The Municipal Corporation of the Town of Fort Erie

REGULAR COUNCIL MEETING

MONDAY, DECEMBER 10, 2012

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: 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

Page 1 of 212 REGULAR COUNCIL AGENDA - MONDAY, DECEMBER 10, 2012 Page 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.

(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

8) PRESENTATIONS AND DELEGATIONS

(a) Harvey Grenn, Ridgeway

Re: Current Council

(b) Joy Russell, Fort Erie

Re: Presentation of Hospital Services Petition

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

9) 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 9.5.2 of the Agenda for Consent Agenda Resolution. Compendium of Resolutions (full text of all resolutions) posted on Town website with e-Agenda.

Page 2 of 212 REGULAR COUNCIL AGENDA - MONDAY, DECEMBER 10, 2012 Page

9.1 ADOPTION OF MINUTES

7 - 13 (a) Regular Meeting of Council - November 26, 2012

9.2 COMMUNICATIONS

14 (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 Item

Reference: Resolution to be presented.

9.3 REPORTS OF BOARDS AND COMMITTEES

15 - 31 (a) Regular Meeting of Council-in-Committee - December 3, 2012

32 - 36 (b) Council-in-Budget Committee Meeting #2 - December 5, 2012

37 - 38 (c) Closed Session - Special Meeting of Council-in-Committee - December 7, 2012

39 - 71 (d) Boards and Committees

(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

9.4 NEW BUSINESS

(a) Cemetery Advisory Committee

Re: Notice of Resignation - Denise d'Entremont

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

(b) Communities-in-Bloom

Re: Notice of Resignation - Tony Alkemade

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

9.5 CONSENT AGENDA APPROVALS

Page 3 of 212 REGULAR COUNCIL AGENDA - MONDAY, DECEMBER 10, 2012 Page

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

required)

9.5.2 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. 9.1 (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. 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) - (vi)} be received. 7. New Business Resolutions {Sec. 9.4 (a) and (b)} be approved.

9.5.3 Item(s) Removed for Separate Consideration

10) ENQUIRIES BY MEMBERS

(a) Response to Past Enquiries

(b) Member Enquiries

11) MOTIONS

(A) COMMITTEE-OF-THE-WHOLE

72 - 75 (a) REPORT NO. CDS-100-1-12 - ROSEHILL AUCTION HOUSE LIMITED SITE PLAN APPLICATION STATUS UPDATE

Recommendation:

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

Amendments from December 3, 2012

Moved by: Councillor Passero

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.

Moved by: Councillor Steckley

THAT: The recommendation be amended to include a requirement that the applicant

Page 4 of 212 REGULAR COUNCIL AGENDA - MONDAY, DECEMBER 10, 2012 Page

submit a Letter of Credit to the Town of Fort Erie in the amount of $50,000 wherein they will have one week to post the Letter of Credit with the Town from the date of this meeting and cashable by May 1, 2013 if the applicant does not complete the Site Plan Approval process by April 30, 2013.

Tabling Motion from December 3, 2012

THAT: The matter of Report No. CDS-100-12 and amendments be tabled until Monday, December 10, 2012 in order to allow the applicant to comment on the $50,000 Letter of Credit requirement. (CARRIED)

12) NOTICE OF MOTION

13) CONSIDERATION OF BY-LAWS

76 - 89 (a) By-law No. 124-12: To amend Fees and Charges By-law No. 40-09 (2013 Review) (SEE I.C.E. MEMORANDUMS, INCLUDING ICE RENTAL FEES)

90 (b) By-law No. 125-12: To assume primary services (Development Agreement with 1769052 Ontario Limited - Levy) (Crystal Beach)

91 - 92 (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 (SEE I.C.E. MEMORANDUM)

93 (d) By-law No. 127-12: To assume primary services in the Prospect Point Subdivision - Plan 59M-265

94 - 106 (e) By-law No. 128-12: To adopt the Accessibility Policy for the Town of Fort Erie

107 - 108 (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)

109 (g) By-law No. 130-12: To dedicate lands as a public park to be known as "Bill Connolly Field" (2973 Hyman Avenue)

110 - 182 (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

183 - 207 (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

208 - 209 (j) By-law No. 133-12: To authorize applications for cancellation, reduction or refund of taxes levied for the Years 2011 and 2012

210 (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

211 (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) (SEE I.C.E. MEMORANDUM)

Page 5 of 212 REGULAR COUNCIL AGENDA - MONDAY, DECEMBER 10, 2012 Page

212 (m) By-law No. 136-12: Ratification of Minutes

14) NEW BUSINESS

(a) Mayor's Youth Advisory Committee

Re: Notice of Resignations and Appointments to Fill Vacancies

Reference: Resolution to be presented.

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

Re: Notice of Resignation - Karen Audet and Appointments

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

Reference: Resolution to be presented.

15) SCHEDULING OF MEETINGS

16) ADJOURNMENT

Page 6 of 212

The Municipal Corporation of the Town of Fort Erie

REGULAR COUNCIL MEETING

MONDAY, NOVEMBER 26, 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 6:15 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 D. Campbell, Manager of Operations

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

MEMBERS OF THE PUBLIC PRESENT: Approximately 9

4) REVIEW OF ADDENDUM/ANNOUNCEMENTS

Addendum

NIL

Announcements

Mayor Martin made the following announcements: • On November 14, 2012 the Mayor welcomed the Grey Cup on its Nationwide tour at its stop in Niagara Falls. Former Councillor Sandy Annunziata is a two time winner of the Grey Cup. • On November 18, 2012 the Mayor participated in the Santa Claus Parade. He thanked the organizers of the event as well as Ray Murray, his chauffeur driving Miss Daisy. • On November 20, 2012, in celebration of National Child Day, the Mayor read a book to children at the Native Early Years Centre on Jarvis Street.

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• On November 22, 2012 the Mayor met with Cindy Paskey, Executive Director of the Child Advocacy Centre Niagara, helping children and families cope with the life altering impact of child abuse. He will provide Members of Council with their brochure. • The Mayor reminded everyone that Friday, November 30, 2012 is the beginning of the Spirit of Christmas in downtown Ridgeway hosted by the Ridgeway BIA. • Mayor Rob Ford of the City of Toronto had his seat declared vacant this date due to a conflict of interest charge which was upheld by the court. He will be removed from office. The Mayor took the opportunity to remind Members of Council of the severe penalties for any violation of the Municipal Conflict of Interest Act, adding in Mayor Rob Ford’s case, although the amount of money was insignificant, the court believed the conflict to be significant. The Mayor added Mayor Ford may appeal the decision.

Council Member announcements: • Councillor Hill attended the Ridgeway BIA Annual Christmas Party on November 25, 2012 to kick-off the Christmas business season.

• Councillor Steckley represented the Mayor’s Office on November 17, 2012 at the Community Living Christmas Luau Fundraiser. On November 18, 2012 he participated in the Santa Claus Parade where Communities-in-Bloom entered a float to promote the Town winning the National Awards in Edmonton. He thanked Councillors Collard and Hill for helping to hand out seed bookmarks. He also attended the Senior Citizens Advisory Committee dinner held at the Lions Hall on November 25, 2012.

• On behalf of the Bridgeburg Station BIA Board of Management, Councillor Passero thanked everyone who helped to make the parade such a success including Flo and Hank Odding, the community and Members of Council. He congratulated the winners. Councillor Passero announced all three branches of the Fort Erie Public Library are participating in Mittens and Books with the Adult Literacy Council who are accepting donations of mittens and books for children of all ages through to December 8, 2012.

5) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE

NIL

6) PUBLIC NOTICE

(a) 2013 Budget Meeting Schedule

Re: Capital Budget & Forecast - Wednesday, December 5, 2012 and Wednesday, December 19, 2012 (if required); 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).

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(b) Public Meeting (Planning Act)

Re: Draft Plan of Condominium – 352 Prospect Point Road (Deerwood Lane Subdivision) – southwest corner of Prospect Point Road and Dominion Road – Monday, December 3, 2012 – 6:00 p.m. – Council Chambers. The information report will be available to the public on November 30, 2012 and on the Council agenda for December 3, 2012.

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.

(d) Information Open House

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.

7) REGIONAL COUNCILLOR REPORT

RC Teal updated Council on the following: • Budget increases for waste management is 2.79%, water .56% and wastewater (sewage treatment) is 3.75% with an overall average increase of 2.47% totalling an additional $2.598 million added to the budget over last year. • Waste management base charges are apportioned to municipalities by percent of residential units. Any enhanced services are charged directly to municipalities. The cost per household in Fort Erie is estimated to be $164.00, up $6.00 over 2012.

RC Teal provided a detailed breakdown of the net budget for water and wastewater. The 2012 average cost per household for local and Regional water and wastewater services was $1,312.00 for the year in Fort Erie. The estimated increase cost per household for the Regional portion only of water and wastewater is $45.00.

8) PRESENTATIONS AND DELEGATIONS

NIL

9) CONSENT AGENDA ITEMS

9.1 ADOPTION OF MINUTES

(a) Regular Meeting of Council – November 13, 2012

THAT:The Municipal Council of the Town of Fort Erie hereby adopts the minutes of the Regular Meeting of Council held November 13, 2012, as printed. (CARRIED)

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9.2 COMMUNICATIONS

(a) Ontario Municipal Board

Re: Notice of Decision and Order of Board for Scheduling of Motion Hearing - Niagara Regional Plan Amendment 4-2006 (Part 1), OPA No. 65, OPA No, 5 and Zoning By-law No. 104-10 - Appellants: Ministry of Municipal Affairs and Housing, Bill Miller (1049506 Ontario Inc.) and Bridgeburg Holdings Limited, and Morgan Real Estate Holdings Inc. - January 9, 2013

Reference: Receive and file.

(b) Ministry of Finance

Re: Ontario Municipal Partnership Fund (OMPF) and Program Allocations for 2013

Reference: To Director of Financial Services for attention.

Re: Opposition to Proposed Federal Electoral Boundary Changes

Reference: Receive and file.

(d) Niagara Region

Re: Call for Regional Action for Smoke-Free Outdoor Spaces

Reference: To Municipal Law Enforcement Officer for attention.

