Development

Respecifully submiUed: Ken Todd, Chief Administrative Officer

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REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 23 of 115 The Municipal Corporation of the Town of Fort Erie

CLOSED SESSION SPECIAL COUNCIL-IN-COMMITTEE MEETING

MONDAY, DECEMBER 17, 2012

CONFERENCE ROOM #1 – TOWN HALL

M I N U T E S

1) CALL TO ORDER

The meeting was called to order at 7:30 p.m.

2) ROLL CALL

PRESENT: Mayor Douglas G. Martin; Councillors Collard, Hill, Lubberts, Passero, Shular and Steckley.

ALSO PRESENT: C.J. Kett, Town Clerk M. Campbell, Consultant, Odgers Berrntson (via tele-conference call from 7:30- 7:35 p.m.)

MEDIA PRESENT: 0

MEMBERS OF THE PUBLIC PRESENT: 0

3) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE

NIL

4) CORPORATE SERVICES

(A) CLOSED SESSION

Recommendation No. 1 Moved by: Councillor Passero

THAT:Council-in-Committee does now go into closed session at 7:30 p.m. to discuss the following:

(a) 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 and Section 239(2)(d) - labour relations or employee negotiations)

Re: Filling of Vacancy - Chief Administrative Officer (CARRIED)

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 24 of 115 CLOSED SESSION – SPECIAL COUNCIL-IN-COMMITTEE MEETING MINUTES – MONDAY, DECEMBER 17, 2012 PAGE TWO

Once the resolution to go into closed session was passed, the door to Conference Room No. 1 was closed.

Ms. Margaret Campbell participated in the initial part of the meeting by providing Council with an update on recent events. Members of Council had an opportunity to ask questions of Ms. Campbell to which there were none. Ms. Campbell disconnected at 7:35 p.m.

Councillor Passero presented a motion to instruct the Consultant to offer the CAO’s position to a certain individual. However, a majority of Council did not support this action.

Councillor Hill put forth a further motion which Council generally agreed to support when Council returned to open session.

Recommendation No. 2 Moved by: Councillor Hill

THAT:Council-in-Committee does now rise and reconvene into open session at 7:51 p.m. with the following report:

THAT:The Consultant be instructed to re-launch the search for a Chief Administrative Officer for the Town of Fort Erie. (CARRIED)

5) ADJOURNMENT

Recommendation No. 3 Moved by: Councillor Shular

THAT:The Closed Session – Special Council-in-Committee Meeting hereby adjourns at 7:51 p.m. (CARRIED)

______MAYOR

______CLERK

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 25 of 115 The Municipal Corporation of the Town of Fort Erie

COUNCIL-IN-BUDGET COMMITTEE MEETING #3

WEDNESDAY, JANUARY 9, 2013

COUNCIL CHAMBERS

M I N U T E S

1) CALL TO ORDER

The meeting was called to order at 5:35 p.m.

2) ROLL CALL

PRESENT: Mayor Douglas G. Martin; Councillors Collard, Hill, Lubberts, Passero and Shular.

ABSENT: Councillor Steckley (family reasons)

ALSO PRESENT: R. Tripp, Acting Chief Administrative Officer C. Kett, Town Clerk H. Chamberlain, Director of Financial Services G. Corney, Manager of Revenue and Collection (6:15-6:20 p.m.)

MEDIA PRESENT: 0

MEMBERS OF THE PUBLIC PRESENT: 0

3) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE

NIL

4) REVIEW OF ADDENDUM/ANNOUNCEMENTS

Addendum

NIL

Announcements

Chair Hill explained the purpose of this budget meeting was to receive the Fort Erie Public Library budget and presentation.

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5) BOARDS AND COMMITTEES

(A) PRESENTATIONS

(a) Ann McLaughlin, Chair; Larry Graber, Vice-Chair and Craig Shufelt, CEO, Fort Erie Public Library

A copy of the power point presentation can be accessed in full text by clicking on the presentations link and a paper copy is also available in the Clerk’s Office.

Mr. Shufelt, CEO, introduced Board Members Terry Moore, Ken Burden, Scott Caldwell and John Van Oirschot; and staff members Michael Schell, Systems Administrator and Maria Brigantino, Business Administrator. He also introduced Ann McLaughlin, Chair and Larry Graber, Vice-Chair who would share in the delivery of the power point presentation, along with himself.

Ms. McLaughlin began the power point presentation and highlighted various areas including financial, administrative, facilities, partnerships, programs and services, information technology, community library usage and library value to the community.

Mr. Graber continued the presentation by addressing 2013 budget priorities, and 2013 goals and objectives.

Mr. Shufelt completed the presentation by addressing the 2013 budget requests, supplementary operating revenue sources, 2013-2015 budget summary, material spending from 2009-2013 and 2013 building reserve fund projects.

In conclusion, Mr. Shufelt thanked the Library Board and staff for their assistance with the 2013 budget.

(B) REPORTS

(a) REPORT NO. CBC-04-12 - LIBRARY 2013 OPERATING BUDGET

Recommendation No. 1 Moved by: Councillor Passero

THAT:The Fort Erie Public Library Board 2013 grant request as set out in Appendix “1” be received for information and incorporated into the consolidated General Levy Operating Budget presentation on January 28, 2013. (CARRIED)

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(b) REPORT NO. CBC-05-12 - 2013 WATER AND WASTEWATER OPERATING BUDGET (AMENDED)

Recommendation No. 2 Moved by: Councillor Shular

THAT:Appendix “A” to the 2013 Water and Wastewater Operating Budget approved under Report No. CBC-01-13 on November 7, 2012 be and it is hereby rescinded, and further

THAT:The revised Water and Wastewater Operating Budget attached hereto as Appendix “1” be approved, and further

THAT:The 2013 Water and Wastewater Operating Budget and Rates By-law be directed to council for approval on January 21, 2013. (CARRIED)

6) DATE OF NEXT MEETINGS

(a) EDTC Budget - Tuesday, January 15, 2013 at 5:30 p.m. (b) General Levy Operating Budget - Monday, January 28, 2013 and Wednesday, February 20, 2013 (if required) – 5:30 p.m.

7) ADJOURNMENT

Recommendation No. 3 Moved by: Councillor Collard

THAT:The Council-in-Budget Committee Meeting does now hereby adjourn at 6:20 p.m. (CARRIED)

______MAYOR

______CLERK

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 28 of 115 The Municipal Corporation of the Town of Fort Erie

COUNCIL-IN-COMMITTEE MEETING

MONDAY, JANUARY 14, 2013

COUNCIL CHAMBERS

M I N U T E S

1) CALL TO ORDER

The meeting was called to order at 6:00 p.m.

2) ROLL CALL

PRESENT: Mayor Douglas G. Martin; Councillors Collard, Hill, Lubberts, Passero, Shular and Steckley.

ALSO PRESENT: H. Chamberlain, Acting Chief Administrative Officer/Director of Financial Services C.J. Kett, Town Clerk R. Brady, Director of Community and Development Services T. Kuchyt, Acting Director of Infrastructure Services L. Coplen, Fire Chief C. Watson, Legislative Assistant (departed at 8:45 p.m.)

K. Dolch, Manager of Supply and Services D. Heyworth, Manager, Land Use Policyt M. Kernahan, Senior Development Planner C. Millar, Neighbourhood Planner

MEDIA PRESENT: Kris Dube, The Times and James Culic, The Post.

MEMBERS OF THE PUBLIC PRESENT: 38

3) REVIEW OF ADDENDUM/ANNOUNCEMENTS

Addendum

NIL

Announcements

Mayor Martin recited the standard announcements: • No food or beverages permitted in Council Chambers; • Members of the public not permitted beyond Council bar; • Any member of the public wishing to speak to a Member of Council during recess or following adjournment, could do so in Atrium; • Council and Council-in-Committee Meetings are audio streamed on Town’s website at www.forterie.ca.

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4) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE

(a) Councillor Shular

Councillor Shular disclosed a pecuniary interest with respect to Report No. CDS-08-13 since he is a proud member of the Royal Canadian Legion Branch 71 who are partners in the Cenotaph Project. He abstained from discussing or voting on the matter.

(b) Councillor Lubberts

Councillor Lubberts disclosed a pecuniary interest with respect to Report No. CDS-02-13 since his employer, Riel Electric, does work for the applicant Mr. Pizzicarola. Further, he disclosed a pecuniary interest with respect to the Public Meeting respecting proposed increase in building permit fees since his employer works with many local contractors in Town. He abstained from discussing or voting on these matters.

5) PUBLIC NOTICE

(a) 2013 Budget Meeting Schedule

Re: EDTC Budget - Tuesday, January 15, 2013; General Levy Budget - Monday, January 28, 2013 and Wednesday, February 20, 2013 (if required)

(b) Open House

Council intends to hold a public meeting on Monday, January 21, 2013 and consider a by-law to adopt the 2013 water and wastewater budget and approve the 2013 water and sewer rates. Any person wishing to make a presentation may register with the Office of the Clerk by Thursday, January 17, 2013 at 3:00 p.m.

(d) Public Meeting (Planning Act)

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(e) Public Meeting (Planning Act)

6) PUBLIC MEETINGS – BUILDING CODE ACT

(a) Proposed Increase in Building Permit Fees

Mayor Martin announced this portion of the meeting would be devoted to the holding of a Public Meeting to consider the proposed increase of building permit fees.

Mayor Martin requested the Clerk to advise of the manner and date upon which notice of this Public Meeting was given.

The Clerk explained the Public Meeting was advertised in the Fort Erie Times on December 1 and 8, 2012 advising pursuant to Section 7 of the Ontario Building Code Act and Division C, Section 1.9.1.2 of Ontario Regulation 350/06 of the said Act, the Municipal Council of the Town of Fort Erie intended to consider a by-law at its meeting of January 21, 2013 to increase the current building permit fees. Notice was also emailed to local home builders informing of the Public Meeting and proposed building permit fees.

The Clerk advised the proposal is to increase building permit fees by 0.7%. The objective is to operate closer to cost recovery from permit fee revenue.

The Clerk explained the notice further provided any person interested in appearing before Council as a delegation to address the proposed increase in building permit fees was asked to register with the Clerk’s Office by Wednesday, January 9, 2013.

The Mayor asked the Director of Community and Development Services if he wished to add anything further.

Mr. Brady indicated the small increase in building permit fees reflected the Consumer Price Index. He added they did not receive any calls or enquiries.

The Mayor asked the Clerk if anyone registered to appear before Council. The Clerk responded in the negative.

Mayor Martin asked if anyone present wished to come forward to speak to the matter.

No person(s) came forward to speak to the matter.

Mayor Martin announced that the Public Meeting was now concluded.

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7) PUBLIC MEETINGS – PLANNING ACT

(a) Proposed Revised Plan of Subdivision and Property Rezoning

Leigh Whyte o/b Ashton Homes (Western) Ltd. (Applicant-Owner) - Aldo Vercillo - for lands located on the west side of Spears Road and north of Garrison Road (Spears Road Estates Subdivision)

Mr. Kernahan delivered a power point presentation. A paper copy is available in the Clerk’s Office.

Mayor Martin announced this portion of the meeting would be devoted to the holding of a Public Meeting as provided for under the Planning Act, R.S.O. 1990, Chapter P.13 with respect to the proposed revised plan of subdivision and property rezoning for a portion of lands located within the Spears Road Estates Subdivision on the west side of Spears Road and north of Garrison Road.

Mayor Martin advised of the Public Meeting process and enquired as to the manner and date upon which notice of this Public Meeting was given.

Mr. Kernahan explained the Spears Road Estates Draft Plan of Subdivision and associated Zoning By-law amendment application were approved by Council in July 2006. The approved Draft Plan was for 40 single detached dwellings. An application was subsequently submitted by PLW Planning Consultants (Leigh Whyte) on behalf of the owners, Ashton Homes (Western) Ltd. to redline revise the Spears Road Estates Draft Plan of Subdivision and to amend the Zoning By-law for the vacant lands located west of Spears Road and north of Garrison Road including 1094 Garrison Road.

Mr. Kernahan explained a public meeting in support of the application was held July 9, 2012. Subsequent to that public meeting, an issue was identified by the District School Board of Niagara (DSBN) with the location of the stormwater management pond. To address the issue and other issues identified by the public through the consultation process, the applicant modified the Draft Plan of Subdivision and associated zoning by-law amendment application. He advised the purpose of this public meeting was to obtain public input on the revised plan and zoning by-law amendment application.

Mr. Kernahan advised notice of this meeting was provided in accordance with the provisions of the Planning Act by placing an ad in The Times on December 15, 2012 and mailing a copy of the notice to all property owners within 120 metres of the subject lands on December 14, 2012.

Mr. Kernahan explained the property is located in the Spears High Pointe Neighbourhood east of Spears Road and north of Garrison Road and includes the property at 1094 Garrison Road. The subject site is relatively flat and consists of overgrown grasslands and scrub brush. A few mature trees exist near the boundary of the property. The property where the

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 32 of 115 COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JANUARY 14, 2013 PAGE FIVE

stormwater management block is proposed is currently occupied by a single detached 1.5 storey house with a detached garage. The surrounding land uses consist of the following: vacant residential land and two small treed areas identified as a locally significant wetland to the north; commercial and residential properties fronting onto Garrison Road to the south; existing single detached residential dwellings fronting onto Spears Road to the east; Garrison Road Public School and a portion of a treed area in the northwest identified as a locally significant wetland to the west.

Mr. Kernahan stated the Official Plan designation for the subject site and surrounding area is “Urban Residential.” The proposed single detached dwellings, semi-detached dwellings, townhouses, stormwater management pond and parklands are permitted uses. With respect to the natural heritage mapping for the area, a portion of the site is identified as a woodlot over two hectares. The natural heritage policies of the Official Plan do not apply to plans of subdivision that were draft approved before the policies were put in place, unless draft approval lapses or significant modifications were made to the plan. The Spears Road Estates Draft Plan approval is still in place and significant modifications have not been made. Accordingly the proposed development is permitted by the Official Plan.

Mr. Kernahan explained the subject site is zoned “Neighbourhood Development (ND) Zone”, “Residential 2 R2 (H) Zone”, “Open Space OS (H) Zone” and “Residential 2 R2-360 (H) Zone.” A temporary stormwater management block was formerly proposed on the portion of the site zoned “Residential 2 R2-360 Zone.” A park was proposed for the portion of the site zoned “OS-360 Zone.” 1094 Garrison Road is currently zoned “Neighbourhood Development.” The subdivision is made up of 40 single detached dwellings, Block 42 which is temporary stormwater management block and a park which is labeled as Block 41. There is one entrance to the subdivision from Spears Road. The portion of the road between Spears Road and Lot 1 has been oversized to accommodate two pavement widths of 6 metres each, separated by a median.

Mr. Kernahan advised the proposed redline revised subdivision includes 30 single detached dwellings, two blocks of townhouse dwellings each containing 8 units and 8 semi-detached dwellings. The proposed subdivision includes a modified and slightly larger park as well as a block reserved for a future access to the north. The temporary stormwater management block has been removed and a permanent facility is proposed on 1094 Garrison Road, identified as Block 43.

Mr. Kernahan explained the applicant is proposing to rezone the previous temporary stormwater management block, now shown as Lots 15 to 18 to an “R2 Zone” to permit the construction of 4 single detached dwellings on these lands. The applicant is also proposing to rezone lands along the south and west of the site from a “Residential 2 R2 Zone” to a “Residential Multiple RM1 Zone” to permit the construction of the 16 townhouse dwellings and 8 semi-detached dwellings. The applicant is

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requesting that the southwest corner of the approved plan and the north portion of 1094 Garrison Road be rezoned from “Neighbourhood Development ND Zone” to “Open Space OS Zone” to accommodate the stormwater management facility. The applicant is also requesting a reconfiguration of the “Open Space OS Zone” to align it with the configuration of the parklands in the revised plan. The applicant is requesting that the south portion of 1094 Garrison Road be rezoned from “Neighbourhood Development ND Zone” to “Residential Multiple 1 RM1 Zone” to permit future medium density development.

The Mayor indicated the Committee would now hear from the applicant.

Mr. Leigh Whyte, PLW Planning Ltd., on behalf of Ashton Homes, advised the draft plan of subdivision was approved in 2006. The developer considered increased density consistent with Provincial, Regional and Town Policies. In July 2012 they presented an alternative revised plan with 15 townhomes along the southern property line and a stormwater management pond exclusively on the Garrison Road property. Some concerns were raised by the DSBN and area residents with respect to the location of the stormwater management facility. A field review was undertaken with DSBN, the developer and Town staff. A presentation of the revisions was made to DSBN who were satisfied along with a commitment to on-going dialogue and involvement in the design. A field review was also undertaken with area residents and Town staff to discuss concerns regarding stormwater management. As a result the revised plan shifted the stormwater management pond further north away from the area where young children are present at the school. They agreed to develop the pond to enhance educational opportunities and involve stakeholders and students in the design process. Some townhomes to the western property line were relocated in response to public comments. He added that two 6 ft. chain link fences would have to be crossed in order to access the stormwater management pond.

The Mayor indicated the Committee would now hear from those person(s) who wished to speak in favour of the application.

(a) Maria Lirio, 1074 Garrison Road

Ms. Lirio advised her property is adjacent to the stormwater management pond. She stated she is in support of the development. She was present to express her concerns and request from Mr. Whyte, the developer and Mr. Kernahan the following: • Build an inlet to the pond on the southwest corner of her property so that the natural flow of drainage can be maintained. • Ensure a drainage system on the north and west borders of her property will last for the next 25-50 years.

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• Mr. Whyte is constructing a 3-6 ft. swale. She is concerned it will get clogged with grass and leaves and wants to ensure the water will flow from her property. She requested a letter in writing to that effect from the developers. • She referred to the wire link fence and requested that a 6 ft. wooden fence on the south west and north edge of her property be constructed to provide her with privacy from the townhouses and pond. • She understands the pond will be 2-3 metres deep and is concerned about safety when the water rises and children climbing the fence.

Ms. Lirio reiterated the pond and townhouses have been placed next to her property which will affect her property value. Before any changes occur she would like to be consulted. She requested a letter in writing from the developer and Town staff to preserve the integrity of the drainage and her privacy.

The Mayor indicated the Committee would now hear from those person(s) who wished to speak in opposition or to ask questions of the application.

No person(s) came forward.

Mayor Martin announced that the Public Meeting was now concluded.

(b) Proposed Official Plan Amendment and Property Rezoning

Re: Jason Pizzicarola (Owner) - for lands located at 209-215 Ridge Road for an Official Plan Amendment from Institutional and Commercial to a Site Specific Commercial Zone for amendments to the Official Plan and Zoning By-law to permit a nanobrewery and associated uses including parking and outdoor patio

Mr. Kernahan delivered a power point presentation. A hard copy is available in the Clerk’s Office.

Mayor Martin announced this portion of the meeting would be devoted to the holding of a Public Meeting as provided for under the Planning Act, R.S.O. 1990, Chapter P.13 with respect to the proposed official plan and property rezoning for lands located at 209-215 Ridge Road.

Mayor Martin advised of the Public Meeting process and enquired as to the manner and date upon which notice of this Public Meeting was given.

Mr. Kernahan explained an application has been submitted by Jason Pizzicarola to amend the Official Plan and Zoning By-law for the Sanctuary located at 209-215 Ridge Road North.

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Mr. Kernahan stated the property is located in the Ridgeway/Thunder Bay Neighbourhood at the southwest corner of Ridge Road North and Elm Street in Ridgeway. The subject site is relatively flat with one existing building which is a former church now converted into a community centre. On the west side of the building there is a paved parking area with six parking spaces and access from Elm Street. The balance of the subject site is landscaped. The surrounding land uses consist of the following: Elm Street and single detached dwellings to the north; vacant commercial building with a residential unit to the south; hair salon with residential apartments and automobile service shop to the east; and single family dwelling to the west.