(e) Communication Items

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

9.3 REPORTS OF BOARDS AND COMMITTEES

(a) Regular Meeting of Council-in-Committee – November 19, 2012

THAT:The Municipal Council of the Town of Fort Erie hereby adopts the minutes of the Regular Meeting of Council-in-Committee held November 19, 2012, as printed. (CARRIED) (b) Boards and Committees

THAT:The following board and committee minutes be received: (i) Fort Erie Active Transportation Advisory Committee - October 9, 2012; (ii) Senior Citizens Advisory Committee – November 7, 2012; (iii) Ridgeway Business Improvement Area Board of Management – November 6, 2012. (CARRIED)

9.4 NEW BUSINESS

(a) Fort Erie Active Transportation Advisory Committee

THAT:The Municipal Council of the Town of Fort Erie hereby accepts, with regret, the resignation of Clem Gagnon from the Fort Erie Active Transportation Advisory Committee, and further

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 10 of 212 REGULAR COUNCIL MINUTES – MONDAY, NOVEMBER 26, 2012 PAGE FIVE

THAT:The Clerk be directed to express Council’s appreciation to Mr. Gagnon 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 Hill-Shular

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 Resolutions - {Sec. 9.2 (e)} be approved. 3. Adoption of Council-in-Committee Minutes - {Sec. 9.3 (a)} be hereby adopted, as printed. 4. Reports of Boards and Committees - {Sec. 9.3 (b) (i) - (iii)} be received. 5. New Business Resolution {Sec. 9.4 (a)} be approved. (CARRIED)

9.5.3 Item(s) Removed for Separate Consideration

N/A

10) ENQUIRIES BY MEMBERS

(a) Response to Past Enquiries

NIL

(b) Member Enquiries

NIL

11) MOTIONS

(a) COMMITTEE-OF-THE-WHOLE

Resolution No. 2 Lubberts-Shular

THAT:Council does now go into Committee-of-the-Whole to discuss the following:

(A) REPORT NO. CS-38-12 – MUNICIPAL INFRASTRUCTURE INVESTMENT INITIATIVE (MIII) (CARRIED)

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Resolution No. 3 Passero-Steckley

THAT: Council hereby authorizes staff to submit an expression of interest to the Municipal Infrastructure Investment Initiative for Roads Rehabilitation Capital Works in the amount of $1 million, and further

THAT: Council hereby confirms its commitment to developing a comprehensive asset management plan that includes all of the information and analysis described in "Building Together: Guide for Municipal Asset Management Plans" by December 31, 2013. (CARRIED) 12) NOTICE OF MOTION

NIL

13) CONSIDERATION OF BY-LAWS

Resolution No. 4 Steckley-Passero

THAT:The by-law package containing: (a) By-law No. 117-12: To authorize the entry into a Specialized Transit Service Agreement with The Canadian Red Cross Society for the provision of a Specialized Transit Service (FAST) (b) By-law No. 118-12: To authorize the entry into a lease amending agreement with The Canadian Red Cross Society (Specialized Transit System Service - FAST) (c) By-law No. 119-12: To stop up and close part of the Elgin Street (also known as North Street) Road Allowance (d) By-law No. 120-12: To authorize the entry into a Letter Agreement with the Niagara Catholic District School Board (NCDSB) to develop, market and sell combined NCDSB and Town-owned lands (north side of Catherine Street) and the sale of part of Elgin Street (also known as North Street) to NCDSB (e) By-law No. 121-12: To deem certain registered plan of subdivision not to be a registered plan of subdivision - Niagara Catholic District School Board (Our Lady of Victory Catholic Elementary School) (f) By-law No. 122-12: To authorize the sale of lands on the north east corner of Grape Street and Eaton Street (Gomez)

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

Resolution No. 5 Collard-Passero

THAT:The by-law package containing: (a) By-law No. 117-12 (b) By-law No. 118-12 (c) By-law No. 119-12 (d) By-law No. 120-12 (e) By-law No. 121-12 (f) By-law No. 122-12

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

Resolution No. 6 Shular-Hill

THAT:By-law No. 123-12 (Ratification of Minutes) he hereby introduced and given first and second reading. (CARRIED)

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Resolution No. 7 Hill-Shular

THAT:By-law No. 123-12 be given third and final reading, be signed by the Mayor and the Clerk and the corporate seal affixed thereto. (CARRIED)

14) NEW BUSINESS

NIL

15) SCHEDULING OF MEETINGS

(a) Accessibility Advisory Committee Meeting – November 27, 2012 at 4:30 p.m. – Conference Room No. 1. (b) Community and Development Services Business Sub-Committee Meeting – November 28, 2012 at 3:30 p.m. – Conference Room No. 1. (c) Environmental Advisory Committee Meeting – November 28, 2012 at 5:00 p.m. – Conference Room No. 3. (d) Councillor Hill’s Annual Ward Town Hall Meeting – December 6, 2012 at 6:30 p.m. – Crystal Ridge Public Library.

16) ADJOURNMENT

Resolution No. 8 Lubberts-Shular

THAT:The Municipal Council of the Town of Fort Erie hereby adjourns at 6:28 p.m. to reconvene into Regular Meeting of Council on Monday, December 10, 2012 at 6:00 p.m. (CARRIED)

______MAYOR

______CLERK

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 13 of 212 Ministry of Agriculture, Ministère de I’Agriculture, Food and Rural Affairs de I’Alimentation et des Affaires rurales

Office of the Minister Bureau du ministre 110 77 Grenville Street, 11” Floor 77, rue Grenville, étage Ontario Toronto, Ontario M7A 183 Toronto (Ontario) M7A 183 Tel: (416) 326-3074 Tél. : (416) 326-3074

Fax: (416) 326-3083 Téléc. : (416) 326-3083

Ms. Carolyn J. Kett Town Clerk [email protected]

Dear Ms. Kett:

Thank you for your letter of November 16, 2012 informing me of the Town of Fort Erie’s municipal council resolution regarding the Horse Racing Industry Transition Panel’s final report.

Iwant to assure you that the panel consulted widely with the industry while preparing its interim report. Itmet with all race track operators including representatives from the Fort Erie Racetrack.

As you know, I asked the panel to advise me on the conditions necessary to have a sustainable industry. They did not have a negotiation mandate. The targeted discussions that occurred with groups and individuals led to the recommendations found in the final report.

On November 15, 2012, the panel, the Ministryof Finance (MOF), the Ontario Racing Commission, Ontario Lottery and Gaming Corporation and the Ministryof Agriculture, Food and Rural Affairs met with staff from all racetracks, including Fort Erie. The purpose of the meeting was to provide background information on the panel’s report, indicate the direction the government has decided to take with regard to the industry transition and answer any questions race track operators might have on either topic.

In addition, after the general meeting on November 15th, the panel met separately with Fort Erie to discuss its particular concerns with the industry model proposed in the panel report.

Negotiations with racetracks are now beginning. Allracetracks have been provided with an outline of the requirements that need to be met ifthey wish to host racing in 2013.

Any racetrack that is interested in operating under the principles outlined in the panel’s final report — transparency, accountability, and any public dollars invested returned through tax revenue — must signal its intention to the Ministryof Finance which is leading the negotiation. Fort Erie’s interest is welcome.

RECUVED

Ted McMeekin DEC102012 Ministerof Agriculture, Food and Rural Affairs BYCOUNCIL

Ministry Headquarters: 1 Stone Road West, Guelph, Ontario N1G 4Y2 Good Things Grow in Ontario Bureau principal du ministère: 1 Stone Road West, Guelph (Ontario) N1G 4Y2 A bonne terre, bons produits Foodlarid REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 14 of 212 ONTARIO

The Municipal Corporation of the Town of Fort Erie

COUNCIL-IN-COMMITTEE MEETING

MONDAY, DECEMBER 3, 2012

COUNCIL CHAMBERS

M I N U T E S

1) CALL TO ORDER

The meeting was called to order at 6:01 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.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 C. Watson, Legislative Assistant (departed at 6:28 p.m.)

B. Bradnam, Executive Assistant to CAO/Policy Analyst K. Dolch, Manager of Development Approvals D. Heyworth, Manager, Land Use Policy 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: 11

3) REVIEW OF ADDENDUM/ANNOUNCEMENTS

Addendum

Addition under Public Notice of Open House re Fort Erie Transit – Stevensville Open House. Additions under Community and Development Services of delegations (a) Carlo Guerra, Project Manager re Extension of Site Plan Application – Rosehill Auction House (Report No. CDS-100-12); and (b) George Parazader, Ridgeway Resident re Secondary Plan – Spears/High Pointe (Report No. CDS-101-12).

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 15 of 212

COUNCIL-IN-COMMITTEE MINUTES – MONDAY, DECEMBER 3, 2012 PAGE TWO

Addition under Corporate Services of delegation Pamela Barkwell, Fort Erie re Request for adjustment of taxes under Section 357(i)(d.1) making it necessary to pull Report No. CS-39-12 from Consent Agenda 7.4 Corporate Services and inserting it under Section 9(B) Corporate Services. Addition under Corporate Services of CS-40-12 – Hospital Services Advisory Committee – Selection of Appointments.

Modification under Community and Development Services of Report No. CDS- 97-12 – Draft Plan of Condominium – 1736105 Ontario Inc. (John Kendall) – Deerwood Lane Subdivision – Phase 2 – Southeast corner of Prospect Point Road and Dominion Road attaching correspondence from John Kendall and the Region respecting noise and Conditions 22 and 23 under Appendix “5” recommending that Council amend Appendix “5” by deleting Conditions 22 and 23 and inserting in lieu thereof, revised Conditions 22 and 23 as submitted by the Region dated December 3, 2012 to which Mr. Kendall agreed.

Announcements

Mayor Martin made the following announcements: • Boards and Committees 101 Training Session – Thursday, December 6, 2012 from 6:00 – 7:30 p.m. in the Council Chambers. • BIA 101 Training Session – Tuesday, December 11, 2012 from 6:00 – 9:00 p.m. in Conference Room No. 1.

4) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE

(a) Councillor Shular

Councillor Shular disclosed a pecuniary interest with respect to Report No. CDS-99-12 under the Consent Agenda section respecting the proposed amendment to the Official Plan and Zoning By-law for Fire Station No. 2 at 209 Jarvis Street since he is the Treasurer of the Masonic Corporation which owns the building next door and has implications on the value of the Masonic building. Councillor Shular abstained from discussing or voting on this matter.

Councillor Shular disclosed a personal interest with respect to the delegation under Corporate Services and Report No. CS-39-12 since Ms. Barkwell is a close family friend and he does not want to taint the process. Councillor Shular abstained from discussing or voting on this matter.

(b) Councillor Lubberts

Councillor Lubberts disclosed a pecuniary interest with respect to the delegation under Community and Development Services and Report No. CDS-100-12 since his employer, Riel Electric does work for Mr. Guerra. However, he indicated he would be seeking legal advice to confirm his conflict. Councillor Lubberts abstained from discussing or voting on this matter.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 16 of 212

COUNCIL-IN-COMMITTEE MINUTES – MONDAY, DECEMBER 3, 2012 PAGE THREE

Councillor Steckley disclosed a pecuniary interest under Corporate Services Report CS-40-12 – Hospital Services Advisory Committee appointment since his wife is employed by the NHS at the DMH site. Councillor Steckley abstained from discussing or voting on the matter.

5) PUBLIC NOTICE

(a) 2013 Budget Meeting Schedule

(b) Information Open House

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

(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.

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6) PUBLIC MEETINGS – PLANNING ACT

(a) Draft Plan of Condominium

Re: Deerwood Lane Subdivision - 352 Prospect Point Road - for lands located on the southeast corner of Prospect Point Road and Dominion Road. The intent of the proposal is to create 18 townhouse units fronting onto a t-shaped internal private roadway with access to both Dominion Road and Prospect Point Road. The proposal is to develop the site as a vacant land condominium.

Mr. Kernahan 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 Draft Plan of Condominium for lands located on the southeast corner of Prospect Point Road and Dominion Road.

Mayor Martin advised of the Public Meeting process and stated the public’s comments will assist staff in making a recommendation to Council in making a decision of the application. He encouraged the public to state their concern this evening or in writing so they may have status in the event of an appeal to the Ontario Municipal Board.

Mr. Kernahan, Senior Development Planner advised notice of this meeting was provided in accordance with the provisions of the Planning Act by placing an ad in The Times on November 10, 2012 and by mailing notice to each of the property owners within one hundred twenty metres of the subject lands on November 13, 2012.

Mr. Kernahan explained an application has been submitted by John Kendall, 1736105 Ontario Inc. for a Draft Plan of Vacant Land Condominium for a block of lands located within the Deerwood Lane Subdivision at the southeast corner of Dominion Road and Prospect Point Road.

Mr. Kernahan advised the property is located in the Ridgeway/Thunder Bay Neighbourhood south of Dominion Road, east of Prospect Point Road. The property has been cleared and there is a four-unit townhouse complex under development in Phase 1 of the subdivision. The surrounding land use consists of: to the north, an existing dwelling containing three dwelling units zoned “C1 Commercial” and are a nonconforming use as well as commercial uses located on the north side of Dominion Road; to the south, Town-owned block for access to the adjacent wetland/drain and vacant land planned for a future townhouse development; to the east, Six Mile Creek Provincially Significant Wetland complex and Mann Drain; and to the west, four unit townhouse dwelling, vacant townhouse block, Prospect Point Road and single-detached dwellings.

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Mr. Kernahan explained the Official Plan designation for the subject site and surrounding area is “Urban Residential” with an “Environmental Conservation” overlay. The proposed townhouse dwellings are permitted uses in the Official Plan. The Environmental Conservation overlay obligates the developer to undertake an Environmental Impact Study (EIS) and implement the appropriate mitigation measures prior to development. The developer undertook an EIS in support of subdivision approval and the Niagara Peninsula Conservation Authority (NPCA) has cleared the study and associated conditions of approval.

Mr. Kernahan advised the Natural Heritage Mapping for the area indicates the site is adjacent to a Provincially Significant Wetland (Six Mile Creek) and is partially within a locally significant natural area. The Official Plan policies require that development within or adjacent to these areas are subject to an EIS which the applicant has undertook in support of the Draft Plan of Subdivision Application approved by Council in 2011. The EIS proposed mitigative measures that were incorporated into the Draft Plan of Subdivision Conditions of Approval which the NPCA has accepted and is the clearance agency for the conditions of Draft Plan Approval.

Mr. Kernahan stated the subject site was rezoned to a site specific “Residential Multiple RM1 Zone” in accordance with the recommendations contained in Report No. CDS-13-11 approved by Council on March 7, 2011. The proposed 18 condominium townhouse units are permitted uses and the proposed Plan of Condominium meets the regulations of this site specific zone.

Mr. Kernahan explained the subdivision is made up of 1.098 hectares of lands and includes three development blocks. Phase 1 indicated as Lots 1-8 includes 8 freehold townhouse units which front onto Prospect Point Road. Four of these units are currently under construction and will be used for model homes. Phase 2 indicated as Block 9 is the subject of this application for Draft Plan of Condominium to create 18 condominium townhouse units, a private street and 3 visitor parking spaces. The subdivision will have frontage on and be accessible from Dominion Road and Prospect Point Road This application is only related to land tenure and the ability to sell each of the units separately.

Mr. Kernahan stated the proposed Conditions of Approval included in Appendix “5” of Report No. CDS-97-12 include the following two conditions proposed by the Region regarding noise impact from Dominion Road which is a Regional Road: 1. Requires the applicant to undertake a noise impact assessment to assess noise impacts from the Regional Road on the unit closest to the roadway. 2. Requires the applicant to implement the mitigative measures arising from the study.

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Mr. Kernahan advised subsequent to the preparation of Report No. CDS- 97-12, the applicant provided Town staff with a letter requesting changes to the conditions namely, that instead of undertaking a noise impact study, the applicant would voluntarily implement sound attenuation measures that included central air conditioning, double glazed windows on all units and the provision of a resilient channel on the wall of Unit 18 that faces Dominion Road. The Region was provided with this letter and provided a written response which indicated they substantially agreed with the applicant’s request, subject to some minor revisions and the addition of a condition requiring a warning clause be included on offers of Purchase and Sale to advise of potential noise impacts from the Regional Road. Planning staff are supportive of the changes to the Conditions of Approval proposed by the Region.

Mayor Martin stated the Committee would now hear from the applicant.

(a) John Kendall, 4 Waters Edge Circle, St. Catharines

Mr. Kendall stated he was in agreement with the changes to Conditions 22 and 23 proposed by the Region and was present to answer any questions of Council.

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 to speak in favour of the application.

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

No person(s) came forward to speak in opposition or to ask questions.

Mayor Martin announced the Public Meeting was now concluded.

7) CONSENT AGENDA ITEMS

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

Mayor Martin requested that Report No. CDS-99-12 be removed from the Consent Agenda package and dealt with separately.

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

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7.3 COMMUNITY AND DEVELOPMENT SERVICES

(a) REPORT NO. CDS-98-12 – PROPOSED AMENDMENT TO TOWN OF FORT ERIE OFFICIAL PLAN AND ZONING BY-LAW NO. 129-90 - FIRE STATION NO. 1 - 119 BERTIE STREET

THAT:Council hereby authorizes the initiation of an amendment to the Official Plan and Zoning By-law No. 129-90 in accordance with the Ontario Planning Act for Town-owned lands located at 119 Bertie Street. (CARRIED)

(b) REPORT NO. CDS-102-12 – PROPOSED OFFICIAL PLAN AMENDMENT TO COMMUNITY IMPROVEMENT POLICIES

THAT:Council hereby adopts the proposed amendment to the Community Improvement policies of the Official Plan, attached as Appendix "1" to this report, by by-law, and further

THAT:Planning staff be directed to assemble the necessary amendment package to forward to the Region for approval, and further

THAT:Regional Council be requested to modify the Regional endorsed Gateway Economic Zone and Centre Community Improvement Plan to include the lands of the Canadian Motor Speedway and the incentive programs in the CIP be applied to this development. (CARRIED)

THAT:Council hereby endorses the Fort Erie Gateway Economic Zone Community Improvement Plan, in principle, and further

THAT:A copy of Report No., CDS-103-12 be forwarded to the Region of Niagara for information purposes. (CARRIED)

7.4 INFRASTRUCTURE SERVICES

(a) REPORT NO. IS-35-12 – MILLER CREEK MUNICIPAL DRAIN - DRAINAGE ENGINEER APPOINTMENT

THAT:Council hereby appoints Spriet Associates London Limited as the Drainage Engineer, for the preparation of a new Engineer's Report for Miller Creek Municipal Drain and the associated branches, in accordance with Section 78 of the Ontario Drainage Act, in the amount of $72,207.00 (including h.s.t), and further

THAT:Staff be authorized to prepare the necessary by-law for the Mayor and Clerk to execute on behalf of the Town of Fort Erie, in accordance with the Ontario Drainage Act, R.S.O. 1990 c.17. (CARRIED)

7.5 Consent Agenda Recommendation

Recommendation No. 1 Moved by: Councillor Passero

THAT:The recommendations contained in Report Nos. CDS-98-12, CDS-102- 12, CDS-103-12 and IS-35-12 be and they are hereby approved, (CARRIED)

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7.6 Item(s) Removed for Separate Consideration

(d) REPORT NO. CDS-99-12 – PROPOSED AMENDMENT TO TOWN OF FORT ERIE OFFICIAL PLAN AND ZONING BY-LAW NO. 129-90 - FIRE STATION NO. 2 - 209 JARVIS STREET

Recommendation No. 2 Moved by: Councillor Steckley

8) COMMUNITY AND DEVELOPMENT SERVICES

(A) DELEGATIONS

(a) Carlo Guerra, Project Manager

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

Mr. Guerra stated he was present to advise Council they are working things out with a few agencies on this project. He advised their Engineer has a meeting tomorrow at 1:30 p.m. with the MTO to get their criteria to finalize the storm water management study needed to complete this project. He added they are about 90% complete on this part.

Mr. Guerra requested Council to grant a four month extension in order to get Site Plan Approval and complete the agreement. He added that once approvals from the Town, Region and MTO are in place, an MOE Certificate will be needed before the work can be started.

(b) Mr. George Parazader, Ridgeway Resident

Re: Secondary Plan – Spears/High Pointe (Report No. CDS-101- 12)

Mr. Parazader referred to the map of the subject property he provided to Members of Council and stated that further to his previous delegation, he has been working with Mr. Brady and Planning staff to reach the recommendation being presented to Council for their consideration. He advised he has no objection to the property outlined in red being designated “Open Space” provided that Council is in agreement with the recommendation and that a time be set for the transaction.

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(B) REPORTS

(a) REPORT NO. CDS-97-12 – DRAFT PLAN OF CONDOMINIUM - 1736105 ONTARIO INC. (JOHN KENDALL) - DEERWOOD LANE SUBDIVISION - PHASE 2 - SOUTHEAST CORNER OF PROSPECT POINT ROAD AND DOMINION ROAD

Recommendation No. 3 Moved by: Councillor Hill

THAT:The Deerwood Lane Plan of Vacant Land Condominium (southeast corner of Prospect Point Road and Dominion Road) dated February 28, 2012, showing 18 condominium townhouse units and an internal private roadway as shown on Appendix "3", be approved in accordance with the provisions of the Planning Act, R.S.O. 1990 c.P 13, the Condominium Act R.S.O. 1998 c.18 and the regulations thereunder, subject to the conditions contained in Appendix "5" of this report, and further

THAT:The parties be advised of Council's decision on the application in accordance with the Planning Act, and further

THAT:The conditions of Draft Plan Approval in Report No. CDS-97-12 be circulated to the applicable agencies in accordance with the requirements of the Planning Act.

Recommendation No. 4 Moved by: Councillor Passero

THAT:The recommendation be amended under Appendix “5” by deleting Conditions 22 and 23, and inserting in lieu thereof the following Conditions 22 and 23 as approved by the Region under date of December 3, 2012.

22. That the owner agrees in the condominium agreement to provide in all units, central air conditioning, and double glazing on all windows. Further, that the owner agrees in the condominium agreement to include a resilient channel to be placed on both the northerly and easterly exterior walls of Unit 18, prior to drywall, adjacent to Dominion Road.