Mr. Kernahan stated the Official Plan designation for the north portion of the subject lands is “Institutional” and the south portion is “Commercial.” An amendment to the Official Plan is required for the entire property to permit the proposed use. There are no natural heritage features on or adjacent to the subject property.

Mr. Kernahan explained the north portion of the subject site is zoned “Institutional 1 Zone” which permits institutional uses including churches, cemeteries, accessory structures and accessory dwelling units. The south portion of the subject site is zoned “Commercial 2 C2 Zone” which permits a variety of commercial uses including business and professional offices, eating establishments, places of recreation, entertainment and assembly, studios, taverns and other uses. The applicant has requested a site specific amendment to the zoning for the entire property to permit a nanobrewery and associated uses.

Mr. Kernahan explained that initially the applicant requested the zoning of the entire subject site be amended to a site specific “Commercial 2 C2 Zone.” The applicant subsequently modified his request for a zoning amendment to a site specific “Central Business District C2A Zone” to reflect the location of the property within the Ridgeway core commercial area. The following summarizes the requested site specific “Central Business District Commercial C2A” zoning for the subject site. The nanobrewery and associated commercial uses are proposed within the existing buildings on the subject property and no development is proposed. A paved parking area including six spaces is located on the west side of the building. A 192 square metre outdoor patio associated with the nanobrewery and/or future eating establishment is proposed on the east side of the building adjacent to Ridge Road. The applicant has requested that entertainment be permitted on this patio which is located approximately 26 metres from a “Residential Zone.”

The Mayor indicated the Committee would now hear from the applicant.

Mr. Pizzicarola advised he purchased the building 2 ½ years ago because he thought Fort Erie needed more arts, culture and special events. When he first purchased the building he talked to the Fort Erie Arts Council and partnered with them to engage in this project. The Arts Council have an art gallery and small retail boutique on the main floor of the building. They

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continue to grow and develop and are offering art and drama classes to children as well as a large annual function. The Sanctuary is involved in programming for events, concerts, fashion shows, zumba and belly dancing classes. He is trying to program the space for the community and to make it a sustainable environment. The nanobrewery is on a small scale and consultation with the federal, provincial and municipal governments is required in order to develop it.

Mr. Pizzicarola introduced his partner and brewer Rod Daigle. Mr. Daigle of Brimstone Brewing Co., who advised he resides at 462 Ridge Road and was present to offer a perspective from the brewing side. He explained nanobrewing through a power point presentation. He clarified a nanobrewery is not going to bring a large corporation to Town. It operates on a small scale, has no definition and is a new concept. Microbrewery is more common. Nanobrewery actually brews in batches of less than 7 barrels (130 litres), some are 3 barrel batches and with no pub attached. A nanobrewery is the embodiment of a “mom and pop” brewing operation. Macrobreweries have 95+% of the North American market share, microbreweries are small and common since the 1980’s.

Mr. Daigle advised nanobrewery is a pioneering concept, pre-prohibition where there was a brewery on every corner similar to bakeries. There are currently 60-100 in the United States however, it is a new concept in Canada where the only other nanobrewery is in Smithers, B.C. but has since closed. Brimstone Brewing Co. is Canada’s only production nanobrewery and the smallest, commercial brewery.

Mr. Daigle explained Brimstone Brewery plans to make 40 litre batch sizes which is two times the size that a home brewery would produce. They plan to “brew green” in a number of ways: • Recapture water and reuse it for cleaning, watering hop plants as well as for brewing, • Recycle spent barley which is an excellent high protein feed for livestock and donate it to local farmers, • By being small and local. Brimstone will brew hops they grow eliminating the need for commercial transportation.

In closing, Mr. Daigle stated the Sanctuary Centre for the Arts is developing into a destination i.e. art gallery, live music venue, multi-use event space, bistro/eatery and nanobrewing.

The Mayor indicated the Committee would now hear from those person(s) who wished to speak in favour of the application.

(a) Charles Skinner, 208 Ridge Road North

Mr. Skinner stated the Sanctuary is a wonderful thing. He owns S&G Automotive garage across the street from the Sanctuary and there is a parking issue when someone parks at his garage after 5:00 p.m. since his customers drop off their car after hours and he is responsible for it. He cannot close his parking lot every night.

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COUNCIL-IN-COMMITTEE MINUTES – MONDAY, JANUARY 14, 2013 PAGE TEN He has had issues with people going to the Sanctuary walking through and parking in his parking lot.

Mr. Skinner clarified this is his only issue. He doesn’t want to worry about someone parking in his parking lot after hours and damaging his customer’s car since he is responsible.

The Mayor indicated the Committee would now hear from those person(s) who wished to speak in opposition or to ask questions of the application.

(a) Cheryl Bailey, 188 Ridge Road North

Ms. Bailey stated there have been a lot of great events and activity at the Sanctuary. She has lived in Ridgeway for 33 years and has witnessed many changes. She is concerned about parking and noise. When there are events she can hear the noise at her house. Another concern was if the music on the patio would be a rock band however, that was clarified it would be more acoustic. Odour from the nanobrewery was also a concern but she indicated that too was addressed.

Mayor Martin announced that the Public Meeting was now concluded.

Re: Town of Fort Erie (Applicant) - Proposed Housekeeping Amendments

Ms. Dolch, Manager of Development Approvals delivered a power point presentation, which can be accessed in full text by clicking on the presentations link, and a paper copy is also available in the Clerk’s Department.

Mayor Martin announced that this portion of the meeting would be devoted to the holding of a Public Meeting as provided for under the Planning Act, R.S.O. 1990 Chapter P.13 with respect to the introduction of a by-law to provide for housekeeping amendments to the Zoning By-law.

Mayor Martin advised of the Public Meeting process and enquired as to the manner and date upon which notice of this Public Meeting was given.

Ms. Dolch, Manager of Development Approvals advised notice of this meeting was provided in accordance with the provisions of the Planning Act by placing an ad in The Times on December 15, 2012. Agency and departmental circulation occurred on December 14, 2012.

Ms. Dolch explained Zoning By-law No. 129-90 was adopted in July 1990 and has been the regulating land use document for the Town since that time with respect to the following: • Types of buildings that are permitted; • Where buildings and other structures can be located; • Lot sizes, landscaped areas, parking requirements, density, building heights, setbacks from lot lines and street, etc.

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Ms. Dolch stated housekeeping changes or amendments are intended to keep a Zoning By-law relevant with other policy or legislation, user friendly, accurate and manageable by bringing forward changes to Zoning By-law No. 129-90 on a yearly basis. This is a major housekeeping amendment and is intended to: • Bring the Town’s Zoning By-law into conformity with the Town’s Official Plan which was approved by the Region in November 2011; • Provide new definitions and zones; • Make required grammatical changes; • Incorporate new regulations; and • Update the zoning maps.

Ms. Dolch explained the proposed housekeeping amendments are divided into seven broad categories: 1. Application and Interpretation. 2. Zone Chart. 3. New and amended definitions. 4. General Provisions. 5. New Zones. 6. Changes to Existing Zones. 7. Mapping Amendments.

Ms. Dolch reviewed changes to the Index Chart including a New Provision 1.3 Interpretation (g). She provided an overview of the following amendments, additions, deletions: • New Definitions: Assisted Living House, BMX Race Track, Equine Related Manufacturing Facilities, Farm Winery, Greenhouse Product Outlet, Home for the Aged, Local Shopping Centre, Regional Shopping Centre, Secondary Use, Spa Services and Temporary Use. • Amended Definitions to improve functionality of the Zoning By-law and improve clarity of intent are: Agriculturally related use, Attic, Bake Shop, Farm Product Market, Farm Produce Outlet, Group Home, Liquor Stores, Lot Frontage, Outdoor Recreation, Personal Service Shop, Professional Office and Tradesperson’s Shop. • Deleted Definitions include: Auctioneer, Land Division Committee, Second Level Lodging House, Senior Citizens Apartment House and Non-recreational Vehicles-Modular and Portable Homes. • Other changes to Definitions are grammatical, legislative, renumbering and relocating alphabetically. • Changes to General Provisions include: New provision to Accessory Uses, Group Homes, Home Occupation, Lighting and Signs, Parking Area Regulations, Prohibited Uses, Swimming Pools, Temporary Uses– Sale of Merchandise, Temporary Uses-Storage of Products in Vehicles for Shipping, Storage of Recreational Vehicles, Operating Machinery, Accessory Apartments and Refuse Collection Areas. • 5 new zones are being created: Existing Open Space OS Zone, Existing Commercial Use ECU Zone, Core Mixed Use 2 CMU2 Zone, Urban Entertainment Centre UEC Zone and Environmental Conservation EC Zone. • Two other new Zones are: Waterfront Residential WR Zone and Waterfront Rural Residential WRR Zone.

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• Changes to existing zones. • Mapping amendments.

The Mayor indicated that the Committee would now hear from those wishing to make comments or ask questions of the application.

(a) Wayne Redekop, Jones Jamieson Redekop

Mr. Redekop advised he is legal counsel for his clients Mr. and Mrs. Holmes at 2152 Garrison Road. He provided Members of Council with excerpts of the Zoning By-law relative to his clients’ property. He has had conversations with municipal staff including Mr. Brady and Ms. Dolch as it relates to his clients’ property. Their differences stem from interpretation of the existing zoning of the subject property and how it relates to the proposed amendments.

Mr. Redekop provided a brief history of the property purchased by Helma and Robert Holmes ten years ago from Mrs. Holmes’ parents. Her parents purchased the property about 50 years ago (6 acres) which is currently zoned C7. Shortly thereafter they added a further 63 acres of agricultural land which is farmed. After buying the property, Mrs. Holmes’ father built a fruit and vegetable stand. By the late 1970’s this use was supplemented by a flea market and antique shop. The property has been zoned “Commercial Rural (C7)” since 1990 when the current Zoning By-law was created. In recognition of the antique shop and flea market, the property was designated as an “exception” to the by-law and classed as (C7-10).

Mr. Redekop referred to Section 26 Rural Commercial (C7) Zone to Zoning By-law No. 129-90 and specifically Section 26.2 Permitted Uses. Exceptions to the Rural Commercial (C7) Zone and specifically C7-10 states “nothing shall prevent the continued use of the lands indicated as C7-10 on Schedule ‘A’ for an antique shop, a flea market and uses, buildings and structures accessory thereto.”

The wording changed in 1997 when the Zoning By-law was amended however, the permitted uses contained in Section 26.2 applied to Rural Commercial Zoned property i.e. antique shop, flea market and accessory use.

In 1990 changes to the Zoning By-law and some non-conforming uses were placed therein as an exception to his clients’ property. His clients understood they could continue to utilize all of the permitted uses with the current changes, he had some conflicting conversations with Planning staff. Since then he understands the Town has sought legal counsel who may be in agreement with him. Report No. CDS-03-13 on Page 6 suggests that by transferring his clients’ property from C7 Zone to Agricultural A Zones will increase the opportunities for uses on this property. He indicated that is not correct.

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Tab 3 of the materials he provided lists Section 26.2 Permitted Uses for Rural Commercial (C7) Zone versus Section 7.2 Permitted Uses for Agricultural (A) Zone. The uses are not transferred and therefore, his clients will lose their permitted uses.

Mr. Redekop stated he has been advised by staff that these changes have been initiated by the Town to bring the Zoning By-law into conformity with the Town’s Official Plan. These changes have not been requested by his client. The Town has indicated this step is mandatory to rezone from C7 to Agricultural. He would argue it is permissive and the Town has latitude from the Official Plan to deviate where it is reasonable. He would not argue with staff regarding policy but would like to seek a resolution for his client. The effect of the amendment to an Agricultural A Zone, if it goes through, will eliminate for his client all of the permitted uses outlined in Section 26.2 which would result in a significant reduction in the use of their property and its value. He suggested there is an inequity on how these landowners are being treated by this rezoning. He also recited other similar examples along Garrison Road who are in the same predicament as his clients.

Mr. Redekop stated his client’s solution is to leave the property zoned as C7. There is nothing to prohibit that and it would recognize the current existing uses of these lands. Alternatively, if the Town insists to rezone their property to Agricultural with permission to have existing permitted uses as outlined in Section 26.2, that would accommodate the Town’s position to rezone their property Agricultural and his clients’ desire to maintain the permitted uses contained in Section 26.2.

Mr. Redekop stated he is asking for fairness and for the Town to maintain the integrity of his clients’ property.

(b) Cheryl Caughey, 4881 Garrison Road

Mrs. Caughey advised she is from Niagara Falls but owns the property at 4881 Garrison Road. Her property is currently zoned C7 and the Zoning By-law amendment is proposing to rezone it to Agricultural. They are in the same position as the property owners at 2152 Garrison Road and wish to continue with permitted uses relative to the C7 Zone. She was not made aware of the proposed by-law until late Friday afternoon. Since she lives in Niagara Falls, she does not receive The Times.

Ms. Schooley became aware of the proposed rezoning this past weekend. Her property is currently zoned C2 and C7 and it is proposed to be rezoned to A4. She has not had adequate time to research the changes and has contacted her legal counsel, Peter Bonenfant. She is concerned about any changes to her current zoning and use of her property.

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Ms. Schooley expressed the following concerns: • Does the rezoning from C7-4 to A-4 in any way change the current use of her commercial property. • What, if any changes of business endeavours are added or removed to the Zoning By-law from the C7-4 to A-4. • At the time of selling her property, what hinderances are there for potential buyers due to the change from C7-4 to A-4 and what types of commercial use does her property now hold versus A-4 zoning.

(d) Joseph Bieron, 4217 Erie Road

Mr. Bieron, President of the Bay Beach Property Owners Association, advised he attended the open house, talked to staff and received materials. He reviewed the housecleaning bylaw and wished to address the new Section 16 Residential Riverfront Zone.

Mr. Bieron indicated he is most concerned with this new zone. With most of the other changes, there are old provisions and there are the new changes identified. With this new zone, he suggested it is all new so it is difficult to see what it is all about. He noted one can now put a support facility in front of their house which makes sense. He asked for more transparency in the reasons why this new section has been created. He advised he is the liaison between the Zoning By-law and the Association’s membership, many of whom are not here in the winter.

Mr. Bieron asked for the time and opportunity to work with staff to understand the creation of this zone, what it means and why it’s being created so he can get back to his membership. He questioned if this new designation is compatible with other by-laws or does it mean other things. He is not for or against the proposed Zoning By- law but is asking for time to seek clarification.

(e) George Parazader, 980 Ridge Road North

Mr. Parazader was concerned about the changes to the current Estate Residential (ER) Zoning. Under the proposed amendments ER zoning is to be changed in name and divided into two zones: Waterfront Rural Residential (WRR) Zone and Rural Residential (RR) Zone. The requirements for each are similar to the ER zoning except for the lot size of RR zone. While the WRR zone lot size remains at 1 acre, which is the same as the current ER zoning, the proposed lot size for RR zoning has been increased 2 ½ times from 1 acre to 1 hectare. Since lots in these zonings require septic disposal systems and a lot size of 1 acre is sufficient under most conditions, the lot size for RR zoning should remain at 1 acre to match the WRR and current ER requirements. It is his opinion the selective larger lot for RR is unwarranted since 1 acre is sufficient for a septic disposal system for WRR and would be more than adequate for RR. In fact, servicing demands for RR are usually less than WRR since waterfront homes tend to be larger and soils tend to be wetter resulting in higher demands on a disposal system.

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Mr. Parazder suggested the policy for a number of years has been to discourage rural development. In this regard, Town Planning has curtailed new ER zonings which is now being replaced with RR zoning. Therefore, the argument that the larger lot size will discourage rural development is redundant. Similarly to WRR lands, total current lands zoned RR are fixed and the majority of the currently zoned lands have been developed and lot sizes set. The remainder represents a small portion to be utilized therefore, at this stage the increase in lot size appears to be unnecessary.

Mayor Martin announced that the Public Meeting was now concluded.

At 8:10 p.m. Council recessed for five (5) minutes.

(d) Official Plan Amendment - Community Improvement Policies

Re: Town of Fort Erie (Applicant) - Proposed Housekeeping Amendments

Mr. Heyworth delivered a power point presentation which can be accessed in full text by clicking on the presentations link and a paper copy of same is also available in the Clerk’s Office.

Mayor Martin announced this portion of the meeting would be devoted to the holding of a Public Meeting as provided for under the Planning Act, R.S.O. 1990, Chapter P.13 with respect to the Proposed Housekeeping Official Plan Amendment No. 10 – Site Specific Designation and Policy Changes. .

Mayor Martin advised of the Public Meeting process and stated the public’s comments will assist staff in making a recommendation to Council. He enquired as to the manner and date upon which notice of the Public Meeting was given.

Mr. Heyworth, Manager of Land Use Policy, explained that Official Plan Amendment No. 10 was being processed to align certain site specific Official Plan designations with previous approvals and/or existing zoning or existing use of land. Other amendments are being initiated to improve and clarify existing policies or involve refinements to natural heritage mapping. The subject Official Plan Amendment is being processed in concert with housekeeping zoning amendments to bring the Town’s Zoning By-law into conformity with the Official Plan.

Mr. Heyworth informed notice of the Public Meeting was provided in accordance with the Planning Act by placing a notice in the December 15, 2012 edition of The Times newspaper and by mailing notice to each of the property owners within one hundred twenty metres of the subject lands on December 14, 2012. An open house was held on December 11, 2012 for Official Plan Amendment 11 as well as Official Plan Amendment 10 and the housekeeping Zoning Amendment. All of these amendments are considered part of the Town’s housekeeping amendment exercise. Ten people signed the Open House attendance sheet.

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Mr. Heyworth explained Amendment 10 is being processed separately from Amendment 11 as this amendment is a consolidation of proposed site specific designation mapping and/or text changes. In this case, the Town is the approval authority for Amendment 10. Amendment 11 is broader in scope, its focus is entirely outside the urban boundary and for these reasons the Region is the approval authority.

Mr. Heyworth advised the following housekeeping amendments are proposed to site specific designation changes: • Vacant Niagara Parks Commission lands north of Dominion Road, west of Lakeshore Road are proposed to be redesignated from “Urban Residential” to “Open Space” to better reflect the existing park use. The subject lands comprise approximately 1.378 hectares. • The portion of the Town owned Shagbark Park situated within the urban area boundary is proposed to be redesignated from “Institutional” to “Open Space” to better reflect the existing park use. The subject lands comprise approximately 2.5 hectares. • A portion of the lands of the Garrison Green Subdivision located on the south side of Garrison Road, east of Arthur Street are proposed to be redesignated from “Commercial” to “Urban Residential” to reflect the existing zoning and site specific amendment to the previous Official Plan. The subject lands comprise approximately 0.95 hectares. • The lands associated with 33 Princess Street are proposed to be redesignated from “Commercial” to “Urban Residential” to reflect the existing zoning and previous approval of Official Plan Amendment No. 3. The subject lands comprise approximately 0.36 hectares. • The lands of the former Police Station situated at 122 Thompson Road owned by the Region are proposed to be redesignated from "Institutional" to “Commercial” given the building is no longer used for police services and the proposed designation is compatible with existing neighbouring commercial designations. The subject lands comprise 0.25 hectares. • Policy 4.14.1 of the Official Plan relates to lands designated as “Urban Entertainment Centre.” Currently the designation permits various uses ancillary to the predominant use being a horse race track, equine centre and approved gaming facilities. The amendment will propose to have the predominant and ancillary uses listed all as permitted with no differentiation, as well as other minor permitted use refinements. Any proposed residential uses will still have to be an ancillary use however, Policy 4.14.1 IV will remain to require a Comprehensive Development Plan that will assist towards controlling the ultimate land uses and arrangement of those uses. The subject lands comprise approximately 148 hecatres. • A small portion of a large parcel of land situated north of Townline Road, south of the Niagara River Parkway and west of the Beam Road allowance is proposed to be redesignated from “Agriculture” to “Rural Residential” to reflect the existing “Estate Residential Zoning.” The subject lands comprise approximately 0.6 hectares.

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Mr. Heyworth provided an overview of redline revisions of the proposed housekeeping amendments to site specific policy text changes, environmental mapping refinements and site specific designation changes.

Mayor Martin stated the Committee would now hear from any individual who wished to speak in favour of the application.

No person(s) came forward.

Mayor Martin stated the Committee would now hear from any individual who wished to speak in opposition to the application or to ask questions.

(a) John Perham, 3625 Hazel Street

Mr. Perham advised he fully supports the proposed amendments relative to Shagbark Park. He stated he represents residents on Prospect Point Road and Hazel Street and they are concerned the road allowance will be used as an ingress and egress to Shagbark Trail. They would like to purchase the road allowance and alleviate that issue. They are concerned the progress in downtown Ridgeway will result in this area becoming more busy and noisy.

(b) George Parazader, 980 Ridge Road North

Mr. Parazader requested clarification of the small parcel proposed to be rezoned from Agricultural to Rural Residential on Townline Road. Planning had advised him that Estate Residential is being changed to Rural Residential.

Mayor Martin announced the Public Meeting was now concluded.

(e) Official Plan Amendment - Accessory Apartments within Agricultural, Rural and Rural Residential Designations

Re: Town of Fort Erie (Applicant) - Housekeeping Amendments

Mr. Heyworth delivered a power point presentation which can be accessed in full text by clicking on the presentations link and a paper copy of same is also available in the Clerk’s Office.

Mayor Martin announced this portion of the meeting would be devoted to the holding of a Public Meeting as provided for under the Planning Act, R.S.O. 1990, Chapter P.13 with respect to the Proposed Housekeeping Official Plan Amendment No. 11 – Accessory Apartments in Dwellings in Agricultural, Rural and Rural Residential Designations.

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Mr. Heyworth, Manager of Land Use Policy, explained the Town of Fort Erie is initiating Housekeeping Official Plan Amendments (OPA’s 10 and 11) to improve and clarify existing policies and/or match policies to existing zoning where it makes sense to do so. The subject Official Plan Amendment is being processed in concert with housekeeping zoning amendments to bring the Town’s Zoning By-law into conformity with the Official Plan. The new Official Plan permits accessory apartment units within existing dwellings in the urban residential designation subject to certain conditions. The Zoning By-law currently allows these accessory units within existing dwellings within Agricultural, Rural and Rural Residential type zones subject to specific zoning provisions. This proposed amendment aligns the Official Plan and Zoning By-law while also partially addressing recent amendments to the Planning Act regarding Secondary Units.

Mr. Heyworth informed notice of the Public Meeting was provided in accordance with the Planning Act by placing a notice in the December 15, 2012 edition of The Times newspaper and mailed to relevant agencies on December 14, 2012. An open house was held on December 11, 2012 for Official Plan Amendment 11 as well as Official Plan Amendment 10 and the housekeeping Zoning Amendments. All of these amendments are considered part of the Town’s housekeeping amendment exercise. Ten people signed the Open House attendance sheet. Amendment No. 11 is being processed separately from Amendment 10 as this amendment is broader in scope and focused entirely outside of the urban boundary. For these reasons the Region is the approval authority whereas the Town is the approval authority for Amendment 10.

Mr. Heyworth explained Policy 4.7.4.1 IV of the Official Plan which provides policy direction for accessory apartments within dwellings is under the “Urban Residential” section of the Official Plan. The amendment proposes to amend other sections of the Official Plan to allow accessory apartments in dwellings in agricultural, rural and rural residential areas, subject to the same policy direction with the addition of a policy to require Regional approval for a sustainable private sewage disposal system. This proposed amendment is the first step in planning staff’s assessment of secondary units. Planning staff will analyze where secondary units in accessory structures are appropriate and under what circumstances in 2013.

Mr. Heyworth stated in addition to increasing the stock of affordable rental accommodation in an area, accessory apartments within these designations provide the following benefits: • Provide homeowners with an opportunity to earn additional income to help meet the costs of homeownership; • Support changing demographics by providing more housing options for extended families, elderly parents, or live-in caregiver or farm help; • Create jobs in the construction/renovation industry; • Given accessory apartments will be within the dwelling there will be no opportunities for further severances of separate dwelling units which is in keeping with Provincial policy for these areas;

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• In some cases, accessory apartments within dwellings in agricultural areas (rather than a separate unit) further minimizes disturbances to agricultural lands; and • Regional approval for a sustainable private sewage disposal system will be required.

Mr. Heyworth advised the proposed policy is currently in the Urban Residential Section of the Official Plan as Policy 4.7.4.1. IV, is proposed to be added to the Agricultural Section as Policy 4.5.2 VII, Rural Section as Policy 4.6.2 VI and Rural Residential Section as Policy 4.7.5.1 X including the addition of sub-policy (g).

Mayor Martin stated the Committee would now hear from any individual who wished to speak in favour of the application.

No person(s) came forward.

Mayor Martin stated the Committee would now hear from any individual who wished to speak in opposition to the application or to ask questions.

No person(s) came forward.

Mayor Martin announced the Public Meeting was now concluded.

8) CONSENT AGENDA ITEMS

(a) NIL

9) COMMUNITY AND DEVELOPMENT SERVICES

(A) DELEGATIONS

(a) Ray Luciano, Certified Solar

Re: Overview of Green Energy Act and Feed-in-Tariff (FIT) Program for Roof Top Mounted Solar Systems and Request for Municipal Support

Mr. Luciano explained in May 2009 the Province of Ontario established the “Green Energy Act” and a Feed-In-Tariff (FIT) Program was implemented by the Ontario Power Authority. He is submitting an application on behalf of 3650 Eagle Street which is due on January 18, 2013.

Mr. Luciano advised he is present to request Council’s support resolution regarding the installation of 100 kilowatts solar panels on the rooftop at 3650 Eagle Street. Part of the approval process of the application is to obtain approval from the host municipality which would allow the proponent to acquire points towards a point system. The application is then assessed by the Ontario Power Corporation to help constituents continue on a fair playing field.

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Mr. Luciano was present to help the proponent’s project obtain approval from Council so it will be judged fairly and have a good chance to proceed. Approval of this application will allow the business on Eagle Street to earn extra income from green energy under the current FIT Program, attract new business and keep business in Fort Erie.

Mr. Luciano asked for Council’s support to help a local business owner achieve extra income and attract investment in Fort Erie through the support of solar power. The Province will launch Project 3 in the future and those investments will go towards a favourable climate in investment once it has been supported by local governance.

Council generally agreed to move to New Business under this section in order to consider recommendations relative to Roof Top Mounted Solar Systems and the requests for municipal support. However, the minutes will reflect the order of the agenda, as printed.

(B) REPORTS

(a) REPORT NO. CDS-01-13- PROPOSED REDLINE REVISION TO DRAFT PLAN OF SUBDIVISION (SPEARS ROAD ESTATES) AND ZONING BY-LAW AMENDMENT - WEST OF SPEARS ROAD, NORTH OF GARRISON ROAD - ASHTON HOMES (WESTERN) LTD. - PLW PLANNING LTD. (LEIGH WHYTE)

Recommendation No. 1 Moved by: Mayor Martin

THAT:The revised Spears Road Estates Subdivision (Part of Lot 1, Concession 4, Niagara River) dated November 30, 2012, showing 30 blocks for single detached dwellings, 4 blocks for semi-detached dwellings, 2 blocks for townhouse dwellings, 1 block for parkland and 1 block for a pedestrian walkway shown on Appendix "5" be approved in accordance with the provisions of the Planning Act, R.S.O. 1190 c.P.13 and the regulations thereunder, subject to the conditions contained in Appendix "7" of this report, and the parties be advised of Council's decision on the application in accordance with the Planning Act, and further

THAT:The revised conditions of draft plan approval in Report No. CDS-01-13 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 Residential R2-360 Zone to a Residential 2 R2 (H) Zone, from a Residential 2 R2 Zone to a Residential Multiple 1 RM1 (H) Zone, from a Residential 2 R2 Zone to a Site Specific Open Space OS (H) Zone and from a Neighbourhood Development (ND) Zone to a Residential Multiple 1 RM1 (H) Zone be approved and a Zoning By-law Amendment be submitted to Council, and further

THAT:The holding provision not be removed until a Subdivision Agreement has been completed to the satisfaction of the Town. (CARRIED)

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(b) REPORT NO. CDS-02-13 - PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT - THE SANCTUARY (209-215 RIDGE ROAD) - JASON PIZZICAROLA

Recommendation No. 2 Moved by: Councillor Passero

THAT:This report be received for information purposes, and further

THAT:A report on the Official Plan and Zoning By-law Amendment be presented to a future Council-in-Committee Meeting with the recommendations subsequent to the Public Meeting. (CARRIED)

Recommendation No. 3 Moved by: Councillor Shular

THAT:This report be received for information purposes, and further

THAT:A report on Zoning By-law No. 129-90 - Housekeeping Amendment be presented to a future Council-in-Committee Meeting with the recommendations subsequent to the public meeting. (CARRIED)

(d) REPORT NO. CDS-04-13 - OFFICIAL PLAN AMENDMENT 10 - PROPOSED HOUSEKEEPING AMENDMENTS TO TOWN OF FORT ERIE OFFICIAL PLAN - SITE SPECIFIC DESIGNATION AND POLICY CHANGES

Recommendation No. 4 Moved by: Councillor Shular

THAT:This report be received for information purposes, and further

THAT:A report on housekeeping Official Plan Amendment 10 be prepared for a future Council-in-Committee Meeting after considering input from the public meeting. (CARRIED)

(e) REPORT NO. CDS-05-13 - OFFICIAL PLAN AMENDMENT 11 - PROPOSED HOUSEKEEPING AMENDMENTS TO TOWN OF FORT ERIE OFFICIAL PLAN TO PERMIT ACCESSORY APARTMENTS IN AGRICULTURAL, RURAL AND RURAL RESIDENTIAL DESIGNATIONS

Recommendation No. 5 Moved by: Councillor Hill

THAT:This report be received for information purposes, and further

THAT:A report on the Housekeeping Official Plan Amendment 11 be presented to a future Council-in-Committee Meeting after considering input from the public meeting. (CARRIED)

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(f) REPORT NO. CDS-06-13 - FENCE VARIANCE REQUEST OPTIONS

Recommendation No. 6 Moved by: Councillor Shular

THAT:Council hereby receives this report for information purposes, and further

THAT:Council hereby directs staff to make the necessary modifications to the Official Plan, Zoning By-law and Fence By-law enabling variances from the Fence By-law to be directed to the Committee of Adjustment.

Recommendation No. 7 Moved by: Councillor Shular

THAT:The recommendation be amended to include modifying the user fee by- law. (CARRIED)

Recommendation No. 8 Moved by: Councillor Shular

THAT:Council hereby receives this report, as amended for information purposes, and further

THAT:Council hereby directs staff to make the necessary modifications to the Official Plan, Zoning By-law, Fence By-law and User Fee By-law enabling variances from the Fence By-law to be directed to the Committee of Adjustment. (CARRIED)

(g) REPORT NO. CDS-07-13 - THE TOWN OF FORT ERIE'S POSITION REGARDING SOLAR PANEL ROOFTOP PROJECTS

Recommendation No. 9 Moved by: Councillor Hill

THAT:The request for a blanket resolution received from various private energy companies to implement rooftop solar panel projects throughout the Town be rejected, and further

THAT:Council hereby determines to deal with rooftop solar panel requests on a case by case basis. (CARRIED)

(h) REPORT NO. CDS-08-13 - CENOTAPH/MONUMENT RESTORATION PROGRAM PARTNERSHIP CONTRIBUTION AGREEMENT

Recommendation No. 10 Moved by: Councillor Hill

THAT:The Mayor and Clerk be authorized to execute the Cenotaph/Monument Restoration Program Partnership Contribution Agreement with Veterans Affairs, for the contribution of $25,000 towards the restoration of the Fort Erie Cenotaph, and further

THAT:A by-law be submitted to Council authorizing the Mayor and Clerk to execute the Contribution Agreement. (CARRIED)

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(i) REPORT NO. CDS-09-13 - MUTUAL ASSISTANCE AGREEMENT BETWEEN NIAGARA AREA MUNICIPALITIES AND THE REGIONAL MUNICIPALITY OF NIAGARA

Recommendation No. 11 Moved by: Councillor Passero

THAT:The entry into a Mutual Assistance Agreement with the Regional Municipality of Niagara and participating area municipalities, for the provision of any personnel, service, equipment or material during an emergency, be authorized and approved, and further

THAT:A by-law be submitted to Council to authorize the entry into the said agreement. (CARRIED)

(j) REPORT NO. CDS-10-13 - COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND CONTRIBUTION AGREEMENT

Recommendation No. 12 Moved by: Councillor Passero

THAT:The Mayor and Clerk be authorized to execute the Community Infrastructure Improvement Fund (CIIF) Contribution Agreement with the Federal Economic Development Agency for Southern Ontario, for the contribution of up to $165,0000 towards improvements to the Optimist Soccer Park (CIIF Project No. C0948), subject to approval of the 2013 Operating Budget and amendment of the 2013 Capital Budget on January 28, 2013. (CARRIED)

(k) REPORT NO. CDS-11-13 - FIRE DISPATCH SERVICES AGREEMENT BETWEEN THE TOWN OF FORT ERIE AND THE CITY OF ST. CATHARINES

Recommendation No. 13 Moved by: Councillor Shular

THAT:Council hereby authorizes and approves the entry into a Fire Dispatch Services Agreement with the City of St. Catharines for the provision of fire dispatch services, and further

THAT:Staff be directed to prepare the necessary by-law authorizing the Mayor and Clerk to execute the Fire Dispatch Services Agreement on behalf of the Town of Fort Erie Fire Department. (CARRIED)

(a) Request from Certified Solar to construct and operate a Roof Top Solar System at 3650 Eagle Street

Recommendation No. 14 Moved by: Mayor Martin

WHEREAS Certified Solar (the “Applicant”) proposes to construct and operate a rooftop solar (the “Project”) at 3650 Eagle Street (the “Property”) in the Town of Fort Erie, under the Province’s FIT Program, and

WHEREAS the Applicant has requested the Municipal Council of the Town of Fort Erie to indicate by resolution Council’s support for the construction and operation of the Project on the Property, and

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WHEREAS pursuant to the rules governing the FIT Program (the “FIT Rules”), Applications whose Projects receive the formal support of Municipalities will be awarded priority points, which may result in the Applicant being offered a FIT Contract prior to persons applying for FIT Contracts;

NOW THEREFORE be it resolved by the Municipal Council of the Town of Fort Erie that it hereby supports the construction and operation of the Project on the Lands, subject to building permit approvals, and further

THAT:It is hereby acknowledged the sole purpose of this resolution is to enable the Applicant to receive priority points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. (CARRIED)

(b) Request from WSW Systems Inc. to construct and operate a Roof Top Solar System at 260 Lewis Street

Recommendation No. 15 Moved by: Mayor Martin

WHEREAS WSW Systems Inc. (the “Applicant”) proposes to construct and operate a rooftop solar (the “Project”) at 260 Lewis Street (the “Property”) in the Town of Fort Erie, under the Province’s FIT Program, and

WHEREAS the Applicant has requested the Municipal Council of the Town of Fort Erie to indicate by resolution Council’s support for the construction and operation of the Project on the Property, and

Councillor Lubberts indicated he received an enquiry from a resident at Ridgeway-by-the-Lake who was concerned with the house being built next door where the height seemed to be outrageous. Councillor Lubberts questioned if there were any height restrictions on any of the houses being built in this subdivision. He indicated he received another call before the Council meeting to drive by where there are 10 foot walls. He described his visit there on the weekend with Councillor Collard where the property fronting onto Prospect Point Road had a subfloor equal to the eaves trough next door. The neighbour’s concern is that the house being built doesn’t conform with the neighbourhood. He asked if there are any height restrictions in the subdivision agreement.

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Mr. Brady responded the current way that height is controlled in the Town of Fort Erie is by the number of storeys identified in the zoning by-law i.e. 1, 1.5, 2 or 3 storeys. He indicated that was his concern when he came to the Town of Fort Erie because height was not defined in the Zoning By-law. He stated staff will be trying to deal with it under a housekeeping amendment to the Zoning By-law. He added as long as the building meets the number of storeys in the zoning by-law it meets Town standards.

Councillor Lubberts requested if Mr. Brady could email him his response in order that he could forward it to Mr. Mitchell who made the enquiry. He added he was curious since years ago when he did carpentry work, they built a garage where there was a height restriction of 14 feet. The eaves trough could not be higher than 14 feet. He asked if there was anything like that in the Zoning By-law. Mr. Brady responded he received a copy of the email sent to Mayor and Council. He stated he would provide Mr. Mitchell with a letter and copy it to Mayor and Members of Council for their information.

On the matter of the garage, Mr. Brady indicated Councillor Lubberts was correct since there is a height restriction on accessory structure use and there is nothing for the primary. The Zoning By-law clearly says 2.5 storeys. He repeated that staff are addressing it.

Councillor Lubberts asked if Mr. Brady could look at the Site Plan Agreement and Plan of Subdivision for Ridgeway-by-the-Lake to see if they have to be compatible with neighbouring properties and the residents would have been told this when they moved into the subdivision.

Councillor Lubberts made a further enquiry regarding last month’s Business Status Report where it said Council would deal with redline revisions for Ridgeway-by-the-Lake and a report would come in January. He questioned why it was not before Council at this meeting and was not included in the Business Status Report before Council at this meeting. Mr. Brady responded it would be on the agenda for February. The Business Status Report in December identified it as Ridgeway-by-the-Lake Phase 2 and the Business Status Report in this agenda says the report for Ridgeway-by-the-Lake Phase 3. That is the report coming in February.

(D) BUSINESS STATUS REPORT

N/C

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10) CONSENT TO ADD OTHER BUSINESS SUBDIVISION MATTERS

Recommendation No. 16 Moved by: Councillor Shular

THAT:Pursuant to Section 16.9 of Procedural By-law No. 145-06, as amended, consent is hereby granted to consider Corporate Services and Infrastructure Services matters at this meeting due to extra-ordinary circumstances. (CARRIED)

11) CORPORATE SERVICES

(A) REPORTS

(a) REPORT NO. CS-01-13 - AMENDMENT AND EXTENSION AGREEMENT WITH ROGERS COMMUNICATIONS INC. (TELECOMMUNCATIONS TOWER AT CRYSTAL RIDGE COMMUNITY CENTRE)

Recommendation No. 17 Moved by: Councillor Shular

THAT:The entry into an Amendment and Extension Agreement with Rogers Communications Inc. for the communications tower at Crystal Ridge Community Centre, be authorized and approved, and further

THAT:A by-law be submitted to Council to authorize the entry into the said agreement. (CARRIED)

12) INFRASTRUCTURE SERVICES/CORPORATE SERVICES

(A) REPORTS

(a) REPORT NO. IS-01-13 - AWARD OF TENDER FOR JANITORIAL SERVICES AT THE LEISUREPLEX, TOWN HALL, GIBSON CENTRE AND LIBRARY BRANCHES

Recommendation No. 18 Moved by: Councillor Shular

THAT:Council hereby awards Contract No. ISF.06-2012 - Janitorial Services to Omni Facility Services Canada Ltd. (GDI Omni) in the amount of $104,819.01 (including hst) for Year 1 and $106,391.31 (including hst) for Year 2. (CARRIED)

13) SCHEDULING OF MEETINGS

(a) Regional Transportation Strategy Steering Committee Meeting – January 15, 2013 at 11:00 a.m. – Regional Headquarters. (b) The Mayor referred to a request to confirm dates sent to all Members of Council by the search firm for the filling of the vacancy of the Chief Administrative Officer. He asked if Council wished to continue with this firm, and if so, to confirm the dates set out in the Consultant’s email. All Members of Council agreed to continue with the search firm. The Mayor indicated he would tell the Consultant to establish those dates.