23. That a warning clause be included in the condominium agreement as follows:

“Purchasers/Tenants are advised that noise control features have been included in all dwelling units to mitigate any potential noise impacts due to increasing regional road traffic, which may on occasion interfere with some activities of the dwelling occupants as the sound levels may exceed the MOE criteria.” (CARRIED)

Recommendation No. 5 Moved by: Councillor Hill

THAT:The parties be advised of Council's decision on the application in accordance with the Planning Act, and further

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THAT:The conditions of Draft Plan Approval in Report No. CDS-97-12, as amended, be circulated to the applicable agencies in accordance with the requirements of the Planning Act. (CARRIED)

Recommendation No. 6 Moved by: Councillor Steckley

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

Recommendation No. 7 Moved by: Councillor Passero

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.

Recommendation No. 8 Moved by: Councillor Steckley

THAT:The recommendation be amended to include a requirement that the applicant submit a Letter of Credit to the Town of Fort Erie in the amount of $50,000 wherein they will have one week to post the Letter of Credit with the Town from the date of this meeting and cashable by May 1, 2013 if the applicant does not complete the Site Plan Approval process by April 30, 2013.

Recommendation No. 9 Moved by: Mayor Martin

THAT:The matter of Report No. CDS-100-12 and amendments be tabled until Monday, December 10, 2012 in order to allow the applicant to comment on the $50,000 Letter of Credit requirement. (CARRIED)

(d) REPORT NO. CDS-101-12 – SPEARS/HIGH POINTE SECONDARY PLAN - APPROVAL OF TOWN OFFICIAL PLAN AMENDMENT NO. 8

Recommendation No. 10 Moved by: Councillor Passero

THAT: Council hereby endorses the Spears-High Pointe Secondary Plan (OPA 8) including modifications made following the Statutory Public Meeting, contained herein as Attachment 6, and further

THAT: Council hereby authorizes staff to prepare the implementing Official Plan Amendment package for adoption, and further

THAT: Council hereby authorizes staff to forward the implementing Official Plan Amendment package to the Regional Municipality of Niagara for approval. (CARRIED)

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(a) Councillor Lubberts

Councillor Lubberts referred to the upcoming open houses and public meetings respecting major housekeeping amendments to Zoning By-law No. 129-90 and housekeeping amendments to the Official Plan and indicated he would like to see the property owners absent for the winter, to have the opportunity to participate and comment on these matters. Mr. Brady explained the purpose of the open house is to update the Zoning By-law and the Official Plan which are not public meetings. The public meetings will come afterwards. Mr. Brady understood Councillor Lubberts’ question to be centred on the delay of the update of the Zoning By-law and Official Plan until the summer. He cautioned Council in this regard since there are a number of amendments that people are looking forward to finalizing such as a gentleman in Stevensville who has been waiting in order to sell his house. He suggested Council could go forward with the documents at the public meeting and Council could ask that the matters respecting shoreline be held and dealt with subsequently. He suggested it would not make sense to hold up all of the matters until the summer.

Councillor Lubberts liked the idea of keeping the waterfront and the shoreline out of any decision making right now and indicated he doesn’t want to hold up anything else in the Town of Fort Erie. However, the people most affected should be here to participate. He suggested he would discuss the matter later with Mr. Brady.

Mr. Brady responded he would have no problem with dealing with the waterfront and shoreline provisions separately but he would need direction from Council by resolution to hold those areas in abeyance. He added there will be one property owner who will not be happy because she is waiting for separate zoning for residential intensification and staff would not be able to move forward with those restrictions in terms of intensification.

Councillor Collard asked if those matters referred to by Councillor Lubberts can be dealt with in a separate manner. Mr. Brady responded it would be very difficult since there are Provincial Policies that call for residential intensification. As a municipality, there is some control. He added the lady is concerned because a neighbor will be adding an apartment to a garage and that cannot be controlled right now.

The Mayor indicated he could not support separating the matters since this has been advertised for weeks and something such as this has never been delayed before because of summer residents. He suggested if they want to make the effort to come and attend

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the meeting, they can participate. He questioned if affected summer residents could submit their concerns in writing to which Mr. Brady replied in the affirmative. He also pointed out that interested persons have an opportunity to submit their comments either orally or in writing. He added the Town’s website contains all of the relevant information. The Mayor suggested to Councillor Lubberts that he notify those who have concerns to submit their comments in writing.

Recommendation No. 11 Moved by: Councillor Lubberts

THAT:Staff be directed to remove the waterfront portion of the amendments to the Official Plan and the Zoning By-law until such time that the residents most affected by the changes can be here and a part of the process by May 24, 2013 weekend and staff can bring it forward to a Council-in-Committee Meeting in June 2013. (LOST)

(D) BUSINESS STATUS REPORT

N/C

9) CORPORATE SERVICES

(A) DELEGATIONS

(a) Pamela Barkwell, Fort Erie

Re: Request for adjustment of taxes under Section 357(i)(d.1)

NOT PRESENT.

(B) REPORTS

Ms. Bradnam, Executive Assistant to CAO/Policy Analyst delivered a power point presentation with respect to Report No. CAO-24-12 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 Department.

(a) REPORT NO. CAO-24-12 – TOWN OF FORT ERIE ACCESSIBILITY POLICY

Recommendation No. 12 Moved by: Councillor Shular

THAT:A by-law be submitted to the Council meeting of December 10, 2012 to adopt the Town of Fort Erie Accessibility Policy attached as Appendix "1" to Report No. CAO-24-12. (CARRIED)

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(b) REPORT NO. CS-39-12 – ADJUSTMENTS, REBATES, UNDER SECTION 357 AND 358 FOR 2011 AND 2012

Recommendation No. 13 Moved by: Councillor Steckley

THAT:The list of taxes and penalties totalling $5,186.11, attached as Appendix "A" to Report No. CS-39-12 be cancelled, reduced or refunded as applicable in accordance with Section 357 and 358 of the Municipal Act, 2001 and direct staff to prepare the appropriate by-law, and further

THAT:Council hereby denies the applications for tax adjustments under Section 357(1)(d.1), sickness or extreme poverty. (CARRIED)

(Open Ballot Selection to be conducted by Clerk)

Recommendation No. 14 Moved by: Councillor Passero

THAT:Resolution No. 10 dated November 13, 2012 be and it is hereby repealed, and further

THAT:Dr. Jillian Hartman-Grelowski be appointed to the Hospital Services Advisory Committee for the balance of the term of Council, and further

THAT:Should any further vacancies occur on this Committee during the balance of the term that the two remaining applicants appointed November 13, 2012 shall be automatically appointed in the order of 2nd and 3rd place.

Recommendation No. 15 Moved by: Councillor Lubberts

THAT:The recommendation be amended by deleting paragraph three and inserting a new paragraph to read:

“Should any further vacancies occur this term, they shall be filled through the open ballot process.” (LOST)

Recommendation No. 16 Moved by: Mayor Martin

THAT:The recommendation be amended by adding a further paragraph as follows:

“THAT:Council Rules of Procedure be suspended accordingly with respect to the filling of any further vacancies on this Committee due to the unique circumstance.” (CARRIED)

Recommendation No. 17 Moved by: Councillor Passero

THAT:Resolution No. 10 dated November 13, 2012 be and it is hereby repealed, and further

THAT:Dr. Jillian Hartman-Grelowski be appointed to the Hospital Services Advisory Committee for the balance of the term of Council, and further

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THAT:Council Rules of Procedure be suspended accordingly with respect to the filling of any further vacancies on this Committee due to the unique circumstance. (CARRIED)

(a) Councillor Lubberts

Councillor Lubberts began to make enquiries with respect to the three member CAO Selection Committee. (Mr. Ron Tripp left the Council Chambers.) The Mayor suggested Council should go into closed session to receive the enquiries to which Councillor Lubberts countered it was not a closed session item because it was dealt with in open session for the Committee. The Mayor reminded Council that the Committee signed a confidentiality agreement with the Consultant. The Mayor indicated the Councillor could not speak to anything other than the three member Committee.

Councillor Hill concurred that the Committee signed a confidentiality agreement. He requested clarification from the Clerk for closed session purposes. The Clerk responded if Councillor Lubberts’ enquiry had to do with the composition of the Committee, then the questions could be asked in open session. If it was anything else, then it would be better placed in a closed meeting under the authority of the Municipal Act for personal matters about identifiable individuals. Councillor Lubberts responded he would not be asking anything about identifiable individuals whatsoever. His questions would be related to process and he didn’t believe the process was a confidential matter. He further explained it was direct questions he would like to ask the Committee and there was nothing that would be confidential that the body would not be able to reveal. He added he had procedural questions and he didn’t see the reason for closed session.

Councillor Hill questioned if the process could be discussed outside of closed session with the reminder the Committee members signed a confidentiality agreement with the Consultant. The Clerk responded if it related to process questions only. If Councillor Lubberts veered into personal matters about identifiable individuals, she suggested perhaps the Chair would then have to call him out of order and ask to proceed into closed session.

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The Mayor indicated if Councilor Lubberts asked anything about specific questions, the Council agreed with the process. If Councillor Lubberts wanted to speak to process or a dissemination of information, it must be in closed session. The Mayor could not understand the reluctance to go into closed session to hear the questions first and then decide where they are properly placed. He added if Council didn’t know the nature of the questions, they could waiver into confidential territory.

Councillor Hill asked if Council could go into closed session to which the Clerk responded it may be acceptable.

CLOSED SESSION

Recommendation No. 18 Moved by: Councillor Passero

THAT:Council does hereby go into closed session at 8:20 p.m. regarding the matter of the CAO selection process and procedure, all of which is pursuant to Section 239(2)(b) of the Municipal Act, 2001, as amended. (CARRIED)

Council commenced the closed session at approximately 8:27 p.m. in Conference Room No. 1.

The following were present at the closed session: All Members of Council; and C.J.Kett, Town Clerk.

Some Members of Council raised questions with respect to the CAO selection process, participation and dissemination of information to which the members of the CAO Selection Committee responded.

Questions were raised and answers provided respecting events to date in terms of moving forward with the selection of a new CAO. Next steps were also discussed including an upcoming meeting where all Members of Council would be present. There were several questions and answers provided respecting the agenda, availability of information and timing.

The Clerk informed Council the meeting scheduled for this Friday with all Members of Council would constitute a closed meeting and required compliance with the Municipal Act and Council’s Rules of Procedure By- law. The Clerk requested that Council pass a resolution in open session to schedule the closed meeting. She offered suggestions on how to address the confidentiality of the location and stand-in for the Clerk in order to comply with Council Rules of Procedure.

Some Members of Council questioned and requested certain information in advance of the meeting to which members of the CAO Selection Committee clarified the process and procedure agreed to with the Consultant. The Mayor emphasized time and again the process agreed to.

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The Clerk further indicated perhaps the H.R. Manager could attend the meeting and she would delegate her duties to him.

Council generally agreed on the rise without report recommendation.

Council returned to the Council Chambers at 9:15 p.m. where there was no one present from the public or press.

Recommendation No. 19 Moved by: Councillor Hill

THAT:Council-in-Committees does now hereby reconvene into open session at 9:15 p.m., and rises without report. (CARRIED)

(b) Councillor Lubberts

Councillor Lubberts enquired of the Clerk, before Council went into closed session, the questions he asked regarding process, he wanted to know if the Clerk thought it was appropriate to go into closed session. The Clerk responded in the affirmative.

(D) BUSINESS STATUS REPORT

N/C

10) INFRASTRUCTURE SERVICES

(A) DELEGATIONS

NIL

(B) REPORTS

NIL

(D) BUSINESS STATUS REPORT

N/C

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11) SCHEDULING OF MEETINGS

(a) Scheduling of Closed Session Meeting – December 7, 2012

Recommendation No. 20 Moved by: Councillor Hill

THAT:Pursuant to Sections 239(2)(b) and (d) of the Municipal Act, 2001, as amended, Council hereby schedules a closed meeting of Council to be held on Friday, December 7, 2012 to advance the CAO selection process at a time and place to be determined by the Consultant due to the sensitivity of the matter, and further

THAT:Council Rules of Procedure be and they are hereby suspended accordingly respecting the naming of the place due to the sensitivity and confidentiality of the matter. (CARRIED)

(b) Hospital Services Advisory Committee – December 4, 2012 at 6:00 p.m. – Conference Room No. 2. (c) Senior Citizens Advisory Committee - December 5, 2012 at 10:00 a.m. – Lions Seniors Centre. (d) School Accommodation Review and Tours at FESS and Port Colborne High School - December 6, 2012 at 6:00 p.m.

10) ADJOURNMENT

Recommendation No. 21 Moved by: Councillor Passero

THAT:Council-in-Committee does now hereby adjourn at 9:20 p.m. (CARRIED)

______MAYOR

______CLERK

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COUNCIL-IN-BUDGET COMMITTEE MEETING #2

WEDNESDAY, DECEMBER 5, 2012

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, Shular and Steckley.

ALSO PRESENT: R. Tripp, Acting Chief Administrative Officer C. Kett, Town Clerk H. Chamberlain, Director of Financial Services r. Brady, Director of Community and Development Services T. Kuchyt, Acting Director of Infrastructure Services D. Campbell, Manager of Operations S. Hutton, Facilities Manager M. Turner, Fleet Supervisor S. Hansen, Manager of Parks and Open Space Development J. Janzen, Manager of Accounting Services B. Menage, Managing Purchasing and Finance Services K. Davis, Information Systems Manager

MEDIA PRESENT: 0

MEMBERS OF THE PUBLIC PRESENT: 0

3) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE

(a) Councillor Hill

Councillor Hill disclosed a pecuniary interest with respect to Capital Project PROS05 Prospect Point Road – Phase 1 since he is a resident of Ridgeway-by-the-Lake. Councillor Hill abstained from discussing or voting on the matter and vacated the Chair during Council’s deliberation.

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4) REVIEW OF ADDENDUM/ANNOUNCEMENTS

Addendum

NIL

Announcements

Chair Hill delivered opening remarks where he thanked all of staff at the Department level who worked very hard to bring forward a Capital Budget that was not only responsive from a capital investment perspective but also recognized some of the challenges Council is facing.

5) 2013 CAPITAL BUDGET

(A) PRESENTATION

(a) Helen Chamberlain, Director of Financial Services

Ms. Chamberlain’s power point presentation 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 Department.

Ms. Chamberlain began with a refresh on the Capital Budget and addressed some minor amendments to the budget timetable where the General Levy Budget and Capital Budget By-law would be deferred to the Council Meeting of February 25, 2013. She reviewed the balance of the budget meeting dates as set out under Section 6) hereof.

The Mayor indicated he would not be available for the January 30, 2013 meeting since he was scheduled for knee surgery and requested consideration be given to altering the date to January 29, 2013.

Ms. Chamberlain set out the components of the presentation which included: 1. Recap of budget timetable; 2. Capital budget drivers; 3. 2013 Capital Budget; 4. Presentation questions; 5. Capital project worksheets.

Ms. Chamberlain spoke to the Capital Budget environment where there is a Provincial emphasis on Asset Management Plans for grant funding from the Province or Federal Government requiring a 10 year minimum forecast which has been included in the 2013 budget for the first time. The financial strategy includes the new Reserve Policy with targets and strategies with a staff

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recommendation for an additional 2.5% levy increase over 5 years to eliminate the funding gap. There is a requirement to deliver on the Provincial mandate for Infrastructure assets: • Identify “what we need” rather than just “what we can afford.” • Manually integrated master plans and DC study to document:  Lowest life cycle;  Investment scheduling to appropriately time expansion in asset lifecycle to save cost and minimize waste.

Ms. Chamberlain reviewed the Town’s current Asset Plan and highlighted the various Master Servicing Plans where priority replacement is identified. She also addressed the significant funding shortfalls over the 11 year forecast for Infrastructure Services and the accompanying recommended strategy for facilities, roads, storm, water and bridges. Ms. Chamberlain highlighted the Asset Plan in the amount of $7,759,850, representing 48% of the Asset Plan in comparison to the 2013 proposed Capital Budget of $8,679,350 which is 50% of the Asset Plan Capital, representing 64 projects in total.

Ms. Chamberlain reviewed the Capital Financing Strategy for the various sources of revenue for the 2013 projects as follows:  Town Reserves 70%;  Development Charges 6%;  Federal Gas Tax 17%;  Other 7%.

Ms. Chamberlain reviewed the Capital Financing through Reserves as follows:  Budget based on existing contribution level;  $372,000 or 2.4% ($500,000) not being relied upon;  O.Reg. 284/09 gap to fund amortization > 15% levy impact;  Deferral of capital as laid out in master plans;  Delay in replacement may result in failure, increased cost, diminished customer service;  Comprehensive Asset Management Plan will help in identifying risks.

Ms. Chamberlain provided a breakdown of Capital Financing Revenue Sources from: • Gas Tax Funding  $920,000 per year commitment from the Federal Government until 2014;  Spending $1.5 million in 2013;  High Street road/storm improvements; Matthews & Bertie Bridge; Bertie Bay storm drainage.

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• Development Charges  $539,000 to be spent in 013;  $400,000 Thunder Bay storm/roads; sidewalks and parks.

• Other Revenue  Landowner recovery for drains; donation for Optimist Park.

• Slot revenues  $345,600 last receipt in April 2013 to Facilities Reserve.

• Provincial/Federal Funding  Nothing confirmed for 2013;  Pending – Mill (Road Rehabilitation), CIIF (Optimist Soccer), several for municipal drains;  Need a comprehensive Asset Management Plan.

Ms. Chamberlain advised there are no new debentures planned for 2013 and debt charges are 5% of total Town revenue which is in the low risk category (limit is 25%).

Ms. Chamberlain addressed the 2011-2014 Strategic Plan and the various objectives affecting future Capital Budgets.

In conclusion, Ms. Chamberlain highlighted next steps wherein on January 30, 2013 Council will be asked to consider a long-term Reserve Funding Strategy and approve the slot revenue allocation. After January 2013, there may be possible future amendments for Federal/Provincial grants and new programs (i.e. solar panels).

Following the Capital Budget presentation, Council engaged in a question and answer period related to some of the 64 Capital Projects.

(B) REPORT

(a) REPORT NO. CBC-03-13 - 2013 CAPITAL BUDGET AND TEN YEAR FORECAST

Recommendation No. 1 Moved by: Councillor Shular

THAT:The 2013 Capital Budget in the amount of $8,679,350 as per Appendix "A" to Report No. CBC-03-13 be hereby approved and the by-law be submitted for Council approval on February 25, 2013, and further

THAT:As required by Ontario Regulation 284/09 Council approves the exclusion of amortization from the 2013 Operating Budget.

Recommendation No. 2 Moved by: Councillor Shular

THAT:Capital Project PROS05 Prospect Point Road – Phase 1 be removed from the package and dealt with separately. (CARRIED)

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Recommendation No. 3 Moved by: Councillor Shular

THAT:The 2013 Capital Budget in the amount of $8,679,350, save and except Capital Project PROS05 Prospect Point Road – Phase 1 in the amount of $26,000, as per Appendix "A" to Report No. CBC-03-13 be hereby approved and the by-law be submitted for Council approval on February 25, 2013, and further

THAT:As required by Ontario Regulation 284/09 Council approves the exclusion of amortization from the 2013 Operating Budget. (CARRIED)

Councillor Hill turned the Chair over to Councillor Shular in order for the Committee to consider the separated Capital Project.

Recommendation No. 4 Moved by: Mayor Martin

THAT:The 2013 Capital Budget allocation in the amount of $26,000 for Capital Project PROS05 Prospect Point Road – Phase 1 as set-out on Page 49 of Appendix “A” to Report No. CBC-03-13 be hereby approved and included in the by-law to be submitted to Council for approval on February 25, 2013.(CARRIED)

At this point, the Chair was returned to Councillor Hill. . 6) DATE OF NEXT MEETINGS

(a) Library Budget – Wednesday, January 9, 2013 (b) EDTC Budget - Tuesday, January 15, 2013 (c) General Levy Operating Budget/Assessment Analysis Report - Wednesday, January 30, 2013 (d) General Levy Operating Budget/Assessment Analysis Report – Wednesday, February 20, 2013 (if required) (e) General Levy Budget & Capital Budget By-law – Monday, February 25, 2013

7) ADJOURNMENT

Recommendation No. 5 Moved by: Councillor Steckley

THAT: The Council-in-Budget Committee Meeting does now hereby adjourn at 7:25 p.m. (CARRIED)

______MAYOR

______CLERK

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CLOSED SESSION SPECIAL COUNCIL-IN-COMMITTEE MEETING

FRIDAY, DECEMBER 7, 2012

CONFERENCE ROOM #1 – TOWN HALL

M I N U T E S

1) CALL TO ORDER

The meeting was called to order at 11:00 a.m.

2) ROLL CALL

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

ABSENT: Councillor Collard (arrived approximately 12:20 p.m.)

ALSO PRESENT: C.J. Kett, Town Clerk (for open meeting) M. Campbell, Consultant, Odgers Berrntson (for closed meeting)

MEDIA PRESENT: 0

MEMBERS OF THE PUBLIC PRESENT: 0

3) DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE

NIL

4) CORPORATE SERVICES

(A) CLOSED SESSION

(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: Interviews with Chief Administrative Officer Candidates

Recommendation No. 1 Moved by: Councillor Hill

THAT:Council-in-Committee does now go into closed session at 11:01 a.m. to conduct interviews with Chief Administrative Officer Candidates pursuant to Sections 239(2)(b) and (d) of the Municipal Act, 2001, as amended at an undisclosed location due to the confidentiality of the matter, and further

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THAT:Council does now hereby go into recess at 11:02 a.m. to travel to the interview site and shall resume the closed session meeting at 12:00 p.m. at the off-site location, and further

THAT:The matter of considering a recommendation to rise with or without report at the conclusion of the closed meeting shall be tabled to the Regular Council Meeting of December 10, 2012 under the New Business Section of the agenda for consideration, and further

THAT:Section 3.5.5 of Council Rules of Procedure By-law No, 145-06, as amended be suspended accordingly, and further

THAT:Section 3.5.7 of Council Rules of Procedure By-law No. 145-06, as amended be suspended in order to permit the Consultant, Ms. Margaret Campbell, to act in the stead of the Clerk for the closed meeting in accordance with the Clerk's delegation of powers. (CARRIED)

Following the recess, Council reconvened in a board room at White Oaks in Niagara-on-the-Lake at approximately 12:00 Noon.