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14) ADJOURNMENT

Recommendation No. 19 Moved by: Councillor Collard

THAT:Council-in-Committee does now hereby adjourn at 9:53 p.m. (CARRIED)

______MAYOR

______CLERK

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 55 of 115 The Municipal Corporation of the Town of Fort Erie

COUNCIL-IN-BUDGET COMMITTEE MEETING #4

TUESDAY, JANUARY 15, 2013

COUNCIL CHAMBERS

M I N U T E S

1) CALL TO ORDER

The meeting was called to order at 5:31 p.m.

2) ROLL CALL

PRESENT: Mayor Douglas G. Martin; Councillors Collard, Hill, Lubberts, Passero, Shular and Steckley.

ALSO PRESENT: R. Tripp, Acting Chief Administrative Officer C. Kett, Town Clerk H. Chamberlain, Director of Financial Services T. Kuchyt, Acting Director of Infrastructure Services R. Brady, Director of Community and Development Services L. Coplen, Fire Chief J. Sorrenti, IT Support J. Thibert, General Manager, Fort Erie Economic Development and Tourism Corporation A. Joon, Sr. Economic Development Officer, Fort Erie Economic Development and Tourism Corporation C. Grummett, Executive Assistant/Jr. Economic Development Officer, Fort Erie Economic Development and Tourism Corporation

MEDIA PRESENT: Mike Cloutier, Ridgeway Herald and James Culic, The Post

MEMBERS OF THE PUBLIC PRESENT: 6

3) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE

NIL

4) REVIEW OF ADDENDUM/ANNOUNCEMENTS

Addendum

NIL

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Announcements

NIL

5) OPENING REMARKS

Councillor Hill stated it is clear the Economic Development and Tourism Corporation plays a vital role in moving business forward in Fort Erie. He added the presentation is very important and will clearly articulate the state of the economy in Fort Erie as Council moves forward with this budget.

6) BOARDS AND COMMITTEES

(A) PRESENTATIONS

(a) Mr. Rick Gorham, Vice-Chair of the Board of the Directors of the Fort Erie Economic Development and Tourism Corporation indicated he would provide introductory remarks and was joined by his fellow board member, Mr. Wayne Nelson. Mr. Gorham advised Chair Claude Pilato sent his apologies. Other board members present were the Mayor and Councillor Hill. He introduced staff members Jim Thibert, Adam Joon and Caralee Grummett. At the outset, Mr. Gorham stated he would like to take the opportunity to point out some pertinent facts as summarized below:

• The state of the Fort Erie economy presented to Council is the result of exhaustive research and analysis which could only be accomplished by years of experience of building relationships with key business leaders and investors. • This product, which is unique to Fort Erie, is presented to Council and businesses in Fort Erie to help better understand the nature and context of the economy to facilitate their planning. • ETDC staff are experienced professionals who are respected and supported by the major business community and investors. • The EDTC has taken on responsibilities without precedent among their peers, by re-establishing Fleet Canada, managing Fort Erie Racetrack, investing in an environmental assessment on industrial property to facilitate shovel readiness, National tenders on concepts to bring new light to tourism (Miller’s Creek Marina), and so on. • EDTC submits a three year budget each year.

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COUNCIL-IN-BUDGET COMMITTEE MEETING #4 MINUTES TUESDAY, JANUARY 15, 2013 PAGE THREE

• Reminded Fort Erie the EDTC does not create jobs, business creates jobs. Business and people with jobs pay taxes. The primary responsibility of the EDTC is to advise and help Fort Erie create an environment that is conducive to jobs and business creation, to help Fort Erie differentiate Iitself from the competition and to be ready to facilitate business development. This is accomplished through advice to Council, business and senior levels of government.

In closing, Mr. Gorham suggested Fort Erie needs to build its tax base and not increase taxes and fees.

Mr. Jim Thibert, General Manager, Economic Development and Tourism Corporation addressed Council utilizing a power point presentation.

Mr. Thibert’s delivered a power point presentation, which can be accessed in full text by clicking on the presentations link, and a paper copy is also available in the Clerk’s Department.

Before beginning his power point presentation, Mr. Thibert provided Council with historical context over the past eleven years from 2000-2001 to 2012 when various plants closed, the EDTC was restructured and the various budget submissions were made to Council. Mr. Thibert went into some detail respecting the history of the budget submissions since 2003, framed with a Council theme, each reflecting the nature of the economy at the time.

Mr. Thibert reflected on the following:

• View from 25,000 feet of the analysis of the local economy for the industrial, tourism/commercial and residential housing sectors as well as the gaming industry over the period 2010 to 2012 and the varying strengths of the sectors. • Tourism sector is struggling as part of a more “global condition” specific to tourism. He highlighted U.S. day-trippers to Ontario in comparison with the value of the Canadian dollar against the U.S. dollar from the period 1998-2011 were day- trippers have steadily declined while the Canadian dollar has steadily improved. The EDTC tourism sector focus is on attracting, encouraging and supporting tourism “attractor” development, ie: the development of new, modern, compelling tourism attractions. Tourism “feeders” are the responsibility of local tourism sector stakeholders, the private sector owner/operators, etc. • With respect to the industrial sector, began with an overview of the EDTC U.S. Investment Study Key Findings Report (2003). Fort Erie industrial base is mostly U.S. based branch plants and

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Canadian companies are primarily exporting to the U.S. representing most manufacturing employment in Fort Erie. As the Canadian dollar strengthened, exports from Ontario to the U.S. fell. • The drivers of manufacturing include the cost of labour, the cost of energy and the cost of capital. A detailed analysis of each component to demonstrate the challenges faced by the industrial sector was unveiled in Fort Erie, Ontario and Canada. • Global influence on Fort Erie stems from its U.S. branch plant based economy where decisions are made based on U.S. issues. For example, DMI head offices are in West Fargo, North Dakota and Tulsa, Oklahoma and Vertis is in Baltimore, Maryland and operates out of 31 other U.S. locations. • Fort Erie can differentiate itself by sticking to Plan A – Fort Erie Value Proposition; provide better customer service by being faster, no waste, be the “Place To Be”, deliver on promises and become developer/investor friendly”; be more aggressive on strategy for change on matters of PSW’s, OMB issues, land availability (agricultural-serviced) and government jobs (lobbying); get Council on side and prepared and be proactive, not reactive. Analysis of global influence in Fort Erie. • To sum up, companies have a lot of money in reserves to expand, lowest interest rates in history, best time to invest and with high unemployment, it means people are available, quality of choice and hiring is high and bargain labour costs. Each of these factors included short term and long term approaches. Energy costs are always increasing; land costs are down but availability is questionable, serviced land is a problem with scheduling and competition, especially during times of stimulus money; development costs where there is too much time and money in process, development charges versus taxes, cost beyond property line, redundant processes and too many unknowns; for labour costs, there is a limited pool of skills and availability and first in, in development, will win labour race from pent up demand; and operating costs are always increasing through taxes, regulations and associated costs, constraints to trade and competition with less controls and costs. • Review of top ten things elected officials should know about economic development and score card results. • Take-aways include understanding your environment and learn from history; with a global economy, investors go where money can be made; our housing and subdivisions are key to the future prosperity and people go where the jobs are for themselves, for their kids and their friends.

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Mr. Thibert reviewed the EDTC 2013 budget request in the amount of $670,388.00 which reflects their 1.29% increase over 2012. He reviewed their three year business plan and associated costs, and finished with a review of their administrative budget, and reserve replenishment of $48,361.28 which sits as their emergency response fund.

Mr. Thibert concluded his presentation by identifying accomplishments in 2012 through business expansion, business retention and business attraction; staff overtime and the 2013 Work Plan Overview.

In closing, Mr. Thibert presented critical recommendations to Council.

(B) REPORT

(a) REPORT NO. CBC-06-13 - REPORT ON THE ECONOMIC DEVELOPMENT AND TOURISM CORPORATION - 2013 OPERATING BUDGET

Recommendation No. 1 Moved by: Councillor Steckley

THAT: The Economic Development and Tourism Corporation budget requests as set out in Appendix "1" be received for information and incorporated into the consolidated General Levy Operating Budget presentation on January 28, 2013. (CARRIED)

7) DATE OF NEXT MEETINGS

(a) General Levy Operating Budget/Assessment Analysis Report - Monday, January 28, 2013 and February 20, 2013 (if required).

8) ADJOURNMENT

Recommendation No. 2 Moved by: Councillor Steckley

THAT: The Council-in-Budget Committee Meeting does now hereby adjourn at 8:20 p.m. (CARRIED)

______MAYOR

______CLERK

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Town of Fort Erie Fort Erie Our Focus: Your Future Active Transportation

Advisory Committee

Meeting Date, Time, and Location

Tuesday November 13th, 2012 5:30 pm Conference Room 1

Members

Committee Members Staff Resources Dennis Hernandez-Galeano, Chair Russ Wilson, GM, Community Gaming Development Corporation, present to 6 pm Mark Spencer – Vice Chair Chris Millar, Neighbourhood Planner Jessica Carthew, Recorder, regrets Rhonda Barron, Health Promoter, Bridges Community Health Centre Christopher Chew Beth Hughes, Admin Assistant, CGDC Joshua Deschamps, regrets Luisa Maria Galeano de Hernandez Guests John Hill, Councillor, present to 6 pm Jackie Gervais, Health Promoter, Chronic Disease and Injury Prevention Division, Niagara Region Alex Chew, possible new member

1) Call to Order

The Chair called the meeting to order at 5.40 pm.

2) Approve Agenda

Additions to the agenda: Overview of IWALK results, STP Initiative – Rhonda Barron

Resolution No. 10-12 Councillor Hill – Luisa Galeano de Hernandez

th THAT: The FEAT agenda for the November 13 , 2012 meeting be accepted as amended. (CARRIED)

3) Declaration of Conflict of Interest

N/A

4) Adoption of the Fort Erie Active Transportation Minutes of October 9th, 2012.

Resolution No. 11-12 Mark Spencer – Councillor Hill

th THAT: the minutes of the Fort Erie Active Transportation Committee of October 9 , 2012 be accepted as written. (CARRIED)

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 61 of 115

FEAT November 13th, 2012 Minutes Page Two

5) Business Arising from Minutes

WALK Friendly Ontario Pilot

The committee members completed the pilot test of the assessment tool that communities will use to measure walkability in the areas of policy and planning, engineering and community design, education and encouragement, and enforcement and evaluation. The completed assessment will be submitted on the 16th of November to Canada Walks, a division of Green Communities Canada.

Information needed for the assessment was gathered from Town departments, Stats Canada, Bridges CHC, Niagara Region and the NRP. This was the committee’s first project providing the members with an opportunity to work as a team while learning more about the many components that make a community walk friendly.

Canada Walks will roll this project out to all Ontario communities in the spring of 2013.

From Kate Hall, Consultant, Canada Walks:

We sincerely appreciate your interest in helping us to pilot test the assessment tool that we have developed to measure a city/town's walkability in the areas of policy and planning, engineering and community design, education and encouragement, enforcement and evaluation. Your role will be to complete the assessment tool which will serve as the application, evaluate it and supporting materials in order to ensure a smooth roll out of the program in 2013 when applications for designation will be open to all communities in the province. Although there you are all taking the lead on the pilot, completing the assessment tool should be a collaborative effort and will entail significant contributions from community groups, public health and municipal staff, particularly in public works/engineering, planning and transportation demand management. We are interested in the process as much as the product and encourage you to gather feedback as you work through the assessment with your colleagues.

Kids & Bike Safety

Facebook: Mark voiced his concern about website content regarding possible links included on the page. This concern stems from the fact that this is a Committee of Council. This will be taken to the Town’s IT Manager, Kelly Davis.

Skateboarding and helmet use as protection and prevention of injury and the possibility of a new by-law to make wearing of skateboard helmets mandatory until the users are 18 years old:

Through an email response, one of the Town By-law Officers advised the committee that skateboards are not considered a type of transportation under the Highway Traffic Act. Only one municipality had mandatory helmet use while riding a skateboard written in to their by-law. All the others tended to steer away from this issue. They tend to regulate where you can ride not what you are required to wear when riding.

One of the issues to consider is how easy would it would be for this by-law to be enforced. We are limited in our powers. A youth stopped by By-Law Enforcement is not required to give his name or address to the officer, we are not able to detain the person while we make enquiries as to whom we are speaking to. The police however have the legislative powers to demand name and addresses of individuals. The other question would be how willing would the police be to enforce this by-law should it be passed by Council. I have one further concern which would be the Towns liability should this by-law be passed and a person is injured while not wearing a helmet, Could the Town be held liable for a by- law that had been passed but was difficult to enforce because of some of the above reasons.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 62 of 115

FEAT November 13th, 2012 Minutes Page Three

Incentives vs tickets were briefly discussed as a means to promote helmet use. The committee will visit this again in February 2013.

6) New Business

Funding opportunities – Russ Wilson

Russ suggested to the committee that a plan outlining initiatives be prepared which he will take to Council for future budget consideration. In the interim Russ said that through his budget he would assist with smaller financial needs such as advertising a project.

Overview of Active Transportation - Jackie Gervais, Health Promoter, Niagara Region

Jackie introduced that she is employed by the Region and works with all municipalities within Niagara. She shared some of the experiences and progress of other municipalities such as Bike Welland, a community-based advocacy group that is working to promote cycling as a viable and safe mode of transportation and recreation for people of all ages and abilities, and the accomplishments of the Pel- ham Active Transportation committee such as promoting and co-hosting Pelham’s 1st car free street festival. This names just two communities in Niagara who have thriving AT committees.

Jackie told the members of Healthy Living Niagara’s (HLN) partnership of community groups who work together so people in Niagara can lead safe, healthy active lives and youth can flourish. She provided a copy of a guide for groups who want to improve active transportation and also mentioned access to this guide plus much more is available at the HLN website. www.healthylivingniagara.com

The committee discussed with Jackie the logical next step of developing the strategic plan and Jackie will return to the committee with guidance in establishing a meeting for the purpose of developing the plan.

Jackie provided the committee with a number of resources which will be useful in developing the strategic plan and for future projects.

Committee Self Evaluation

This item will be included on the next agenda.

Curb Cutting Policies Enquiry

This item will be included on the next agenda.

IWALK update – Rhonda Barron

Rhonda provided the results from the IWALK to school initiative:

Bridges Community Health Centre, in partnership with the Fort Erie Active Transportation Committee, coordinated a local walk to school initiative under the banner of ‘IWALK’ the week of October 8-12, 2012. Eight out of twelve elementary schools in the Municipality of Fort Erie elected to participate with six of the eight schools collecting pledges from a total of 172 students. In order to gain a better understanding of how the initiative contributes to improved outcomes (more students using active transportation to get to and from school) we asked students pledging to walk or bike to school the week of October 8th if they normally walk or bike to school. According to the responses, 55% of students stated “yes” they normally walk or bike to school, 28% checked they “sometimes” walk or bike and REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 63 of 115

FEAT November 13th, 2012 Minutes Page Four

17% responded “no” they do not walk or bike to school. The feedback suggests that community initiatives such as IWALK create an incentive for students to use active transportation as a means of travel to and from school.

School Travel Plan (STP) – Work Continues – Rhonda Barron

Rhonda provided an overview of next steps and hopes of the General Vanier STP committee:

The General Vanier STP committee decided to host a social event at General Vanier School. The event is tentatively scheduled for Saturday February 16th, from 1-3 pm and will include a movie, popcorn, social time and information on School Travel Planning and related initiatives.

The initiative has multiple objectives. It will: • contribute toward the building of a new school community • create an opportunity for us to collect walkability assessments for the families transitioning from Rose Seaton and Fort Erie elementary to General Vanier thereby identify any physical safety barriers interfer- ing with safe and active routes to school • encourage students and families to use active transportation as a means to get to and from school • opportunity to promote future safe and active routes to school initiatives • recruit STP committee members

Next steps: Connect with Town about the initiative Request their support to connect with NSTS to identify where students live and develop maps that will facilitate identifying safe and active routes to school Find out how this initiative can support the work the Town will do in preparation for the school merger in Sept. 2013

It is our hope that the results of the walkability assessment will be supported by FEAT to ensure that any physical barriers or safety issues are addressed.

Invitations will go out to families at Rose Seaton, Fort Erie and General Vanier schools, Fort Erie Active Transportation Committee, District School Board, Niagara and Niagara Student Transportation Services and Healthy Living Niagara.

8) Next Meeting

The next meeting of FEAT will be held on Tuesday December 11th, 2012 at 5:30 pm in Conference Room 1.

9) Adjournment

Resolution No. 12-12 Mark Spencer – Chris Chew

THAT: The meeting does hereby adjourn at 7:50 p.m. (CARRIED)

Minutes recorded by: Minutes approved by:

Beth Hughes, Admin Assistant Dennis Hernandez-Galeano, Chair CGDC REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 64 of 115

Town of Fort Erie Fort Erie Our Focus: Your Future Active Transportation

Advisory Committee

Meeting Date, Time, and Location

Tuesday December 11th, 2012 at 5.30pm Conference Room 2

Members

Committee Members Staff Resources Dennis Hernandez-Galeano, Chair Russ Wilson, GM, Community Gaming Development Corporation, regrets Mark Spencer, Vice Chair Chris Millar, Neighbourhood Planner - regrets Jessica Carthew – Secretary/Recorder Rhonda Barron, Health Promoter, Bridges Community Health Centre, Gary Sherk Christopher Chew - regrets Beth Hughes, Admin Assistant, CGDC Joshua Deschamps - regrets Luisa Maria Galeano de Hernandez Guest John Hill, Councillor Kelly Davis, IT Manager - regrets Alex Chew - regrets

1) Call to Order

The Vice Chair, Mark Spencer called the meeting to order at 5:45pm. Gary Sherk was welcomed as a new member.

2) Approve Agenda

Resolution No. 13-12 Jessica Carthew – Luisa Galeano de Hernandez

THAT: The FEAT agenda for the December 11, 2012 meeting be accepted. (CARRIED)

3) Declaration of Conflict of Interest

N/A

4) Adoption of the Fort Erie Active Transportation Minutes of November 13th, 2012.

Resolution No. 14-12 Councillor Hill – Luisa Galeano de Hernandez

THAT: the minutes of the Fort Erie Active Transportation Committee of November 13th, 2012 be accepted as written. (CARRIED)

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 65 of 115

FEAT September 11, 2012 Minutes Page Two

5) Business Arising from Minutes

th 1. Utilizing Media – Kelly Davis being absent, it was decided to discuss this in the January 8 meeting.

2. Walk Friendly Ontario (WFO) – there was a discussion about an evaluation of the pilot survey the Committee took part in. Issues raised included the amount of staff time needed to complete the survey, the inadequate length of time allowed for the survey, lack of resources provided by WFO. The evaluation will be submitted on Friday 14th December. A web conference on the pilot survey will take place on Friday 14th from 2-3pm. All are welcome to take part.

Promotional items with WFO logo – 600 car magnets with the slogan “Watch for Walkers” have been printed off. Other suggestions made by the committee for promotional items include reflective things for walkers and cyclists and laneway lasers.

The point was made that doing this pilot will help FEAT by providing a useful blueprint to give the committee direction. Councillor Hill suggested that FEAT team up with the Mayor’s Youth Advisory Committee and use them as a resource. Dennis will contact their Chair.

Rhonda Barron made the point that FEAT could also be involved in the collection of data for the School Travel Plans and present this to Council. Rhonda will let the Committee know if she needs anything help with this.

3. Curb Cutting Policies – moved to next agenda

4. Strategic Plan – Jackie Gervais has connected FEAT to Bea Clark, Chair of the Pelham AT Committee. Bea is willing to help FEAT with a two-hour exercise on a voluntary basis, but can quote a fee for a more extended session. She is free for both the January and February meetings. It was decided that Beth will talk to Bea to find out what we can do to prepare and make best use of this initial two-hour meeting. Everyone is to consider in which direction they would like the Committee to go, while Jessica is to research “google docs” to enable members to contribute to a single document to build a Plan.