All Members of Council were present and Councillor Collard arrived at approximately 12:20 p.m. Ms. Margaret Campbell of the recruitment firm Odgers Berrntson was also present as Council’s Consultant in this matter and in place of the Clerk.

Council reviewed various materials with the Consultant and proceeded to conduct interviews with candidates for the filling of the Chief Administrative Officer position for the Town of Fort Erie.

(b) Reconvene Into Open Session

Recommendation No. 2 Moved by: Councillor Steckley

THAT:Council-in-Committee does now hereby reconvene into open session at 5:10 p.m. in order to adjourn the meeting. (CARRIED)

6) ADJOURNMENT

Recommendation No. 3 Moved by: Councillor Shular

THAT:The Closed Session – Special Council-in-Committee Meeting hereby adjourns at 5:10 p.m. (CARRIED)

______MAYOR

______CLERK

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Meeting Date, Time, and Location

Monday, November 19th 2012 @ 5:00 PM – Conference Room 3, Fort Erie Town Hall

Members Invited: Members Invitees Adult Advisor Mike Blair Ben McDermott Brittney Whitaker Mayor Doug Martin Shanna Ingram Sydney Shadbolt Jordan Lukacs Liam Stout Adam McLeod Owen Pasincky Chloe Demizio

1) Welcome

Mayor Martin welcomed all members and thanked them for agreeing to be a part of the committee. Mayor Martin talked about the importance of the youth voice in Fort Erie and how council relies on the Mayor’s Youth Advisory Committee to keep it informed on important issues affecting youth in our community. He concluded his remarks by saying that he looks forward to hearing from the committee over the course of the next year.

2) Review Of Terms of Reference/History of Committee

Michael, Brittney and Sydney reviewed the Terms of Reference for the committee. They talked about the mandate and purpose for the committee, how the committee’s membership is formed, and the roles and responsibilities of the executive positions. They also reviewed the procedures and protocols for meetings.

Michael and Ben reviewed some of the history of committee. They talked about some of the successes the committee has had in the past, including giving input on important Town issues, organizing a high school volleyball tournament and youth battle of the bands. They mentioned that over the course of the last year and a half, the majority of the previous members have went off to University and the committee did not have enough members to keep the momentum going. Michael stated that he is hopeful with so many new faces around the table that we can recapture that momentum and get the committee moving in the right direction again.

3) Interim Executive Committee

It was decided by members that while we are waiting for Town Council to officially appoint our new members to the committee, that we would place an interim executive committee in place to provide the group with the leadership required to be a functioning body.

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Members nominated the following members of the committee to executive positions

Chair: Michael Blair Vice Chair: Brittany Whitaker Secretary: Shanna Ingram

These individuals will fill these roles until the committee has reached a quorum, in which the executive positions will be permanently ratified.

4) Recommendation of New Members

Michael stated that the current official members must make a recommendation to appoint new members to the committee. Michael, Brittany and Shanna conferred and requested that the following new members be appointed to the committee….

Liam Stout Sydney Shadbolt Jordan Lukacs Adam McLeod Owen Pasincky Chloe Demizio Hannah Polinski Nick Nagel

Michael, Brittany and Shanna also requested that Town Council remove the following individuals who are no longer interested in participating in the committee.

Tori Sander Rudder Zhang Olivia Palmer Marc A. Gauthier Daniel Stambula

Ben will prepare the necessary information to go to Town Council with regards to these appointments and removals.

5) Other Matters

The committee discussed possibly planning a Youth Forum in 2013, which would be designed to get youth input on what they want the future of Fort Erie to look like in the next 5-10 years. It was mentioned that a forum of this nature was held several years back and was very successful in providing the previous Mayor’s Youth Advisory Committee with direction on what to focus their attention on. This will be discussed in greater detail at the next committee meeting.

Members agreed to communicate via e-mail for the time being. The possibly of setting up a Facebook group to communicate important messages will be explored and discussed at the next committee meeting.

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The meeting was adjourned at 6:15pm. The date and time of the next meeting will be determined by the interim executive and communicated to everyone via email. .

Minutes prepared by: Minutes approved by:

Shanna Ingram Ben McDermott

Secretary Adult Advisor Mayor’s Youth Advisory Committee Mayor’s Youth Advisory Committee

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Meeting Date, Time, and Location

Tuesday, November 6, 2012 at 4:30 p.m. in Conference Room #1

Members Staff Resources

Dennis Hernandez-Galeano, Chair Bob Romanuk, Chief Building Official Diann Krieger, Vice-Chair (regrets) Sean Hutton, Facilities Supervisor Clermont (Clem) Gagnon Bev Bradnam, Executive Assistant to the CAO Alvin Guy and Policy Analyst Enza Iovio Interpreter: Barbara McLeod (regrets) Debbie Notley Moore Ann-Marie Noyes

Councillor Stephen Passero Guest: Robert Peluso, Transit Representative Melissa Finlayson (to 4:45 p.m.)

1) Call To Order

The meeting was called to order at 4:38 p.m. The Chair welcomed the newest member of the AAC, Mr. Robert Peluso who is representing the Transit provider, Tokmakjian.

The Chair also introduced Melissa Finlayson who met prior to the meeting with Enza to discuss American Sign Language (ASL) training. Melissa advised that she has recently moved back to the area. She is a teacher for the deaf as well as a dance teacher. She used her deaf skills to teach children for 15 years. Melissa’s sister is also deaf. Bev advised that we will be determining if Melissa can provide a more informal, flexible type of ASL training for the AAC committee.

Melissa left the meeting at 4:45 p.m.

2) Approval of Minutes

Recommendation No. 1:

Moved by: Clem Gagnon Seconded by: Alvin Guy

THAT: The September 25, 2012 Minutes of the Fort Erie Accessibility Advisory Committee meeting be approved as printed. (CARRIED)

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3) Outstanding Matters

1) Town of Fort Erie Representation on the Regional Accessibility Advisory Committee Nothing new to report.

2) Parking Concerns (keep on outstanding until dealt with) Nothing new to report.

3) Dental Office across from Walmart Bob advised that he has been helping the contractor work out the details for the accessible ramp.

4) Newspaper Distribution Hazard Councillor Passero advised that the Chamber of Commerce has drafted a letter, based on the AAC’s letter, to both newspaper companies stating that businesses pay good dollars for advertisements and both companies need to follow the policy.

5) Accessing Sobeys Plaza and other areas of concern on Garrison Road/Concession and Bertie Street Bev advised that Susan Dunsmore, Development Coordinator, was going to be following up on the suggested improvements for inside of the plaza and Tom Kuchyt, Acting Director of Infrastructure Services, has agreed to make improvements at the crossing where the pole is in the middle of the sidewalk. Tom did note that it may be difficult to ask Bell to move the pole, especially in light of the draft legislation that has not yet been finalized governing public spaces.

6) Active Transportation Committee (ATC) The Chair advised that the last ATC meeting was postponed until this Thursday so he has no updates from the Committee. The Chair did note that a second public meeting presentation was taking place in the Council Chambers regarding the Spears Neighbourhood. The Committee is also looking for two new members; one to represent the highschool age group and the second as a general member. If anyone is interested in participating on the Committee, they were encouraged to contact the Chair. The applications for the Committee are also available on the Town’s website. The Chair also advised that the Town has been chosen to be part of the Walkable Ontario pilot project, beginning with completion of a survey. The Chair noted that a portion of the survey includes accessibility and Bev has helped him complete that section. He noted that there will be a lot of overlap and possible collaboration between the Committees, based on what the AAC has done to date.

7) Age Friendly Initiative Bev advised that she attended an additional Age-Friendly session and will be participating in the Regional Forum on November 9th in Welland.

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3) Outstanding Matters, continued

8) American Sign Language (ASL) Training Following the meeting with Melissa, she will be asked to provide a proposal to the Committee to conduct ASL training in the spring.

9) Request for Additional Audible Signals – Garrison/Thompson and Gilmore/Central Bev advised that she has received confirmation from the Region of the AAC’s request and was advised that they would be providing the details to the CNIB. Bev noted that she had already copied Adam Dupuis of the CNIB on the request. Adam provided a further response to Alvin’s repeat request for audible signals at Gilmore and Central. Adam advised that he still feels that this crossing is a low priority and offered to provide additional training.

10) EAF Funding Application Sean advised that he has received confirmation that the EAF Funding application has been received.

11) Response to the Proposed Design of Public Spaces (Built Environment Standard) The Town’s comments on the draft standard were attached as Appendix “5.11” to the agenda, for information purposes.

12) October 12th Regional AAC Meeting Bev advised that both she and Diann attended the October 12th Regional event at the Balls Falls Conservation Centre. Presenters included Darren Cooney of the Accessibility Directorate and David Lepofsky, who had fought an Ontario Human Rights complaint against the TTC and is the reason that stops are announced on all TTC buses. Bev also advised that Victoria Nolan, an adaptive rower who recently competed in the London Para Olympics, was also another keynote speaker who was very inspirational.

4) Site Plans (if applicable)

A site plan for the proposed addition and renovation to General Vanier School was presented by Bob Romanuk. The following comments will be provided to the Planning Department:

o Parking: The zoning provisions require one Type A and one Type B accessible parking space.

o The height of all raised concrete crosswalk speed humps should match the height of curbs on both sides.

o The raised concrete sidewalk separating the bus lane from parking should have a dropped curb at the north end. o o

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4) Site Plans (if applicable), continued

o The raised concrete sidewalk peninsula between the bus lane and new staff parking should have a dropped curb at its south end.

o The existing crosswalk at Torrance Street should receive dropped curbs.

Enza questioned when the new addition would be open and Bob advised that the construction schedule is set for 2013 but he is unsure of the actual completion date.

5) Accessibility Plan 2011-2012

Sean advised that the Stevensville Hall front entrance improvements have been completed. A number of before and after photographs were shared with the Committee. The improvements include new motion-sensored doors, Type A and Type B with hatch mark accessible parking spaces, improved signage and new steps with a guard rail. Sean noted that the Library also has its own accessible parking spot and ramp to get into the building.