5. Committee Self-Evaluation – the forms were completed by all members.

6) New Business

Resolution No. 15-12 Jessica Carthew - Luisa Galeano de Hernandez

WHEREAS: Mr. Clem Gagnon has been absence from more than three consecutive meetings and has not replied to the request by email on April 4th, 2012 as to his continued membership on the Fort Erie Active Transportation Advisory Committee,

THAT: the Fort Erie Active Transportation Advisory Committee move to accept with regret the resignation of Clem Gagnon, and further

THAT: staff be directed to inform Council of same. (CARRIED)

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 66 of 115

FEAT September 11, 2012 Minutes Page Three

7) Enquiries by Members

• Rhonda Barron brought to the Committee’s attention that there was going to be an Open House at Stevensville Library on January 31st 2013, 6pm. The subject is about extending the public transit to Stevensville.

8) Next Meeting

The next meeting of FEAT will be held on Tuesday January 8th at 5:30 pm in Conference Room 1.

9) Adjournment

Resolution No. 16-12 Luisa Galeano de Hernandez

THAT: The meeting does hereby adjourn at 7.07 p.m. (CARRIED)

Minutes recorded by: Minutes approved by:

Jessica Carthew, Secretary/Recorder Dennis Hernandez-Galeano, Chair

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 67 of 115 CBBIA MIN/Dec/12

CRYSTAL BEACH BUSINESS IMPROVEMENT BOARD

Annual General Meeting

Tuesday, Dec. 4,2012

Crystal Ridge Library

1. Call to Order-Vice-Chair Goran Maljkovic 2. Roll Call-Board members present: Goran Maljkovic,Mike Hopper, Phil Smith,Winnie Swalm,Councillor Lubberts Regrets: Steve Oprici Members Present: Mia and Nick Russell,Carol McKay,Lois Wilson,Casey and Terry Marzec Guest: Carol Goettsche,CB Beautification Committee 3. Declaration of Pecuniary Interest- None 4. Approval of Agenda- Moved by Mike Hopper, seconded by Don Lubberts that the agenda be approved with one item added to #7“Lighting at Queen’s Circle”. Carried. 5. Approval of Minutes-Moved by Winnie Swalm, seconded by Goran Maljkovic that the minutes of Annual General Meeting of December 13, 2012 be approved. Carried. 6. Delegations: Crystal Beach Beautification Committee Lois Wilson-Co-Chair shared the mandate, determination, goals for 2013, and the request for financial support from the CBBIA in the amount of $4100. to be included in the BIA budget. Carol Goettsche told of the achievements and affirmations received by the group as well as the total number of volunteer hours. She thanked the CBBIA for their support. 7. Events of 2012 Polar Bear Dip-Appox.$1200. Profit -We will cut back on print advertising and use social media instead 5K Run-successful with best review we have ever had - We had a one time expense in the banner for across the street -There were just under 400 runners participating Free Skating-good attendance so far -advertised in the schools and on the town sign

8. Report on purchase of street furnishings

Goran Maljkovic reported that a committee of three was asked to suggest best spots and surprisingly many sites suggested were common to all three members.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 68 of 115 Thirteen sites have been approved by the town and the board has approved an expenditure of $10,000. Furnishings to be installed in the spring with help from the town.

Update on Removal of plaque in the Queen’s Circle-After input from board members it seems advisable to have discussion with anyone associated with the original placement if they are still available, as well as with the group originating the idea of moving it. Winnie Swalm will give this feedback to Signe Hansen .Suggestions were made that there should be a ceremony with the removal if indeed it is moved, as well as with the new installation, that perhaps an appropriate plaque could be placed associated with the Queen’s Circle, as well as comments of concern arising re the 1967 Centennial Sign at the Peace Bridge.

Potential Lighting of the Queen’s Circle-Suggested that the trees in the circle have white lights on all 16 trees year round as a long term goal .

Motion: Moved by Phil Smith, seconded by Mike Hopper that we approve a maximum of $2500.to light up 4 trees. Carried.

Other suggestions for the future included installing tree lights Queen’s Circle and having the gazebo painted.

9. Motion: Moved by Smith, seconded by Mike Hopper that we hire TenPine Web Development at a cost of no more than$1500.Carried. 10. Crystal Beach Beautification Committee Report- Winnie Swalm distributed copies of the application submitted in 2012 to compete in Floral Display for the board’s interest and information. The result was a standing in the top three Nationally. She stressed the importance of everyone’s cooperation and participation in keeping our streets litter free She reported that in 2012, the committee is planning curb appeal competition/recognition, as well as block competition/recognition, as well as encouraging the planting of Russian Sage, Crystal Beach’s favorite flower. 11. Councillor’s Report Re. the large parkinglot on Erie Rd. / and garbage, Councillor Lubberts talked to Ron Tripp. R. road and watermain near Waterfront Park, The town to hire an engineering firm to do some projects of which this is one. Small’s Road to be done as well. FOCB will have their lottery license reinstated. Molinaro Project is moving forward (one court case yet). Canadian Motor Speedway held up by an appeal. CAO item complete by end of year. 12. Financial Report and Budget

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 69 of 115 Moved by Mike Hopper, seconded by Winnie Swalm that the budget for 2013 with projections to 2014 and 2015 be approved as well as the Financial Report to November 30,2012. Carried. 13. Motion: moved by Phil Smith, seconded by Mike Hopper that we approve up to $6100.for street furnishings. Carried. 14. Brainstorming -business ideas to advance the business community need to be explored -website updates to be kept current - have an Octoberfest event -property improvements needed on business streets ,thematically or otherwise -CB Improvement Plan resourced

15. Next Meeting-TUESDAY. Feb. 5,2013@6:30 p.m. Place to be announced.

16.Moved by Winnie Swalm, seconded by Phil Smith that we adjourn.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 70 of 115 Rc;

The Fort Erie Senior Citizens Advisory Committee DEC 2 !012 December52Ol2 The of this committee was held in the Fort Erie c regular meeting tUj called to order by Joyce Dean at 10:00 a.m. ERIE Present Keith 1-layes,Bob Steckley, Bill Worwood, Frances Worwood, Joe Morlog, Terry Mackintosh, Rosalie Snyder, Carolyn Richardson Joyce Dean, Al Zanatta, Roland King, Betty King, 1-lelenMeagher,Burd Sisler

Carolyn Richardson is a new member at large. For her benefit a round the table introduction was made and said who we represent.

Minutes November 7 werc read by Keith Hayes. Moved by Rosalie Snyder, 21K1 I of Bill Worwood the minutes be accepted as read. Errors or Omissions Roland King said, at the last meeting, he made a motion up to $300.00 be spent for prizes at the Christmas Dinner. This was not mentioned in the minutes. Moved by Rosalie Snyder 2’ Bill Worwood to accept the minutes as corrected. Carried,

Comments arising from the last event.

The food service by the Lions was poorly organized. Previous Christmas Programmes consisted of Finger Food arid Sing a long.

Last year was a Family Style Dinner was catered by Mae’s Place. Theirs is a unique style of serving all hot 100(1items to one table at a time.

Rosalie Snyder informed the committee the Lions never did a venue such as this before. They will he working on ways to improve the situation. Help [‘ulFEints 1. When setting up for a family style dinner, have enough space to bring the serving cart to the tables. 2. If you are shy on dessert plates, have the server or bus person bring the bread & butter plates back to the kitchen to be washed, dried and reused as dessert plates. 3. For desserts such as pie. consider adding dessert forks to your silverware

Before the next event we need to create a better accounting system for ticket sales. Suggestions I. A ticket register for each seller. 2. Information required: buyers name , phone _Jocalor non resident 3. All tickets he numbered 4. Firm cut oil date. /2

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 71 of 115 Page 2 Fort Erie Senior Citizens Advisory Committee

Treasurers Report Al Zanatta Previous Balance 5,873.60 Expenditures 4,105.61 1,105.61 Revinue 1,130.00 Present Balance 2,897.)9 Motion to accept Treasurers Report. Moved by Roland King 2nd Terry Mackintosh Carried

New Business

Tentative Programmes lbr 2013

January 20 Chinese Dinner Happy Jacks February 24 RCL Br 230 - Ridgeway March April Little Theatre Italo-Canadian Club May 25 RCLBr7I June Leisureplex Euchre Party - Catered by Mac’s July Luncheon August 14 Sumrnerlèst (â C.R.C.C.

September 15 Rick’s Old Tyme B13Q October 20 Maria’s November Christmas Party

Joyce Dean - Chair Keith 1layes - Secretary

Next meeting Wednesday January 2, 2013 - 10:00 a.rn. ( Fort Erie Lions Seniors Centre

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 72 of 115 Senior Citizen’s Advisory Committee

MINUTES OF MEETING Wednesday January 2, 2013 Fort Erie Lions’ Seniors Centre

Present: Rosalie Snyder, Al Zanatta, Keith Hayes, Frances Worwood, Bill Worwood, Helen Meagher, Burd Sisler, Roland King, Joe Morlog, Barbara Hopkins, Carolyn Richardson Absent: Betty King, Bob Steckley

Chair: Rosalie Snyder Recording: Barbara Hopkins

1. Meeting called to order at 10:02 am with a welcome from Rosalie, thanking everyone for attending. Sign-in sheet was circulated

2. Agenda distributed & reviewed Motion to approve the agenda was made by Hopkins – 2nd Richardson…carried.

3. Minutes of previous meeting(s) – reviewed Motion to accept minutes of Dec 5th meeting moved by Sisler – 2nd Zanatta… carried.

4. Business Arising from the minutes: Nothing to review

5. Monthly Financial Report: Presented by Treasurer Al Zanatta

Previous Balance $2,897.99 Expenditures Incurred $1,901.91 $996.08 Deposit $110.00 Final & Present Balance $1,106.08

Motion to approve the financial report as submitted Morlog – 2nd B. Worwood…carried

6. Correspondence:  Rosalie read a thank you note from Joyce Dean

7. Old Business: Nothing to review

8. New Business:  Rosalie commented about a Sobeys’ Card that she found in her mailbox and was advised that the card came from Joyce Dean as we have an account with Sobeys  In order to update the Committee Members list information request forms were distributed to be completed by each individual – Updated listing will be included with Minutes of this meeting Calendar of Events for 2013  Rosalie indicated that we should be trying to keep our business in the community – this was with regards to the BBQ in September as Warren (Rick’s Olde Tyme BBQ)

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 73 of 115 Senior Citizen’s Advisory Committee Minutes of Meeting January 2, 2013 Page 2 of 2

is out of St. Catharines – agreed that since he was already booked we would continue with the plans for September however in the future we will clarify information regarding merchants we plan to deal with – the Stevensville Community Centre is booked for Sept 15th and the rental cost is $430.00  For the January event made note that the advertisement must state limited seating  February 24th will be a sit down luncheon at the Ridgeway Legion with a Dean Martin Tribute as the entertainment – the menu was agreed upon as Parmesan Crusted Chicken Breast, Garlic Roasted Potatoes, Broccoli Medley and pie for dessert – tickets for the Feb event will be ready at the Jan event.  Various options were discussed regarding the possibility of a Spring Strawberry Social at the FELSC  Joe Morlog motioned that the SCAC sponsor a free luncheon for seniors 75+ the motion was 2nd by R. King – Discussion indicated that this type of event would have to be approved by the Town – to proceed with this type of event vote indicated: IN FAVOUR 4 – OPPOSED 5 – motion defeated Review of Committee’s Mandate  Rosalie distributed copies of the Evaluation form which is due at Town hall by Feb. 1st – discussed that we need to revisit if we are going to meet our mandate as described in the Handbook received from the Town – Rosalie asked for a motion to table completing this form until she has some time to touch base with Bob Steckley and Town Hall – the motion was made by Richardson – 2nd Zanatta…carried General Round Table Discussion  Roland mentioned that we should look at partnering with other community organizations using the example of the Horticultural Society  Recommended that we designate some photography for a Power Point presentation to be used as promotion at other events – Roland indicated he and Betty would take on the challenge of creating the presentation and promoting this organization  Discussed how do we get more volunteers making note that is a committee wide issue – suggested taking down the name volunteer and calling our help con-associate advisor – also made note that we need to start thinking outside the box  All agreed that we have a lot to think about, especially based on the mandate as described in the Town Handbook – we may need to refocus – we all realize we could be more helpful but all needs can not be met by one organization

9. Next Meeting – Wednesday Feb 6, 2013 – 10:00 am – FELSC.

10. Adjournment: Motion to adjourn at 11:30 am made by R. King – 2nd B. Worwood…carried

Respectfully submitted:

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 74 of 115 Senior Citizen’s Advisory Committee

2013 Social Events

Month Day Event Location Caterer Entertainment

January 20 Chinese Dinner Happy Jacks In-house No at 1:30 pm

February 24 Luncheon RCL Br 230 In-house Dean Martin at 1:00 pm Tribute

March No Event

April TBA Garrison Little Italo-Cdn Marie’s Matinee Theatre Club Catering

May 25 Dinner RCL Br 71 In-house TBA

June 19 Euchre Party Leisureplex Mae’s No at 1:00 pm

July No Event

August 14 Summerfest Crystal Ridge To be Community Announced No Centre

September 15 Summer BBQ Stevensville Rick’s Community Olde Tyme TBA Centre BBQ

October 20 Dinner Italo-Cdn Maria’s TBA Club Catering

November TBA Christmas Party TBA TBA TBA

Revised 1/15/2013

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 75 of 115 Bridgeburg Station Historic Downtown Fort Erie Business Improvement Association 2012 Annual General Meeting Thursday December 6th 2012 BIA Office 23 Jarvis Street 6:00 pm MINUTES

1. Call to order 6:00 PM 2. Roll Call Barbara Horning — Chair Gary Berman — Vice Chair Leigh Whyte — Treasurer Steven DiMora — Director Stephen Passero - Councilor Veronica Landry — Manager

Peter Koutroulakis — Member (Old Bank Bistro) Leslie North - Member (Venus Jewellers) Gina Vottero — Member (Paws and Claws)

3. Disclosures of Pecuniary Interest None declared

4. Welcome and Introductions - Chair Barbara Horning Welcome from Chair of Board Barbara Horning.

5. Adoption of 2011 AGM minutes MOTION: Moved by Councilor Passero Seconded by Steven DiMora That the minutes of the 2011 AGM be adopted as printed. Carried

6. Annual Report — Chair Barbara Horning — Barbara went over accomplishments, partnerships and achievements accomplished over the last year. 7. Report from Councilor Stephen Passero- Report from Councilor Passero included installation of new garbage receptacles and old ones filled with dirt at no cost to bia, extra street sweep for earth day clean up, working on

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 76 of 115 F

Bridgeburg Station Historic Downtown Fort Erie Business Improvement Association 2012 Annual General Meeting Thursday December 6th 2012 BIA Office 23 Jarvis Street Page 2

Con ‘t. . . . improving appearance of impound lot way finding signage should be implemented in 2013, watering grant now a part of the base budget, had an arborist conduct an assessment on Jarvis street complete with report and recommendations, Central Ave Bridge will have a finalized design by 2013 with a completion date for 2014, Courtwright will be a formalized intersection, New fire station being built on Central Ave. A municipal contribution for 2018 has been put on paper in regards to the coal docks.

8. Presentation of Financial Statements 2011 — Prepared by Leigh Whyte Motion: Moved by Councilor Passero Seconded by Leicfl,Whyte To accept the 2012 Financial Summary as presented. Carried Presentation of 2011 Financial Summary - Prepared by Leigh Whyte

MOTION: Moved by Gary Berman Seconded by Councilor Passero That the 2011 Financial Statements be received and filed. Carried

9. Addendum to the agenda budget of 41,000$ changed to 67,000$

10. Presentation and approval, proposed 2013 budget— Prepared by Leigh Whyte Discussion by membership MOTION: Moved by Gary Berman Seconded by Councilor Passero That the 2013 Proposed Budget in the amount of $67,000 for Bridgeburg Station Historic Downtown Fort Erie Business Improvement Association be approved and submitted to the Council of the Town of Fort Erie Carried 11. Adjournment MOTION: Moved by Steven DiMora That the meeting adjourns at 6:55 pm

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 77 of 115 Bridgeburg Station Downtown BIA Treasurer’s Report - Summary of Accounts Date: December 6, 2012 2012 Account Description Actual Budget Income Percent 0002 Carry forward to Reduce Taxation $ - $ - 0193 Tax Levy - BIAJarvis Street $ - $ - $41,000.00 0970 Donations $ - $ - 2195 Contracts $ 19,320.00 $21,500.00 89.9% 2199 Other Contracts $ 25,975.22 $26,000.00 99.9% 2610 General Office Supplies $ 407.63 $ 500.00 81.5% 2993 Meeting Expenses $ 356.51 $ 1,000.00 35.7% 3140 Memberships $ 111.94 $ 250.00 44.8% 3150 Training and Development $ 40.70 $ 500.00 8.1% 3210 Postage $ 114.91 $ 50.00 229.8% 3230 Telephone & Internet $ 1,350.95 $ 1,300.00 103.9% 3250 Advertising $ 305.28 $ 1,000.00 30.5% 3251 Special Marketing Program $ 5,853.94 $ 7,554.00 77.5% 3310 Auditing &Accounting $ 746.24 $ 746.00 100.0% 3641 Rent $ 6,156.48 $ 6,600.00 93.3% 5901 Grants $ - $ - $26,000.00 Total $ 60,739.80 $67,000.00 90.7% Actual Income from Levy $ 67,000.00 Number of Months of Year 11.25 Percent of Year 93.75% Percent of Budget Spent 90.66% Effective November 6, 2012

Remaining Budget $ 6,260.20

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 78 of 115 REGULAR MEETING OFCOUNCIL -21JAN 2013

Treasurer’s

Account Bridgeburg

Date:

Effective Pending

•

0002 0193 0970

2195 2199 2610 2993 131 3210 3140 3150 3250 3230 3251 3641 5901

February

201

January

Tax Carry

Description Donations Casual General Contracts Training Other

Telephone Advertising Memberships Meeting Postage Special

Actual Grants Rent

Number Percent Percent Advertising Whyte Chesney Beatties Walmart

Sign Dim Mill

Carry

Station

Report

Levy -

berio Expenses -

Christmas forward 2,

Contracts

New

Wages -

Income

10,

forward Marketing

2012

Office

Expenses

and

Office - of of

of - - - - -

Downtown

Office

Office BIA

& Office

Summary

Office

2012

Year

Budget

for

Months -

Development

Internet

Christmas

Supplies

Jarvis

Office Furniture

from

Tree Reduce

to Supplies

Supplies

Furniture

Program

Reduce

Spent

Street

Stand Levy

BIA

Year

Season

Taxation

Accounts

Taxation

Total

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

Approximate

$ $ $ $ $ $ $ $ $

22,308.00 26,000.16

58,923.06 Actual

1,306.75 5,698.56 1,146.56

8,076.95

2,740.00

7,374.04 1

100.00%

756.15 239.14 502.03 ,976.54

929.69

87.94%

966.00

960.00

375.00

250.00

36.02

50.00 56.50

12.00 ------

Cost

$ $

$ $ $21,000.00 $26,000.00

$ $

$ $ $

67,000.00 Budget

1,000.00

1,000.00 9,650.00

5,500.00 2011 1,100.00 1,300.00

250.00

100.00 100.00 - - - - -

$41,000.01

$ $

Income

26,000.00

67,000.01 Page 79 of115 I

Percent

106.2% 100.0%

118.8%

103.6%

75.6%

36.0% 50.2% 95.7%

87.9% 71.5%

11.9%

0.0% Fort Erie, Ontario, 23 Jarvis Street,L2A 2S3 Tel: 905-871—4938 vlandry©bridgeburg-bia.ca www.bridge burg-B IA.ca 0ot4TOWN FORr(Rlf Amended Minutes For Thursday, December 6th, 2012 Bridgeburg Station Historic Downtown Fort Erie BBIA Office 23 Jarvis Street, Fort Erie, Ontario 5:30 (light refreshments)

1. Call to order: 7:07 p.m.

2. Roll Call: Regrets Chair: Barbara Horning Councilor: Stephen Passero Vice Chair: Gary Berman Treasurer: Leigh Whyte Director: Steven DiMora Manager: Veronica Landry

3. Disclosures of Pecuniary Interest None

4. Adoption of Minutes Motion: Moved by Gary Berman Seconded by Leigh Whyte That the board meeting minutes of the November th15 board of management meeting be adopted as printed. Carried

5. Presentations and Delegations None

6. Treasurer’s Report A. General Levy Account — No Report

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 80 of 115 Minutes Board of Management Meeting December 6th 2012 Page 2

B. Friends of Bridgeburg Station- No Report Motion: Moved by Gary Berman Seconded by Steven DiMora That the Bingo AGM which proper notice and budget has been circulated for, be adjourned until December20 2012. Carried 7. Guests Lesley North — Member Gina Vottero — Member

8. Communications Send letter to Salvation Army

9. Committee Reports A. Town of Fort Erie — Councilor Passero report was presented at the AGM

10. New Business A. Communications Proposal — Barbara presented that she is looking at implementing a communications proposal in the new year, willcompile a report to bring to the table for January.

11. Old Business A. Board and Committee Self Evaluation Guidelines- All board members completed their individual evaluations and willbe compiled into one report for submission to the town. B. Santa Claus Parade- Veronica presented that the parade went very well and was highly attended with excellent feedback from the community.

12. Open Discussion- Membership

13. Next Meeting January th10 2013

14. Adjournment Motion: Moved by Leigh Whyte That the board meeting adjourns at 7:30 pm

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 81 of 115 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 1-13

______BEING A BY-LAW TO AUTHORIZE THE MAYOR OR ACTING MAYOR AND THE TREASURER OR DEPUTY TREASURER OF THE CORPORATION OF THE TOWN OF FORT ERIE TO BORROW CERTAIN SUMS TO MEET CURRENT EXPENDITURES FOR THE YEAR 2013

WHEREAS Section 407(1) of the Municipal Act, 2001 provides that at any time during a fiscal year, a municipality may authorize temporary borrowing, until the taxes are collected and other revenues are received, of the amount council considers necessary to meet the current expenditures of the municipality of the year, and

WHEREAS Section 23.1 of the Municipal Act, 2001 provides that a municipality may delegate its powers and duties under the Act, and

WHEREAS a Demand Operating Facility Agreement is in place with The Toronto-Dominion Bank to permit the Town to borrow from time to time to an upset limit of $2.5 million dollars, and

WHEREAS it is deemed necessary to authorize the borrowing of monies to meet the current expenditures of the Corporation of the Town of Fort Erie for the year 2013 pending the collection of current revenues in accordance with the provisions of the Demand Operating Facility Agreement;

NOW THEREFORE the Municipal Council of The Corporation of the Town of Fort Erie hereby enacts as follows:

1. THAT the Mayor or Acting Mayor and the Treasurer or Deputy Treasurer of the Corporation are hereby authorized to borrow from time to time from the Toronto Dominion Bank in accordance with the Demand Operating Facility Agreement.

2. THAT the Mayor or Acting Mayor and the Treasurer or Deputy Treasurer are hereby authorized to execute on behalf of the Corporation a promissory note or notes in the manner signified in paragraph 3 hereof.

3. THAT a promissory note or notes, signed by the Mayor or Acting Mayor, and the Treasurer or Deputy Treasurer, and affixed with the Corporate Seal, for the amount from time to time borrowed under the authority hereof and interest thereon may be given to the Toronto Dominion Bank or its representative from time to time as security for such loans.

4. THAT the Treasurer or Deputy Treasurer are hereby authorized and directed to apply in payment of the money borrowed as aforesaid, together with interest thereon, all the monies now or hereafter collected or received on account or realized in respect of taxes levied for the current year and previous years and all of the monies collected or received from other sources excluding the sale of debentures, which may be lawfully applied for such purpose.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 82 of 115

BY-LAW NO. 1-13 PAGE TWO

5. THAT all of the taxes levied or to be levied for the current year and previous years, and all other revenues of the Corporation which may be lawfully charged for such purposes be and the same are hereby charged with repaying the same so borrowed.

6. THAT the Mayor or Acting Mayor and the Treasurer or Deputy Treasurer of the Corporation are hereby authorized and directed to execute any documentation necessary to complete the intent of this by-law.

7. THAT this by-law shall come into force and take effect on the day of the final passing thereof.

8. THAT pursuant the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act, 2001, as amended, the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections solely of an administrative, numerical, grammatical, semantical or descriptive nature or kind to this by-law or its schedules as such may be determined to be necessary after the passage of this by-law.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21ST DAY OF JANUARY, 2013.

______MAYOR

______CLERK

I, the Clerk, Carolyn J. Kett, of The Corporation of the Town of Fort Erie hereby certify the foregoing to be a true certified copy of By-law No. 1-13 of the said Town. Given under my hand and the seal of the said Corporation this day of , 20 .

______

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 83 of 115 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 2-13 ______BEING A BY-LAW TO PROVIDE FOR INTERIM TAXES FOR THE YEAR 2013

WHEREAS Section 317 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that the council of a local municipality, before the adoption of estimates for the year, may pass a by-law levying amounts on the assessment of property in the local municipality rateable for local municipality purposes, and

WHEREAS the Municipal Council of the Town of Fort Erie deems it appropriate to provide for such interim levy on the assessment of property in the Town of Fort Erie;

NOW THEREFORE the Municipal Council of the Corporation of the Town of Fort Erie hereby enacts as follows:

1. THAT in this by-law the following words shall be defined as:

"Minister" shall mean the Minister of Finance; "MPAC" shall mean the Municipal Property Assessment Corporation;

2. THAT the amounts levied shall be as follows:

2.1 For the Residential, Pipeline, Farmland and Managed Forest property classes there shall be imposed and collected an interim levy of: i. The percentage described by the Minister under Section 317(3) of the Municipal Act, 2001; or, ii. 50%, if no percentage is prescribed, of the total taxes for municipal and school purposes levied on in the year 2012.

2.2 For the Multi-Residential, Commercial and Industrial property classes there shall be imposed and collected an interim levy of: i) The percentage prescribed by the Minister under Section 317(3) of the Municipal Act, 2001; or, ii) 50%, if no percentage is prescribed, of the total taxes for municipal and school purposes levied on in the year 2012.

3. THAT for the purposes of calculating the total amount of taxes for the year 2012 under Section 2, if any taxes for municipal and school purposes were levied on a property for only part of 2012 because assessment was added to the collector's roll during 2012, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 84 of 115 BY-LAW NO. 2-13 PAGE TWO

4. THAT the provisions of this by-law apply in the event that assessment is added for the year 2012 to the collector's roll after the date this by-law is passed and an interim levy shall be imposed and collected.

5. THAT all taxes levied under this by-law shall be payable to the office of the Treasurer, or any financial institution within the Town of Fort Erie, in accordance with the provisions of this by-law.

6. THAT there shall be imposed on all taxes a penalty for non-payment or late payment of taxes in default of the installment dates set out below. The penalty shall be one and one- quarter percent (1.25%) of the amount in default on the first day of default and on the first day of each calendar month during which the default on the first day of default continues, but not after the end of 2013.

7. THAT the interim tax levy imposed by this by-law shall be paid in two installments due on the following dates: i) One-half (1/2) thereof on the 28th day of February of 2013; and ii) One-half (1/2) thereof on the 30th day of April of 2013.

Non-payment of the amount on the dates stated above shall constitute default and any subsequent installments shall forthwith become payable.

8. THAT the Treasurer may mail or cause to be mailed to the address of the residence or place of business of each person taxed under this by-law, a notice specifying the amount of taxes payable.

9. THAT the notice to be mailed under this by-law shall contain the particulars provided for in this by-law and the information required to be entered in the collector's roll under Section 343 of the Municipal Act, 2001.

10. THAT the final levy for the year 2013 to be made under the Municipal Act, 2001 shall be reduced by the amount to be raised by the levy imposed by this by-law.

11. THAT the provisions of Section 317 of the Municipal Act, 2001, as amended apply to this by-law with necessary modifications.

12. THAT the Treasurer shall be authorized to accept part payment from time to time on account of any taxes due, and to give a receipt of such part payment. No part payment shall be accepted on account of taxes in respect of which a tax arrears certificate is registered under the Municipal Act, 2001, except under an extension agreement entered into under Section 378 of that Act.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 85 of 115 BY-LAW NO. 2-13 PAGE THREE

13. THAT nothing in this by-law shall prevent the Treasurer from proceeding at any time with the collection of any tax, or any part thereof, in accordance with the provisions of the statutes and by-laws governing the collection of taxes.

14. THAT in the event of any conflict between the provisions of this by-law and any other by- law, the provisions of this by-law shall prevail.

15. THAT this by-law shall come into force and take effect on the day of the final passing thereof.

16. THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act, 2001, the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections solely of an administrative, numerical, grammatical, semantical or descriptive nature or kind to the by-law or its schedules as such may be determined to be necessary after the passage of this by-law.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21ST DAY OF JANUARY, 2013.

______MAYOR

______CLERK

I, the Clerk, Carolyn J. Kett, of The Corporation of the Town of Fort Erie hereby certify the foregoing to be a true certified copy of By-law No. 2-13 of the said Town. Given under my hand and the seal of the said Corporation this day of , 201 .

______

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 86 of 115 F The Municipal Corporation of the - Town of Fort Erie BY-LAW NO. 3-13

I BEING A BY-LAW TO ADOPT THE 2013 WATER AND WASTE WATER BUDGET AND TO ADOPT RATES AND FEES FOR THE YEAR 2013 AND TO AMEND BY-LAW NO. 240-96

WHEREAS By-law No. 240-96 being a by-law “To Regulate the Management of a System of Water Works in the Town of Fort Erie” establishes rates, fees and charges for water and wastewater services and procedures for billing and collection, and

WhEREAS under By-law Nos. 106-2012 and 107-2012 passed on November 15, 2012, the Regional Municipality of Niagara set the treatment rates for water and wastewater supplied to lower-tier municipalities for the period January 1, 2013 to December 31. 2013, and

WHEREAS at the Budget-in-Committee meeting of November 7, 2012 Report No. CBC-01-13 — 2013 Water and Wastewater Operating Budget was received and the following recommendation approved:

ThAT: the 2013 Water & Wastewater Operating [3udget attached as Appendix ‘A” be approved, and further

TI-IAT: the 2013 Water and Wastewater Base and Consumption rates be increased, subject to Regional Council approval of forecasted treatment rates, effuctive with billing for January 2013 consumption as follows:

2013 2012 2013 2012 2013 2012 Water Water Waste water Waste water Combined Combined Rate Rate Rate Rate Rate Rate Base Rate $24.27 $24.15 $40.87 $39.22 $65.14 $63.37 Consumption Rate $1095 $1070 S1.204 S1.137 52.299 52.207

THAT: the 2013 Water & Wastewater Operating Budget exclude the capital asset amortization of$1,263,146, and further

THAT: the 2013 Water & Wastewater Operating Budget and Rates 13y-la be directed to Council for approval on January 14, 2013, and

WHEREAS at the Budget-in-Committee meeting of January 9, 2013 Report No. CI3C-05-13 for the 2013 Water and Wastewater Operating Budget was received and the following recommendatioi approved:

THAT: the Appendix “A” to the 2013 Water & Wastewater Operating Budget approved under Report No. CBC 01-13 on November 7, 2012 be and it is hereby rescinded, and further

THAT: the revised 20 13 Water & Wastewater Operating l3udget attached hereto as Appendix “I” be approved. and further

THAT: the 20 13 Water & Wastewater Operating Budget and Rates By-law be directed to Council for approval on Januar\ 21. 2013. and

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 87 of 115 By-law No. 3-13 Page Two

WHEREAS in accordance with Public Notice Policy By-law No. 206-07 public notice was given at 1h t1i, the Budget-in-Committee meeting of November 7 2012, published in the Times on December 15 2012, and posted on the Town’s website on December 18111 2012 and appeared on the Council-in 14111 Committee Agenda of January , 2013;

NOW THEREFORE the Municipal Council of The Corporation of the Town of Fort Erie hereby enacts as follows:

1. THAT the 2013 Water and Wastewater Budget for the Town of Fort Erie as set out in Schedule “A” annexed hereto and forming part of this by-law is hereby authorized and approved.

2. THAT Schedule “A” to By-law No. 240-96, as amended, is repealed and Schedule “B” annexed hereto and forming part of this by-law is substituted therefore.

3. THAT the rates established herein shall remain in effect until repealed or superceded by another by-law.

4. ThAT where any by-laws or amendments have been repealed with respect to the payment of rates or fees, same are hereby recognized to be in force and effect at that time and to continue in effect for collection purposes.

5. THAT pursuant to the provisions of Section 23.1 to 23.5 inclusive of the Municia1 Act, 2001, as amended, the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections solely of an administrative, numerical, grammatical, sernantical or descriptive nature or kind to this by-law or its schedules as such may be determined to be necessary afier the passage of this by-law.

READ A FIRST, SECOND AND A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JANUARY, 2013.

MAYOR

CLERK

I, the Clerk, Carolyn J. Kett, of The Corporation of the Town of Fort Erie hereby certify the foregoing to be a true certified copy of By-law No. 3-13 of the said Town. Given under my hand and the seal of the said Corporation this day of , 20

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 88 of 115 REGULAR MEETING OFCOUNCIL -21JAN 2013 SCHEDULE “A” TO BY-LAW NO. 3-13

Run Date: 12/31/12 10:34 AM CORPORATION OF THE TOWN OF FORT ERIE 2013 BUDGET REPORT

2012 2012 2013 2014 2015 2016 2017 2018 YTD Actuals Approved Budget Budget Forecast Forecast Forecast Forecast Forecast

Revenue

Water/wastewater billings (14,489,355) (15,878,110) 16.387.680) (16,644,895) (17,021419) (1 7,370,081) (17,714,829) (18,102,502) Local Improvement Charges (210,688) (211,000) (211,000) (211,000) (211,000) (195,400) (195,400) (146,900) Interest & Penalties (50,606) (54,000) (54.000) (54,000) (54,000) (54,000) (54,000) (54,000) User Fees (103,185) (64,212) (40.429 (40,578) (40,730) (40,730) (40,807) (40,807) Total Revenue (14,853,834) (16,207,322> (1 6,693.1 09 (16,950,473) (17,327,149) (17,660,211) (18,005,036) (18,344,209) Expenses

Wages & Benefits 1,541,889 1,718,160 1,730.178 1,760,494 1,786,898 1,822,642 1,859,095 1,896,281 Regional Treatment Costs 8,444,368 9,232,487 9,770,711 9,751,279 9,995,811 10,246,456 10,503,367 10,766,701 Materials & Services 392,726 882,966 925,096 829,419 849,038 866,978 888,234 987,012 Debt Interest Charges 150,850 318,159 267,928 231,985 202,415 175,590 148,119 120,196 Total Expenses 10,529,833 12,151,772 12.693.913 12,573,177 12,834,162 13,111,666 13,398,815 13,770,190

NET BEFORE FINANCING AND TRANSFERS 4,324,001 4,055,550 3,999.196 4,377,296 4,492,987 4,548,545 4,606,221 4,574,019

FINANCING & TRANSFERS Interdepartmental transfers

Fleet Related Charges 270,619 326,195 336,510 342,863 348,994 354,781 360,557 366,531 Program Support Charges 760,453 760,453 752.707 773,618 794,249 808,601 823,229 838,578 Total Interdepartmental transfers 1,031,072 1,086,648 1089.217 1,116,481 1,143,243 1,163,382 1,183,786 1,205,109 Debt principal (advancesrepayments Page 89 of115 Repayment of Debt 910,753 910,752 918,641 813,345 665,851 604,361 623,637 258807 Total Debt principal (advances)!repayments 910,753 910,752 918.641 813,345 665,851 604,361 623,637 258,807 Reserve and Capital Fund Transfers

Transfers from reserves 0 (220,000) (330.000) (80,000) (20,000) (10,000) 0 0

Water & Wastewater REGULAR MEETING OFCOUNCIL -21JAN 2013

Run Date: 12/31/12 10:34 AM CORPORATION OF THE TOWN OF FORT ERIE 2013 BUDGET REPORT

2012 2012 2013 2014 2015 2016 2017 2018 YTD Actuals Approved Budget Budget Forecast Forecast Forecast Forecast Forecast

Transfers to reserves 2,583,600 2,583,600 2,743,600 2,877,600 3,046,600 3,126,600 3,126,600 3,510,600 Transfers Development Chgs Reserve (85,480) (305,450) (422,262) (350,130) (342,707) (335,798) (327,802) (400,497) Total Reserve and Capital Fund Transfers 2,498,120 2.058,150 1.991,338 2,447,470 2,683,893 2,780,802 2,798,798 3,110,103 NET FINANCING & TRANSFERS 4,439,945 4.055,550 3,999,196 4,377,296 4,492,987 4,548,545 4,606,221 4,574,019

(SURPLUS)/DEFICIT CARRYFORWARD

Water surplus (23,222) 0 0 0 0 0 0 0 Total (SURPLUS)IDEFICIT CARRYFORWARD (23,222) 0 0 0 0 0 0 0 DEPARTMENT NET REVENUE /( EXPENDITURE) (92,722) 0 0 0 0 0 0 0

Reconciliation to Accrual Basis Reserve and Capital Fund Transfers Transfers from reserves 0 (220,000) (330,000) (80,000) (20,000) (10,000) 0 0 Transfers to reserves 2,583,600 2,583,600 2,743,600 2,877,600 3,046,600 3,126,600 3,126,600 3,510,600 Transfers Development Chgs Reserve (85,480) (305,450) (422,262) (350,130) (342,707) (335,798) (327,802) (400,497) Total Reserve and Capital Fund Transfers 2,498,120 2,058,150 1,991,338 2,447,470 2.683,893 2,780,802 2,798,798 3,110,103 Debt principal (advances)/repayments Repayment of Debt 910,753 910,752 918,641 813,345 665,851 604,361 623,637 258,807 Total Debt principal (advances)/repayments 910,753 910,752 918,641 813,345 665,851 604,361 623,637 258,807 Amortization Amortization (1,297,987) (1,127,500) (1,263,146) (1,263,146) (1,263,146) (1,263,146) (1,263,146) (1263,146) Total Amortization (1,297,987) (1,127,500) (1,263,146) (1,263,146) (1,263,146) (1,263,146) (1,263,146) (1,263,146) Page 90 of115 ACCRUAL BASIS SURPLUS/(DEFICIT) 2,018,164 1,841,402 1,646,833 1,997,669 2,086,598 2,122,017 2,159,289 2,105,764

Water & Wastewater ______

SCHEDULE “B” TO BY-LAW NO. 3-13

WATER AND WASTEWATER RATES SCHEDULE “A” TO BY-LAW NO. 240-96

1. WATER AND WASTEWATER RATES FOR 2013 1.1 RATES SCHEDULE

The following rates shall apply to all water and wastewater bills issued after February 1st, 2013.