Sean advised that: the Leisureplex, Gibson Centre and Crystal Ridge Arena have all been updated with visual fire alarms; the accessible washroom at Stevensville Hall had the lever changed; and Park washroom barriers/improvements that were identified by the Committee are getting done, including the Crystal Beach Waterfront Park accessible washroom.

Sean noted that $15,000 has been budgeted for accessible improvements and if the EAF funding application is successful, the Town’s 1/3 portion will be from this budgeted amount. If unsuccessful, the budget dollars will be used to remove barriers that have been identified by the Committee.

Dennis questioned if the funding application for improvements at Optimist Park included the parking lot will be part of the improvements. If so, additional accessible parking spaces should be made near the playground and senior fields as a number of grandparents visit the Park to watch their grandchildren play soccer.

Bev also noted that the AODA requires multi-year accessibility plans beginning in 2013 and she will discuss the inclusion of the Transit requirements with Robert.

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6) Opportunities for Awareness

The brainstorming ideas described at the May 29th meeting and slightly revised at the meeting of June 26th were discussed and the following additional comments were made:

Imagine Suggestion Comments 1) Moving sidewalks all over This may be possible sometime in the distant future but Town for now should be removed from the list. 2) All buses/taxis accessible Legislation is moving towards fully accessible transit and ensuring that there are accessible taxis based on population. Dennis described an event where his van had issues on the QEW and an accessible taxi, with a rear entrance, came to provide a ride. He noted that there may be a wait time as they are limited and he believed the provider was 5-0 Taxi. It was noted that accessible school buses that are not used during the day while children are in school should be used for accessible taxis instead of sitting idle. 3) All washrooms, in every Great idea; need to determine what the changes to the building, accessible Building Code will include for accessible washroom requirements. 4) All technical devices have Alvin noted that it is good to know what floor you are on an auditory component whether you have sight or not, in the instance that the automatic (ie. you are at the elevator is crowded. Going forward for public buildings elevator, you are on the changes should be considered to include this type of fourth floor) technology – a tone or bell when it passes a floor and voice activation. It was noted that the Niagara Falls hospital has this. Bob noted that there is an opportunity to provide comment sheets when the Building Code is being reviewed but you need to state the current requirement, proposed change reason and documentation. Bob noted that ideally this would come from the CNIB not just the AAC. Bob noted that a cost analysis also has to accompany the request for change. Bob also noted that they may come back with other alternatives such as plaques for Braille, which Alvin noted would not assist him. Robert noted that this type of technology is becoming more and more common and noted that the Clarion has an audible announcement in their elevators. Robert also noted that it may be as minimal as placement of a little chip and something that triggers it from floor to floor. Bob noted that some transit providers use GPS to produce audible announcements . 5) All doors have operators Reworded to read “all access doors are automatic or motion-sensored”.

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Imagine Suggestion Comments 6) Cars drive themselves Bob noted that they are coming and are now legal in (visually impaired can Nevada. It was suggested to google “self-guided cars in operate) Nevada”. Dennis also noted that this would help regulate the speed limit. Bob noted there could also be special lanes so that the vehicles actually form a high speed train. Alvin noted that there is a tool that is based on GPS that can take you within inches of where you are walking. Ann-Marie advised that one of these units was purchased with a scanner by the Lions at a cost of $1,000. Alvin noted that there is even a gadget that will tell you the colour of our clothes. 7) All audible crossings Continue to encourage audible crossings through the regardless of the road type Region/CNIB 8) Underground City Removed 9) Governor in everyone’s car Ann-Marie noted that the technology is out there and so if you park in an perhaps placing a device in the accessible parking spot accessible space the car with a sensor linked to a sensor on the accessible parking can’t turn off so you have to permit sticker could be considered. Alvin has also noted move it – or a horn that says that the permit should be in the form of a wallet size pass “I’m a jerk” if you try and that would allow you to hang it from the rear view mirror. park in an accessible space Suggestions could be forwarded to the Ministry of without a permit Transportation. Another suggestion was to have tire shredders in the accessible spot that would require you to be equipped with the sensor device or your tires got shredded. Ann-Marie noted that the sensor could be activated when weight is on that spot and if you did not have the sensor device an alarm would sound. Robert noted that all of these ideas are very expensive and sometimes enforcement is a better bet. 10) If car is in motion, driver’s This should not be too much of an inconvenience – hand cell phone won’t work held devices should be used and part of pricing for a new car - ie. blue tooth included. 11) All buildings with more than Bob noted that for multi-storey residential the lower floors one floor have elevators can be designated for persons with disabilities as the cost of an elevator adds a lot to the price and perhaps it can kick in when the storeys exceed 3 in height. Dennis commented that perhaps his friend lives on the second floor and now he is unable to attend a function there without access to an elevator. 12) Able to verbally control There are computers with voice recognition. Confirm with computer – accessible (ie. library if they have or are planning to purchase a library) computer with verbal control. 13) Everyone has basic Under the AODA Accessible Customer Service Standard, accessibility training anyone with one or more employees needs to provide training. Also noted under the comments to begin early (ie. start in school)

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Imagine Suggestion Comments 14) Available oxygen During the May meeting the word “defibrillation” was also added. Clem noted that during the October storm fire fighters checked on him to make sure he had ample oxygen. This suggestion was to make oxygen more readily available out in the public. 15) Adequate services for Bev noted that Community Support Services Niagara will be people to be able to at our next meeting to provide details of services they stay in their homes and provide. Alvin noted that he was supposed to have an get PROPER care and occupational therapist visit his house after his stroke and be FUNDED they never came. He was told that any improvements made to his home before the therapist came would not be covered. 16) Information on Need to continue with seniors expos and raising awareness programs out there and of the programs available what’s available 17) Anybody who needs a Enza advised that she now has a 15 month old guide dog guide dog/animal or named Tessa and that she stayed in Oakville for two weeks assistive device to train. Tessa is still getting used to her new environment at receives one home and work so Enza will take her time bringing her to different places. Presently Enza is focussing on training for wake-up times, the door bell ringing, work sounds and she noted that they are not quite done yet. Enza advised that Tessa is on a leash attached to her around the home and she will start bringing her back to the office for longer periods of times. Enza noted that in Oakville dogs were being trained for seizures, the blind, hearing ear dogs and the cost is $20,000 which includes pay for the trainer, dog immunization and food. Enza noted that there is a level of independence with a guide dog.

It was noted that some assistive devices (wheelchair) can cost up to $15,000 or an elevator can cost $68,000. Ann- Marie advised that some of the walk-in tubs can cost between $10,000 and $20,000 to purchase and install. Alvin noted that a walker can be purchased for $400 through programs but a similar walker at Canadian Tire only costs $89 so there is a disconnect with pricing when it has to be purchased through a government program. 18) Automatic Snow There is warmed pavement at the Casino. Dennis suggested Clearing that at the very least accessible parking spots should be heated so that snow and ice does not get built up. Sean advised that the new Fire Station has brine lines placed in the pavement in front of the truck bays. Alvin advised that he used to know an individual on Ridge Road west side that had a driveway that went downhill and was heated with water pipes.

Page two of the Imagine list will be discussed at the next meeting.

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7) Other Matters

1) Self Evaluation Form – the Self Evaluation Form was provided to the Committee and it was agreed that individuals will complete their own forms for discussion at the next AAC meeting. For those that want to be part of a group response, this will take place at the next meeting. Bev will send electronic word and pdf versions of the form to members.

2) Updated Contact Sheet – Bev will provide members with an updated Contact Information sheet.

3) Stevensville sidewalk work – Ann-Marie advised that a new sidewalk has been completed in front of the Stevensville Post Office and there was no notice provided to the Post Office advising of the work to be done or when it would be completed. The work took place right in front of the portable mail box and if staff had known in advance, mail could have been kept inside the Post Office building for pick-up. Ann- Marie also noted that when staff came to work they felt there was a hazard and placed yellow tape around the area. Bev was asked to follow-up with the appropriate staff. Ann-Marie did note that the sidewalk looks great. Alvin noted that, when any work is done on a sidewalk, a barricade/saw horse should be used to block off the section to ensure the safety of those using the sidewalk.

8) Date for Next Meeting

The next meeting has been scheduled for Tuesday, November 27, 2012 at 4:30 p.m.

9) Adjournment

Recommendation No. 2:

Moved by: Clem Gagnon Seconded by: Alvin Guy

THAT: The November 5, 2012 meeting of the Fort Erie Accessibility Advisory Committee does now hereby adjourn at 6:28 p.m. (CARRIED)

Following the meeting Enza, Dennis and Bev met to discuss the ASL training in further detail.

Minutes recorded and prepared by: Minutes approved by:

Bev Bradnam Executive Assistant to the CAO and Policy Analyst Dennis Hernandez-Galeano, Chair

Cc: Municipal Council

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Meeting Date, Time, and Location

Tuesday October 16th, 2012 at 7:15 pm Conference Room 1

Members

Ann-Marie Noyes, Acting Chair Staff Resources Michael George Russ Wilson, GM, CGDC Joyce Lee Beth Hughes, Admin Assistant Dr. Maynard Luterman, regrets Douglas Martin, Mayor, regrets Jim Miller, regrets Arlene White

Paul Collard, Councillor

1) Call to Order

The Acting Chair called the meeting to order at 7:20 pm and welcomed the new members. Each member introduced themselves and gave a brief statement describing why they chose to serve on the HSA committee.

2) Approve Agenda

Additions to the agenda: Under New Business: Possible Sub-committee to Improve Communications; Appointment of Chair; Revisit By-law No. 73-12; Orientation of Douglas Memorial Hospital and Bridges Community Health Centre for the Benefit of New Members.

Resolution No. 16-12 Michael George – Arlene White

th THAT: The HSA meeting agenda for the October 16 , 2012 meeting be accepted as amended. (CARRIED)

Comments were made that due to the length of time between meetings recalling the minutes is difficult. The chair commented she could not recall discussing many of the changes that were made in the By-law. However will approve for changes can be again suggested to Council.

3) Declaration of Conflict of Interest

N/A

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 55 of 212 Hospital Services Advisory Committee Tuesday October 16th, 2012 Minutes 2

4) Adoption of HSA Committee Minutes of June 5th, 2012.

Ann-Marie Noyes, Acting Chair, hands the position of Chair to Michael George.

Resolution No. 17-12 Ann-Marie – Councillor Collard

th THAT: The HSA Committee hereby adopts the minutes of the meeting held June 5 , 2012.

Michael George, hands the position of Chair back to Ann-Marie Noyes.

5) Business Arising From Minutes

Educating the Public about Availability of Services and Programs – Russ Wilson

Mr. Wilson informed the members that with Dr. Smith’s report now complete the first submission to be placed in the Fort Erie Times outlining services that are being provided at DMH at this time will move forward.