Metered Consumption Rate Per Cubic Metre ($) (I Cubic Metre equals 1000 liters) Water 1.095

Wastewater 1.204 Total 2.299 Water Only Commercial Users 1.145 Per 1000 Gallons (I Cubic Metre equals 220 gallons) Water 4.977 Wastewater 5.473 Total 10.450

Flat Rates Per Month (Base Rate plus Consumption Rate Estimate for a less than25 mm meter) Water 62.18 Wastewater 91.52 Total 153.70

Wastewater Only 63.56

[‘1onthly Base Rates Per Meter Size

Meter Size Meter Water Wastewater Combined (mm) (Inches) Size ($) ($) ($) Factor Base Meter Rate 24.27 40.87 65.14 Less than 25mm 1 24.27 40.87 65.14

25 1 1.4 33.98 57.22 91.20 38 1.5 1.8 43.69 73.57 117.26 50 2 2.9 70.38 118.52 188.90 75 3 11 266.97 449.57 716.54 100 4 14 339.78 572.18 911.96 150 6 21 509.67 858.27 1,367.94 200 8 29 703.83 1,185.23 1,889.06 250 10 40 970.80 1,634.80 2,605.60

£For clarfi cation; the first bill utilizing the 2013 rates will be issued Februaiy 15th, 2013 and will include the Januaiy 2013 consumption and base period. The due date of the bill will be March 5th, 2013.)

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 91 of 115 Page Two

1.2 The base rate set out in Section (1.1) above, applies to all buildings in a serviced area provided with a water service connection, or a wastewater service connection, or both.

1.3 The monthly water and wastewater flat rates for 25 mm or greater meter sizes shall be calculated oii the basis of the applicable meter rate plus the estimated monthly usage established by engineering study.

1.4 A monthly rate shall be applied in accordance with Section (1.1) herein, and collected from customers connected to the wastewater collection system but not connected to the water system.

1.5 The monthly wastewater flat rate for customers piovided with wastewater services only shall include the minimum base rate for wastewater as set out in Section (1.1) herein.

1.6 The minimum monthly billing for water or waste water or both shall be the base rate according to meter size.

1.7 Notwithstanding any other provisions of this by-law, where a single meter is installed for the servicing of a multi-unit complex, the monthly water and wastewater base rate shall be the base rate for a meter size less than 25 mm multiplied by the number of units in the complex or such other base rate established in any development agreement entered into between the Town and the property owner.

2. CONSTRUCTION, RENOVATION. COMMERCIAL OR OTHER USE OF UNMETERED WATER

2.1 Except as approved by separate agreement, where water is obtained from the Corporation for building construction or renovation purposes. prior to water meter installation, the charges shall be calculated as follows:

A one-time initial flat rate fee of: $114.00 Up to 3,000 square feet of gross floor area $170.00 3,000 to 6,000 square feet gross floor area $226.00 6,000 square feet and over

to be paid upon the issuance of the building permit or a conditional building pennit. This fee covers the cost of water used during new construction or renovation for a maximum period of 90 days after which time a monthly flat rate fee for water and wastewater as established by the Engineer, or his designate, shall apply until the meter is installed. The 90-day period may be extended with cause, in writing, by the Engineer or designate on the payment of a pro-rated fee based on the initial flat rate fee.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 92 of 115 Page Three

2.2 Other Unmetered Usage

Except as approved by separate agreement, where unmetered water is obtained from the Corporation for commercial or social usages and where such water is provided unmetered, the Engineer or his designate shall approve the manner in which the water is obtained and discharged and shall calculate the appropriate fees, both base rates and consumption rates, to be applied, based on estimated water usage, and estimated return of water to the wastewater collection system, the applicable water and wastewater rates and the duration of time services will be supplied. The calculated fees shall be paid upon the issuance of permission to obtain water.

2.3 Water Returned to the Wastewater Collection System

Except as authorized by the Engineer or designate, only water originating from the water works system may be returned to the wastewater collection system. Storm, surface and ground waters shall be directed to the appropriate storm water drainage system.

3. WASTE WATER SERVICE RATES

3.1 Metered Non-Domestic Wastewater Users

Metered non-domestic wastewater users shall be charged a usage rate and a monthly base rate and as set out below in sub-paragraphs a) and b) respectively:

a) Usage Rate

A usage rate per metered volume of wastewater discharged to the wastewater collection

system as per sub-section 1.1

b) Base Rates

(i) Water and Wastewater Non-domestic Customers Non-domestic customers receiving both metered water and metered wastewater services shall pay a monthly single wastewater base rate based on the water meter size as set out in sub-section 1.1 (ii) Non-domestic Wastewatcr Oniy Customers Non-domestic customers receiving metered wastewater services only shall pay a monthly wastewater base rate calculated, by the Engineer or his designate, based on the equivalent water meter size for the peak rate of wastewater discharge.

4. PENALTY

4.1 Thc water and wastcwater rates set out in Section (1.1) and not paid in full on or before the due date will be charged a penalty of one and one half percent (1.5%). If a water and/or wastewater account is partially paid, payment of the penalty is required on the unpaid portion.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 93 of 115 Page Four

4.2 Senior citizens upon proof of age of sixty-five will not be charged a penalty on the water and wastewater rates for their primary residence.

5. METER BILLING CALCULATION - FIRST TIME CUSTOMER

5.1 Where a customer paying for water and wastewater services on a meter rate basis is first added to the municipal metered billing system, the first metered bill shall be issued on the next regularly scheduled billing date following the date of installation to the date on which the meter was read.

6. NON SUFFICIENT FUND (NSF) CHARGES

6.1 NSF payments shall result in a fee of $30.00 exclusive of any applicable taxes. Two NSF payments made within a one (1) year period shall result in the suspension of cheque writing privileges to the Town of Fort Erie for a period of one year from the date of the last NSF payment.

7. MISCELLANEOUS SERVICE FEES

All fees and charges are exclusive of any taxes

7.1 Issue of a duplicate/second copy of a bill for an account $ 5.31

7.2 Reminder or Final/Disconnect Notice for overdue account $ 5.31

7.3 Hard copy of water account history for property owner $ 10.62

7.4 New account/transfer account $ 42.47

7.5 Water Service turn on during normal business hours $ 86.00 - after business hours $ 152.89 (Water Service turn on fees do not apply to fIrst time connections)

7.6 Water Service turn off during normal business hours $ 86.00 - after business hours $ 152.89

7.7 Water Service turn off resulting from an illegal turn on $ 173.00

7.8 Request confirmation of meter read $ 50.90 Note: A one-time meter read at no charge will be permitted per customer. If a meter read has already occurred in response to an estimate, it will act as the one-time exemption.

7.9 Missed appointment with meter technician $ 50.90

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 94 of 115 Page Five

7.10 Installation by a private contractor

New Water Service Connection Inspection and Permit Issue $ 159.00

New Wastewater Service Connection Inspection and Permit Issue $ 159.00

New Storm Water Service Connection Inspection and Permit Issue $ 159.00

7.11 Owner requested meter test $ 419.00 (Refundable i/meter determined to befiiuliy,)

7.12 Water Meter including Ground Strap & Remote Reader:

3/41? 5/8” x T-10 R-900i E-coder $ 381.00 3/4” Tl0 R-900i E-coder $ 490.00 1” T10 R-900i E-coder $ 599.00

1 1/2” TlO R-900i E-coder $ 950.00 2” T-10 R-900i E-coder $1,137.00 3” or larger cost + overhead Water Meter Parts Replacement cost + overhead Meter Pit for 5/8” x 3/4” T-10 R-900i E-coder-supply $ 762.00 Note: Supply costs for pits for other sizes will be provided as required Note: “Supply only” rate is subject to the approval by the Manager, Water and Wastewater Services Meter Pit - install $ 836.00 $1,598.00

7.13 Private fire hydrant annual inspection $ 132.00

7.14 New service tap $ 157.00

7.15 Watermain Connection - Initial Deposit: Residential Streets* $2,225.00 Three or Four Lane Roads* $3,841.00 (Actual costs incurred by the Town in excess of the initial deposit will be invoiced on a time and material basis) *Rock excavation at actual additional cost

7.16 Storm Water/Wastewater Connection — Initial Deposit: Residential Streets* $2,296.00 Three or Four Lane Roads* $3,995.00 (Actual costs incurred by the Town in excess of the initial deposit will be invoiced on a time and materials basis.) *Rock excavation at actual additional cost

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 95 of 115 Page Six

8. INDEXING OF SERVICE FEES

8.1 The service fees set out in Section 7 hereto shall be adjusted without amendment to this By-law annually for all billings issued afler February 1st in each year, commencing September lS, 2004 in accordance with the Statistics Canada Quarterly, Construction Price Statistics (Catalogue No. 62-007) based on the third quarter for the previous year.

9. FAILURE TO RECEIVE BILL

9.1 Failure to receive a bill for services rendered does not preclude payment.

10. WATER] WASTE WATER RATE STRUCTURE

10.1 Water and wastewater rates established herein shall be adjusted without by-law amendment to this schedule, to reflect changes in rates charged by the Regional Municipality of Niagara for water and wastewater treatment as charges become effective.

10.2 Water and wastewater rates shall be adjusted annually to reflect Council approved water and wastewater budgets.

10.3 Water rates shall include a consumption rate that recovers the costs of Regional water supply, as well as a portion of the water and wastewater utility operating costs.

10.4 Water rates shall include a base rate that recovers all other costs related to water not recovered through the consumption rate and other miscellaneous water revenues as detailed in the annual water budget approved by Council.

10.5 Wastewater rates shall include a consumption rate that recovers the cost of wastewater services, maintenance and all costs of Regional treatment.

10.6 Wastewater rates shall include a base rate that recovers all other costs related to wastewater services not recovered through the wastewater consumption rate and other miscellaneous wastewater revenues as detailed in the annual wastewater budget approved by Council, including wastewater system operations, extraneous flow and capital programs.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 96 of 115 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 4-13 ______BEING A BY-LAW TO AMEND BY-LAW NO. 40-09, AS AMENDED, BEING A BY-LAW TO ESTABLISH FEES AND CHARGES FOR VARIOUS SERVICES PROVIDED BY THE TOWN OF FORT ERIE (BUILDING PERMIT & PLUMBING FEES)

WHEREAS By-law No. 40-09, as amended, was passed by the Municipal Council of the Town of Fort Erie on March 9, 2009, to establish fees and charges for various services provided by the Town of Fort Erie, and

WHEREAS at the Council-in-Budget Committee Meeting of November 7, 2012 Report No. CBC- 02-13 was approved to authorize the adjustment of building permit and plumbing fees following the Public Meeting on January 14, 2013 in accordance with the Building Code Act, and the addition of a “Watermain Commissioning of Site Servicing” fee, and

WHEREAS pursuant to Section 7 of the Building Code Act, notice of a public meeting with respect to the proposed increase in building permit fees was published in the Fort Erie Times on December 1st and 8th, 2012, and

WHEREAS a public meeting was held on January 14, 2013, and no objections were received or presented to Council, and

NOW THEREFORE the Municipal Council of the Town of Fort Erie hereby enacts as follows:

1. THAT the following Schedules to By-law No. 40-09 as amended, are repealed:

Community & Development Services

Schedule “CDS-A” Building Permit Fees & Charges Schedule “CDS-D” Plumbing Fees

and replaced with the Schedules attached hereto as Schedule “A”, and the fees and charges contained therein are hereby established, authorized and approved effective February 1, 2013.

2. THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act, 2001, as amended, the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections solely of an administrative, numerical, grammatical, semantical or descriptive nature or kind to this by-law or its schedules as such may be determined to be necessary after the passage of this by-law.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JANUARY, 2013.

______MAYOR

______CLERK I, Carolyn J. Kett, the Clerk, of The Corporation of the Town of Fort Erie hereby certifies the foregoing to be a true certified copy of By-law No. 4-13 of the said Town. Given under my hand and the seal of the said Corporation this day of , 20 .

______

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 97 of 115 Schedule “A” to By-law No. 4-13 (effective February 1, 2013) Page 1 SCHEDULE “CDS-A”

to By-law 40-09

COMMUNITY & DEVELOPMENT SERVICES

Building Permit Fees & Charges

The Building Code Act, S.O. 1992, c.23, as amended, provides municipalities with authority to establish and impose fees and charges.

Building Classifications and Fee Charges Building Permit Fees Cost Flat Rate (per square foot)

Group A Assembly Occupancy School, church, restaurant, daycare, hall, transit, recreation facility $1.22 Owner/Leasehold renovation $0.82

Group B Institutional Occupancy Hospital, retention facility, nursing home, etc. $1.38 Owner/Leasehold renovation $0.93

Group C Residential Occupancy One family, semi-detached, multiple unit dwelling, hotel, motel, etc. $0.98

Group D Business/Personal Services Occupancy Office, bank, medical office, etc. $1.16 Owner/Leasehold renovation $0.78

Group E Mercantile Occupancy Store, shopping mall, plaza, shop, market, retail, etc. $0.95 Owner/Leasehold renovation $0.63

Group F Industrial Occupancy Industrial mall, shop, etc. $0.83 Industrial building with no partitions $0.63 Owner/Leasehold renovation $0.63

Special Categories/Occupancy Farm building, greenhouse $0.18 Air supported structure $0.18 Tent, temporary fabric structure $135.00 Multiple tents, same property $269.00

Miscellaneous Residential Garage, carport, covered deck/porch $113.00 Uncovered deck/porch, shed/accessory building $105.00 Sunroom/solarium $0.77

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 98 of 115 Schedule “A” to By-law No. 4-13 (effective February 1, 2013) Page 2

Schedule “CDS-A” Page 2

Alteration - Group C Residential Unfinished basement (new foundation and crawl space) $0.40 Roof structure (replace roof or add new roof) $0.18 Gut renovation $0.83 Interior alteration $0.49 Finished basement $0.64 Fireplace, woodstove $105.00

Demolition

Building less than 3,000 sq.ft. $105.00 Other demolition $0.06

Pool Public pool $315.00 Inground pool $131.00 Above ground pool $105.00

Change of Use Change of use of a building or part thereof where no construction $116.00 required.

Occupancy Authorize occupancy of an unfinished building or part thereof $178.00

Transfer Transfer of permit to new owner $105.00

Designated Structure Retaining wall, pedestrian bridge, crane, runway (per $1000 value or $ 1.68 minimum fee) Communication tower $292.00 Other designated structure $113.00

Special Request Preliminary site inspection prior to application $179.00 Non-routine inspections after hours $179.00

Miscellaneous Permit Moving (Relocation of Building) $105.00 Sign (OBC requirements) $0.87 Gasoline/Oil Storage Tank/Fuel Pump $105.00

Minimum permit fee $105.00 Reinspection when previous inspection not remedied $ 67.00 Compliance Letter (not associated with a permit) (per property) $ 67.00 Revision or amendment to a permit (cost per hour) $ 44/hr

Demolition and Build Agreement (includes registration fee) $735.00

Conditional Building Permit Agreement (includes registration fee) $735.00

Spatial Separation Agreement (includes registration fee) $526.00 REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 99 of 115 Schedule “A” to By-law No. 4-13 (effective February 1, 2013) Page 3 SCHEDULE “CDS-D”

to By-law 40-09

COMMUNITY & DEVELOPMENT SERVICES

PLUMBING FEES

The Building Code Act, S.O. 1992, c.23, as amended, provides municipalities with authority to establish and impose fees and charges.

Plumbing, Drain & Sewer Permit i. Single Family Dwelling Flat rate $79.00 plus applicable fees for storm building sewer, sanitary building sewer and waterline. ii. Semi-Detached, Row House or other Flat rate $79.00 per unit plus applicable fees for storm multiple residential where each building sewer, sanitary building sewer and waterline. individual unit has its own separate service. iii. Multiple Dwelling and Apartment, Flat rate $52.00 per unit plus applicable fees for storm Motel and any other residential unit building sewer, sanitary building sewer, waterline and which is served by a single service. internal storm leader. iv. Commercial, Industrial, Government, $105.00 fee plus additional $6.00 per fixture plus Institutional and any other building or applicable fees for storm building sewer, sanitary structure not specifically provided for building sewer, waterline, internal rainwater leader. above.

Permit Fee for New: Storm building sewer $43.00 Sanitary building sewer $43.00 Waterline/Service $43.00 Internal Rain Water Leader $21.00 Manhole or Catch Basin $21.00

Private surface water collection system for Flat rate $43.00 plus applicable manhole and catch parking area or surrounding grounds. basin fee. Permit fee for alteration, relocation or $43.00 plus applicable fee for storm building sewer, extension of existing plumbing. sanitary building sewer, waterline. Re-inspection fee due to faulty or defective $43.00 for each call back. work or due to work not being ready for inspection.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 100 of 115 Schedule “A” to By-law No. 4-13 (effective February 1, 2013) Page 4

Schedule “CDS-D” Page 2

The following fees shall be adjusted annually based on the Statistics Canada, Consumer Price Index (CPI).

Fees for Connection to Watermain, Sanitary Sewer or Storm Sewer

a) Road Trench Cut Final Reinstatement Fees per Metre of Road Trench Cut – Applicable to all connection permits

Table 1 Single Lot Two Lots Side by Side Road Surface Single Service Double Service Two Double Service Trench Surface Treated $ 19.00 $ 38.00 $ 66.00 Cold Mix Asphalt $ 19.00 $ 38.00 $ 66.00 (Seal with Surface Treatment) Hot Mix Asphalt $105.00 $181.00 $297.00

Typical Example: Fee to reinstate trench cut from installation of watermain and sanitary sewer connections across a 6.5m wide asphalt road: 6.5m x $181.00/m = $1,176.50

b) Watermain Commissioning of Site Servicing for Extensions/Replacements

Up to 200 metres long $500.00 (flat rate) Greater than 200 metres Flat Rate as above for first 200 metres Plus $1.88 per metre thereafter

Example: 300 metres in length would be charged $500.00 flat rate for first 200 metres plus $1.88 per metre for additional 100 metres ($500.00 + $188.00 = $688.00)

The following fees shall not be adjusted annually:

c) Connection to Regional Watermain or Sanitary Sewer

Permit fee payable to the Town prior to permit approval. The Town administers these applications on behalf of the property owner/builder/contractor.

Connection to Regional Watermain Fee $750.00

Connection to Regional Sanitary Sewer Fee $500.00

d) Water, Sanitary Sewer and Storm Sewer Service Connection Asphalt Cut of New Pavements

Roads with new Asphalt Overlay (within 5 years) $ 570.00

Newly Reconstructed Roads (within 5 years) $1,140.00

Fees set out in Sections a), b), c) and d) above shall be paid prior to permit approval.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 101 of 115 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 5-13 ______BEING A BY-LAW TO APPOINT AN ACCOUNT HOLDER REPRESENTATIVE TO EXECUTE AN ELECTRONIC LAND REGISTRATION AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, AS REPRESENTED BY THE DIRECTOR OF LAND REGISTRATION, AND TO DELEGATE AUTHORITY FOR EXECUTION OF DOCUMENTS TO EFFECT REGISTRATION OF DOCUMENTS IN THE LAND REGISTRATION SYSTEM

WHEREAS By-law No. 196-07 establishes a Delegation of Powers and Duties Policy for the Town of Fort Erie, and

WHEREAS By-law No. 27-08 was passed by the Municipal Council of the Town of Fort Erie on March 10, 2008 to appoint the Town Solicitor as the Account Holder Representative for the purpose of entering into, executing and administering an Electronic Land Registration Agreement, and to delegate authority related to various functions, and

WHEREAS it is deemed desirable to repeal By-law 27-08 and appoint the Town’s Law Clerk as the Account Holder Representative;

NOW THEREFORE the Municipal Council of the Town of Fort Erie hereby enacts as follows:

1. THAT the Law Clerk is hereby appointed Account Holder Representative for the Town of Fort Erie for the purpose of entering into, executing and administering an Electronic Land Registration Agreement with Her Majesty the Queen in Right of Ontario, as represented by The Director of Land Registration.

2. THAT authority to execute all documentation required to effect registration in the Land Registration System of by-laws and other documents which have been authorized by Council, be delegated to the Law Clerk, and in her absence, the Town Clerk.

3. THAT the Law Clerk is hereby authorized to continue her Personal Security Licence with Teranet Inc.

4. THAT By-law No. 27-08 is hereby repealed.

5. THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act, 2001, as amended, the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections solely of an administrative, numerical, grammatical, semantical or descriptive nature or kind to this by-law or its schedules as such may be determined to be necessary after the passage of this by-law.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JANUARY, 2013. ______MAYOR

______CLERK I, Carolyn J. Kett, the Clerk, of The Corporation of the Town of Fort Erie hereby certifies the foregoing to be a true certified copy of By-law No. 5-13 of the said Town. Given under my hand and the seal of the said Corporation this day of , 20 . ______REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 102 of 115 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 6-13 ______BEING A BY-LAW TO AUTHORIZE THE ENTRY INTO AN AMENDMENT AND EXTENSION AGREEMENT WITH ROGERS COMMUNICATIONS INC. (TELECOMMUNICATIONS TOWER AT CRYSTAL RIDGE COMMUNITY CENTRE)

WHEREAS By-law No. 5-08 was passed by the Municipal Council of the Town of Fort Erie on January 21, 2008 to authorize the entry into an Agreement with Rogers Communications Inc. to construct, install, operate, maintain and repair a cell phone tower at Crystal Ridge Community Centre, for an initial term of five (5) years with three (3) additional five (5) year extension periods, with the fee for each extension period being set at market rate, and

WHEREAS at the Council-in-Committee meeting held on January 14, 2013, the Municipal Council of the Town of Fort Erie approved Report No. CS-01-13 authorizing the entry into an Amendment and Extension Agreement with Rogers Communications Inc. to extend the Agreement for a further five (5) years, and provide for a further extension period to 2033 with all fees for the extension periods being set at fifteen per cent (15%), and

WHEREAS it is deemed desirable to enter into an Amendment and Extension Agreement with Rogers Communications Inc.;

NOW THEREFORE the Municipal Council of the Town of Fort Erie hereby enacts as follows:

1. THAT the entry into an Amendment and Extension Agreement with Rogers Communications Inc. to extend the Agreement for a further five (5) years, and provide for a further extension period to 2033 with all fees for the extension periods being set at fifteen per cent (15%), is hereby authorized and approved.

2. THAT the Mayor and Clerk are hereby authorized to execute the said Amendment and Extension Agreement and affix the corporate seal thereto.

3. THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act, 2001, as amended, the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections solely of an administrative, numerical, grammatical, semantical or descriptive nature or kind to this by-law or its schedules as such may be determined to be necessary after the passage of this by-law.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21th DAY OF JANUARY, 2013.

______MAYOR

______CLERK I, Carolyn J. Kett, the Clerk, of The Corporation of the Town of Fort Erie hereby certifies the foregoing to be a true certified copy of By-law No. 6-13 of the said Town. Given under my hand and the seal of the said Corporation this day of , 20 .

______REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 103 of 115 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 7-13 ______BEING A BY-LAW TO AUTHORIZE THE ENTRY INTO A MUTUAL ASSISTANCE AGREEMENT WITH PARTICIPATING AREA MUNICIPALITIES AND THE REGIONAL MUNICIPALITY OF NIAGARA FOR THE PROVISION OF NECESSARY SERVICES DURING AN EMERGENCY

WHEREAS the Emergency Management and Civil Protection Act, R.S.O. 1990 c.E.9 (the “Act”), amends the provisions of the former Emergency Management Act and requires that every municipality shall develop and implement an emergency management program and formulate an emergency plan governing the provision of necessary services during an emergency and the procedures under and the manner in which employees of the municipality and other persons will respond to the emergency, and the council of the municipality shall by by-law adopt the emergency management program and emergency plan, and

WHEREAS the Municipal Council of the Town of Fort Erie passed By-law No. 220-04 to adopt an emergency management program and emergency response plan, and

WHEREAS the Act further provides that the Council of a municipality may make an agreement with the Council of any other municipality or with any person for the provision of any personnel, service, equipment or material during an emergency, and

WHEREAS at the Council-in-Committee meeting held on January 14, 2013, Report No. CDS- 09-13 was approved, authorizing the entry into a Mutual Assistance Agreement with The Regional Municipality of Niagara and participating area municipalities for the provision of any personnel, service, equipment or material during an emergency, and

WHEREAS it is deemed desirable to enter into a Mutual Assistance Agreement with The Regional Municipality and participating area municipalities;

NOW THEREFORE the Municipal Council of the Town of Fort Erie hereby enacts as follows:

1. THAT the entry into a Mutual Assistance Agreement with The Regional Municipality of Niagara and participating area municipalities for the provision of any personnel, service, equipment or material during an emergency, is hereby authorized and approved.

2. THAT the Mayor and Clerk are hereby authorized and directed to execute the Mutual Assistance Agreement and to affix the corporate seal thereto.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 104 of 115 By-law No. 7-13 Page 2

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JANUARY, 2013.

______MAYOR

______CLERK

I, Carolyn J. Kett, the Clerk, of The Corporation of the Town of Fort Erie hereby certifies the foregoing to be a true certified copy of By-law No. 7-13 of the said Town. Given under my hand and the seal of the said Corporation, this day of , 20

______

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 105 of 115 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 8-12 ______BEING A BY-LAW TO AUTHORIZE THE ENTRY INTO AN AGREEMENT WITH THE CITY OF ST. CATHARINES FOR FIRE DISPATCH SERVICES

WHEREAS By-law No. 17-2003 was passed by the Municipal Council of the Town of Fort Erie on the 27th day of January, 1998 authorizing the entry into an agreement with the City of St. Catharines for fire dispatch services for the Fort Erie Fire Department for the period ending December 31, 2004, and

WHEREAS the agreement has been amended annually to extend the term of the agreement and to adjust the annual rate, and

WHEREAS the existing agreement expired on December 31, 2012, and

WHEREAS the City of St. Catharines has proposed a revised agreement which standardizes the payments to be made by each municipality implementing funding formulas, and provides for an initial three (3) year term with an option to renew for a further four (4) year term concluding on December 31, 2019, and

WHEREAS at the Council-in-Committee meeting held on January 14th, 2013, Report No. CDS-11- 13 was approved authorizing the entry into an Agreement with the City of St. Catharines for fire dispatch services for the Fort Erie Fire Department, and

WHEREAS it is deemed desirable to enter into a new Agreement with the City of St. Catharines for fire dispatch services for the Fort Erie Fire Department;

NOW THEREFORE the Municipal Council of The Corporation of the Town of Fort Erie hereby enacts as follows:

1. THAT the entry into an Agreement with the City of St. Catharines for fire dispatch services for the Fort Erie Fire Department, is hereby authorized and approved.

2. THAT the Mayor and Clerk are hereby authorized and directed to execute the Agreement with the City of St. Catharines for fire dispatch services for the Fort Erie Fire Department, and to affix the corporate seal thereto.

3. THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act, 2001, as amended, the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections solely of an administrative, numerical, grammatical, semantical or descriptive nature or kind to the by-law or its schedules as such may be determined to be necessary after the passage of this by-law.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JANUARY, 2013.

______MAYOR

______CLERK I, Carolyn J. Kett, the Clerk, of The Corporation of the Town of Fort Erie hereby certifies the foregoing to be a true certified copy of By-law No. 8-12 of the said Town. Given under my hand and the seal of the said Corporation this day of , 201 . REGULAR MEETING OF COUNCIL - 21 JAN 2013 ______Page 106 of 115 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 9-13 ______BEING A BY-LAW TO ASSUME SECONDARY SERVICES AND HIGHWAY IN THE NORTH RIDGE MEADOWS SUBDIVISION PHASE 2 – STAGE 1 (PLAN 59M-313)

WHEREAS By-law No. 153-03 authorized the Mayor and Clerk to execute the Subdivision Agreement for the North Ridge Meadows Subdivision – Phase 2, Stage 1 and 2, and

WHEREAS Section 10.8 of the Subdivision Agreement provides that municipal services shall be assumed by the Town in two stages, namely, by Council first passing an Assumption By-law for Primary Services after the Director of Infrastructure Services approves the Certificate of Final Acceptance for Primary Services, and secondly, an Assumption By-law for Secondary Services after the Director of Infrastructure Services approves the Certificate of Final Acceptance for Secondary Services, and

WHEREAS pursuant to the Subdivision Agreement, Secondary Services includes all finished streets and roadways as constructed by the Developer for the Plan of Subdivision, and

WHEREAS the Director of Infrastructure Services has approved the Certificate of Final Acceptance for Secondary Services for Phase 2 – Stage 1 of the Plan of Subdivision, and

WHEREAS it is deemed desirable to assume the Secondary Services installed pursuant to the Subdivision Agreement, including the highway within Phase 2 – Stage 1 of the Plan of Subdivision;

NOW THEREFORE the Municipal Council of the Town of Fort Erie hereby enacts as follows:

1. THAT the following Secondary Services identified on the approved servicing plans for Stage 1 of the North Ridge Meadows Phase 2 Plan of Subdivision registered as Plan No. 59M-313 are assumed by the Town of Fort Erie, namely:

a) sidewalk on Barrington Court, b) grading and sodding of boulevards on Barrington Court, c) asphalt driveway aprons on Barrington Court, d) storm water management facility (including landscape plantings and chain link fence), and e) finished street and roadway as constructed, namely, Barrington Court,

pursuant to the Certificate of Final Acceptance for Secondary Services dated December 12, 2012, and become the property of the Town of Fort Erie.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 107 of 115 By-Law No. 9-13 Page Two

2. THAT the following parcel of land situated in the Town of Fort Erie is assumed as public highway:

STREET PLAN NUMBER PIN NUMBER Barrington Court 59M-313 64197-0210 (LT)

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF

JANUARY, 2013.

______MAYOR

______CLERK

I, Carolyn J. Kett, the Clerk, of The Corporation of the Town of Fort Erie hereby certifies the foregoing to be a true certified copy of By-law No. 9-13 of the said Town. Given under my hand and the seal of the said Corporation this day of , 20 . ______

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 108 of 115 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 10-13 ______BEING A BY-LAW TO AUTHORIZE THE ENTRY INTO AND EXECUTION OF A CONTRIBUTION AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF VETERANS AFFAIRS UNDER THE CENOTAPH/MONUMENT RESTORATION PROGRAM

WHEREAS the Minister of Veterans Affairs has established a Cenotaph/Monument Restoration Program to assist communities to properly conserve their cenotaphs/monuments which were created to honour Canada’s war dead and Veterans, and

WHEREAS the following resolution was passed by the Municipal Council of the Town of Fort Erie at the Regular Council Meeting held December 12, 2011:

THAT:The Municipal Council of the Town of Fort Erie hereby authorizes staff to submit a funding application under the Veterans Affairs Canada Program for Restoration of Existing Cenotaphs and Monuments to potentially relocate the Mathers Arch cenotaph from Mathers Arch to the end of Veteran's Way and to orient the soldier to face Canada at a minimum cost of $50,000, and further

THAT:In the event the application is successful, matching funds will need to be raised from the community either in the form of cash or in-kind donations, and the intent would be to relocate the cenotaph prior to November 2012, and

WHEREAS at the Council-in-Committee Meeting held January 14, 2013 Report No. CDS-08-13 was accepted and approved to execute the Cenotaph/Monument Restoration Program Partnership Contribution Agreement with Veterans Affairs for the contribution of $25,000 towards the restoration of the Fort Erie Cenotaph;

NOW THEREFORE the Municipal Council of the Town of Fort Erie hereby enacts as follows:

1. THAT the entry into a Contribution Agreement with Her Majesty The Queen in Right of Canada as represented by the Minister of Veterans Affairs under the Cenotaph/Monument Restoration Program to relocate the Mathers Arch cenotaph from Mathers Arch to the end of Veteran’s Way and to orient the soldier to face Canada in the amount of $25,000 is hereby authorized and approved.

2. THAT the Director of Financial Services/Treasurer is hereby authorized and directed to execute the Contribution Agreement and to affix the corporate seal thereto.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21ST DAY OF JANUARY, 2013. ______MAYOR

______CLERK I, Carolyn J. Kett, the Clerk, of The Corporation of the Town of Fort Erie hereby certifies the foregoing to be a true certified copy of By-law No. 10-13 of the said Town. Given under my hand and the seal of the said Corporation, this day of , 201 . ______

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 109 of 115 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 11-13 ______

BEING A BY-LAW TO AMEND ZONING BY-LAW 129-90 ASHTON HOMES (WESTERN) LTD. WEST OF SPEARS ROAD AND NORTH OF GARRISON ROAD (SPEARS ROAD ESTATES) 350309-0348

WHEREAS an application has been received from PLW Consulting (Agent) for Ashton Homes (Western) Ltd. to amend the Town’s Comprehensive Zoning By-law No. 129-90 for the lands described as Part of Lot 1, Concession 4 Bertie being Registered Plan 59R-11100 and Part of Lot 1 Concession 4 Bertie, known municipally as 1094 Garrison Road, Town of Fort Erie, shown on Appendix 1 annexed hereto, and

WHEREAS Public Meetings pursuant to Section 34(12) of the Planning Act R.S.O. 1990, c.P.13 were held on July 9, 2012 and January 14, 2013, and

WHEREAS it is deemed desirable to amend Comprehensive Zoning By-law No. 129-90 pursuant to Report No. CDS-01-13 approved at the Council-in-Committee meeting of January 14, 2013;

NOW THEREFORE the Municipal Council of the Corporation of the Town of Fort Erie hereby enacts as follows:

1. THAT Schedule “A” of By-law No. 129-90 is amended by changing the zoning of the lands as described above and shown on the attached Appendix 1 as follows: Part 1 from “Neighbourhood Development (ND) Zone” to “Residential Multiple 1 RM1 Zone”; Part 2 from “Neighbourhood Development (ND) Zone” and “Residential 2 Holding R2 (H) Zone” to “Open Space Holding OS-478(H) Zone”; Part 3 from “Residential 2 Holding R2 (H) Zone” to “Open Space OS-489 (H) Zone”; Part 4 from “Residential 2 Holding R2 (H) Zone” to “Residential Multiple Holding RM1 (H) Zone”; Part 5 from “Open Space Holding OS-361 (H) Zone” and “Residential 2 Holding R2 (H) Zone” to “Open Space OS-480 (H) Zone” and Part 6 from “Residential 2 Holding R2-360 (H) Zone” to “Residential 2 Holding R2 (H) Zone” .

2. THAT By-law No.129-90 is further amended by adding to “Section 33– Open Space (OS) Zone” Subsection – “Exceptions to the Open Space (OS) Zone” the following exception:

OS-478(H) These lands are zoned Open Space (OS) Zone OS-478 Zone, and all of the provisions of By-law No. 129-90 as amended that relate to lands zoned Open Space (OS) Zone by this by-law shall apply to those lands zoned Open Space (OS) Zone OS-478 Zone on the attached Appendix 1 shall be subject to the following special provisions:

a) These lands shall only be used for a stormwater management pond.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 110 of 115

BY-LAW 11-13 PAGE TWO

3. THAT By-law No.129-90 is further amended by adding to “Section 33 – Open Space (OS) Zone” Subsection – “Exceptions to the Open Space (OS) Zone” the following exception:

OS-479(H) These lands are zoned Open Space (OS) Zone OS-479 Zone, and all of the provisions of By-law No. 129-90 as amended that relate to lands zoned Open Space (OS) Zone by this by-law shall apply to those lands zoned Open Space (OS) Zone OS- 479 Zone on the attached Appendix 1 shall be subject to the following special provisions:

a) These lands shall only be used as a pedestrian access.

4. THAT By-law No.129-90 is further amended by adding to “Section 33 – Open Space (OS) Zone” Subsection – “Exceptions to the Open Space (OS) Zone” the following exception:

OS-480(H) These lands are zoned Open Space (OS) Zone OS-480 Zone, and all of the provisions of By-law No. 129-90 as amended that relate to lands zoned Open Space (OS) Zone by this by-law shall apply to those lands zoned Open Space (OS) Zone OS-480 Zone on the attached Appendix 1 shall be subject to the following special provisions:

a) These lands shall only be used for a public park.

5. THAT pursuant to Section 36(1) of the Planning Act the “H” Holding Symbol shall be removed upon the approval by the Council of the Town of Fort Erie of a Subdivision Agreement for the lands shown on the attached Appendix 1.

6. THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act, 2001, as amended, the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections solely of an administrative, numerical, grammatical, semantical or descriptive nature or kind to this by-law or its schedules as such may be determined to be necessary after the passage of this by-law.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JANUARY, 2013. ______MAYOR

______CLERK

I, the Clerk, Carolyn J. Kett, of The Corporation of the Town of Fort Erie hereby certify the foregoing to be a true certified copy of By-law No. 11-13 of the said Town. Given under my hand and the seal of the said Corporation this day of , 2013.

______

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 111 of 115 REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 112 of 115 The Municipal Corporation of the Town of Fort Erie

BY-LAW NO. 12-13 ______

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AMENDING SUBDIVISION AGREEMENT 800547 ONTARIO LIMITED (VILLAGE CREEK SUBDIVISION – PHASE 2) (File No. 350308-0027)

WHEREAS 800547 Ontario Limited and the Town entered into a Subdivision Agreement dated March 20, 2012 and registered on March 23, 2012 as Instrument No. SN340896 with respect to the development of Village Creek Phase 2 Subdivision,

WHEREAS 800547 Ontario Limited and the Town have agreed to enter into an Amending Subdivision Agreement for Village Creek Phase 2 Subdivision in order to amend Schedule “B” to the agreement to include land to be conveyed to the Town for public purpose, and

WHEREAS the Municipal Council of the Town of Fort Erie at its meeting of June 21st, 2004 passed Resolution No. 25 to establish a practice whereby the Standard Form of Agreement would not be attached to the By-law and circulated to each Member of Council in advance of the particular Council Meeting, with the knowledge that the Clerk of the Town of Fort Erie is in possession of the full agreement at the subject Council Meeting;

NOW THEREFORE the Municipal Council of The Corporation of the Town of Fort Erie hereby enacts as follows:

1. THAT the entry into an Amending Subdivision Agreement with 800547 Ontario Limited in the form, attached hereto as Appendix “A” is authorized and approved.

2. THAT this by-law expires one (1) year from the date of passage in the event the Amending Subdivision Agreement has not been executed by all parties and registered on the title of the lands described in Schedule “A” therein.

3. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Amending Subdivision Agreement and affix the Corporate Seal thereto.

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 113 of 115 By-law 12-13 Page Two

4. THAT pursuant to the provisions of Sections 23.1 to 23.5 inclusive of the Municipal Act 2001 the Clerk of the Town of Fort Erie is hereby authorized to effect any minor modifications or corrections of an administrative, numerical, grammatical, semantical or descriptive nature or kind to the by-law and schedule(s) as may be deemed necessary after the passage of this by-law.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21ST DAY OF JANUARY, 2013.

______MAYOR

______CLERK

I, the Clerk, Carolyn J. Kett, of The Corporation of the Town of Fort Erie hereby certify the foregoing to be a true certified copy of By-law No. 12-13 of the said Town. Given under my hand and the seal of the said Corporation this ______day of ______, 2013 .

______

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 114 of 115 The Municipal Corporation of the Town of Fort Erie

BY-LAW NO. 13-13

BEING A BY-LAW TO RATIFY AND ENACT THE

MINUTES OF COUNCIL

WHEREAS Section 238(2) of the Municipal Act, 2001 provides every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings, and

WHEREAS By-law No. 145-06 was passed by the Municipal Council of the Town of Fort Erie on the 21st day of August, 2006, to establish rules of procedure for meetings of council, and

WHEREAS Section 7.4 of By-law No. 145-06, as amended requires the adoption, by resolution, of the minutes of each and every regular and special meeting of the council which shall be subsequently ratified and enacted by by-law;

NOW THEREFORE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie enacts as follows:

(1) THAT the Minutes of the Regular Meeting of Council held December 10, 2012 and adopted by Resolution No. 1 at the Regular Meeting of Council January 21, 2013, be and they are hereby ratified and enacted.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED 21st DAY OF JANUARY, 2013A

______MAYOR

______CLERK

REGULAR MEETING OF COUNCIL - 21 JAN 2013 Page 115 of 115