Mrs. Noyes provided the members with newspaper articles about the $500,000 in renovations towards the palliative and complex care programs at DMH. The Douglas Memorial Foundation contributed $175,000. Mr. Wilson in response to comments made by Ms. White advised the committee that the UCC would not be located at the DMH but be a new site (some possible sites are currently being considered) and would be a three P partnership: It was noted that the Niagara Health System website is a place to go to for news and media reports. And that there may already be brochures and other items which describe the services available at DMH available to the public.

Through discussion the members arrived at the following resolution:

Resolution No. 18-12 Michael George – Arlene White

THAT: the HSA Committee members would explore ways and means of providing information of the services that are available in Fort Erie. (CARRIED)

6 New Business

Update re: DMH Palliative Care Program

It was noted that after the renovation the palliative care program at DMH will be, within the region, a centre of excellence and a state of the art facility. It was also noted that this service is one of the anchor services one would want in their hospital.

Passage of Council Resolution re: Dr. Smith’s Report

At the September 24th, 2012 Council meeting, Council passed the following resolution supporting the new South Niagara Hospital and the location of one of the proposed UCCs to be in Fort Erie:

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 56 of 212 Hospital Services Advisory Committee Tuesday October 16th, 2012 Minutes 3

Resolution No. 11 Collard-Shular

WHEREAS Dr. Kevin Smith, NHS Supervisor has tabled his report with the Minister of Health and Long Term Care, The Honourable Deb Matthews, and further

WHEREAS the Town of Fort Erie fully supports the proposed location of the new South Niagara Hospital in the area of Lyons Creek Road and the QEW, and further

WHEREAS the Town of Fort Erie has worked as a willing partner with Dr. Smith and the NHS to develop a vision for health care that will service the residents of the Niagara Region and the Town of Fort Erie well into the future, and further

WHEREAS Dr. Smith has changed his initial recommendation from one Urgent Care to two Urgent Care Centres for South Niagara as a result of the consultation interfaces between himself, the public and local municipal representatives;

NOW THEREFORE be it resolved by the Municipal Council of the Town of Fort Erie that staff are hereby directed to petition Dr. Smith, the NHS and the Minister of Health and Long Term Care to locate one of the two Urgent Care Centres in the Town of Fort Erie, and further

THAT: Dr. Smith, the NHS and the Minister of Health and Long Term Care be informed that the Town of Fort Erie will be a willing and participating partner in the process required to bring about the changes described in Dr. Smith’s report to ensure the highest level of health care is afforded the residents of the Niagara Region and the Town of Fort Erie.

Mrs. Noyes voiced concern for the time lapse until the new South Niagara Hospital is built and the relocation of obstetrics and pediatrics to the new St. Catharines site in the interim.

It was suggested that all members go to the NHS website and read Dr. Smith’s report to be better prepared to discuss these matters at the next HSA meeting in November.

Communication Strategy for Enhanced Interaction with DMH

The members discussed some form of “bridge” so that information can flow in two ways between the hospital and the committee ie: a sub-committee focused on information gathering and disseminating; meeting regularly with the NHS; Mr. Wilson bringing the information back to the committee on a monthly basis; and through the DMH Foundation. It was noted that Jim Miller, HSA committee member is also a member of the DMH Foundation.

Sub-committee to Improve Communication

Under communication strategy for enhanced interaction with DMH a possible sub-committee was one of the information gathering/dissemination means discussed.

Councillor Collard enquired as to the information from meetings with the NHS attended by the Mayor and Mr. Wilson being forwarded to the committee.

Comments were made by members that they find decisions regarding hospital services for Fort Erie are being made without the committee being aware, and therefore there is not opportunity to “advise” or have input.

Appointment of Chair

It was decided to have the new Chair appointed at the November meeting when other members are also present.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 57 of 212 Hospital Services Advisory Committee Tuesday October 16th, 2012 Minutes 4

By-law No. 73-12

All members are to review By-law 73-12 changes as laid out in the June 5th, 2012 minutes and be prepared to discuss at the November meeting.

Orientation of DMH for the Benefit of New Members

Mr. Wilson will arrange for an orientation of DMH and Bridges CHC for the new members and notice of confirmed date and time will be forwarded in advance to the committee. He will try to arrange this to happen on November 6th, 2012 before the meeting begins.

7) Strategic Plan

N/A

8) Next Meeting

Next meeting scheduled for November 6th, 2012 at 7:15 pm in Conference Room 1.

10) Adjournment

Resolution No. 19-12 Councillor Collard

THAT: The meeting does hereby adjourn at 8:50 p.m. (CARRIED)

Minutes recorded by: Minutes approved by:

Beth Hughes, Administrative Assistant Ann-Marie Noyes, Acting Chair CGDC HSA Committee

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 58 of 212 CRYSTAt 8EAC/-/ 6EAUTIFICA77ON CO/1’lñIITTEE

October 27, 2072 minutes RECEIVED fI’leetitig held at: 3880 Victoria Road, C6 - CLji(’S TOWNOFFORTERIE 7 Ca/I To Order: IMeeting was cal/ed to order at 7 P1fl’

2’ Roll Call: Present were Winnie Swaim, to/s Wi/son, Carl Uloth, Vivian Sheridan and Carol oettsche’ Regrets: David Sheridan’ Absent.’ Julie SerIes, April tus/a and Judy taCroix’

3’ Additions to Agenda: there were no additions to the agenda

‘1’ Approval of Agenda: The agenda was presented and approved’ Carl Liloth moved to approve, seconded by to/s Wilson’ Carried’

5’ Declaration of Pecuniary Interest: none

6’ Delegations: none

7’ Approval of /klinutes: minutes of the May 72, 2072 meeting were reviewed and approved’ Approval of tender (Srian Davidson for watering) executed May 72, 2072 as separate minutes were Formally approved’ moved by Carol oettsche, seconded by to/s Wilson, carried’

8’ 8usiness arriving from /1’linutes: none

9- Treasurer’s Report: Carol oettsche moved to approve the Treasurer’s Report; seconded by Vivian Sheridan’ Carried’

motion that the budget for 2013 with second and third year projections be approved’ Moved by tois Wilson, seconded by Carol oettsche’ Carried’

70’ Correspondence: CS8C reviewed two letters from the Town of Ft’ Erie; the first a budget request which has been duly noted and the second, an REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 59 of 212 organizational assessment which has completed and please Find attached It should be noted that this addresses Item 73 on our agenda

77 Report and Discussion of Summer 2072 activities and involvement: We are p/eased and gratified at the 90% score received in the National Floral Display competition Discussions included the Following topics: color and assortment of floral displays, display of informational folder which was prepared for the nationals in Edmonton, and significantly, comments made by the two national judges including their evaluation sheets

72 Plans for 2073: The following actions to be taken: topsoil for the boulevards due to heavy weed infestation this year /1’lemorialplanting for 1-orraine Ifriurphy to be completed after installation of a plaque, pro gram of /‘Plemorialevergreens, an effort to instill local pride with a “beautiful neighborhood” or “beautiful street” designation to participants, Discussion of the litter problem in Crystal 6eacli with the possibility of C&SCstepping up to mitigate the problem, Exploring possibilities of anti-littering legislation, the introduction of Russian Sage as Crystal Seach’s favorite flower to include an affirmation and acknowledgement of participants

73 Committee Evaluation.’ p/ease refer to Item 70

74 69wards certificate display: C88C will attempt to identify local businesses who would display our various certificates to enhance local pride and awareness

T& Other Items: None

76 Nest meeting: at the discretion of Chairman Swalm

77 6ldjournmerit: A motion to adjourn was made by Carol oettsche, seconded by tois Wilson’ Carried

Respectfully submitted,

Carol oettsche

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 60 of 212

Town of ENVIRONMENTAL Fort Erie ADVISORY COMMITTEE

Meeting Date, Time, and Location

5:00. PM, August 22, 2012, Committee Room #3

Members

Present: Chair - Shannon Larocque, Rick Stockton, Janet Kellam, Dan Andrews, Yvonne Hopkins, Ian Twyford, Councillor Paul Collard Matt Kernahan, Senior Development Planner and Kira Dolch Manager of Development Approvals (left meeting at 5:27 PM).

Regrets: Tim Seburn, Reg Julian

Call to Order

Shannon called the meeting to order at 5:04 p.m.

Disclosures of Pecuniary Interest and General Nature

None.

Adoption of Previous Minutes

R. Stockton indicated that he believed that the substance of the presentation regarding the Nigh Road Cell tower made by R. Brady at the previous meeting should be included in the minutes. R. Stockton indicated that he believed that it was indicated at the previous meeting that the placement of the cell tower at the Nigh Road site would not result in the removal of trees and that the minutes had been “sanitized” to remove this.

S. Larocque indicated that the section of the minutes regarding “future delegations” should be clarified to reflect that the Committee is welcome to meet about things outside of the Committees mandate if they meet unofficially, outside of Town Hall and do not have the Staff Liaison at the meeting.

A motion to adopt the minutes was put forward by Y. Hopkins and seconded by J. Kellam.

Motions

N/A

Enquires by Members

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 61 of 212

N/A

New Business

Proposed Nigh Road Cell Tower Site

K.Dolch provided an overview of the process of selecting the proposed location. The proposed location addresses a deficiency in the service area for the cellular providwer. It was explained the initial proposal from the applicant was for private property but that a Council resolution requires that Town lands be considered first. Town IT staff reviewed available Town lands in the service area and provided mapping to the applicant. Based on the applicant’s review of the mapping, the Nigh Road Site best addresses their needs. The proposed location was then reviewed and approved by Senior Management and Land Committee.

Following the applicant’s decision to choose the Nigh Road site as the preferred location, a site plan package was submitted to the Town’s Development Coordinator for review. Industry Canada is the approval authority for telecommunication towers. The Town is a commenting agency only and has no ability to approve or deny an application for a telecommunication tower.

Town Staff are required to undertake public consultation in accordance with Council’s telecommunication tower policy. The results of the consultation are forwarded to the applicant. The applicant then prepares a response to the enquiries made and issues identified through the public consultation process and forwards it to the Director of Community and Development Services. The Director of Community and Development Services then prepares a letter to Industry Canada outlining the Town’s position on the proposed telecommunication tower based on potential land use impacts and whether Council’s policy has been followed.

The purpose of the upcoming report to council is to request permission to enter into a lease agreement for the use of Town Lands and not to “approve” the tower. If the proposed tower was not to be located on Town lands, the report would not be prepared to Council unless Council’s Tower Policy was not followed, which is not the case in this instance.

R. Stockton indicated that he believed the Town should demonstrate environmental stewardship and deem the site as inappropriate. R. Stockton indicated that he believed the site to be a mature and complex woodlot containing in excess of 15 tree species including Shagbark Hickory and Butternut Hickory. R. Stockton indicated that if an alternative site with less environmental impact is available then the alternative site should be chosen.

M. Kernahan is to set up a date and time for EAC to visit the Nigh Road site. If possible, D. Kerns should be present. EAC will provide formal comment following the site visit.

Expansion of EAC Mandate

The prospect of expanding the mandate of EAC to include such things as greening initiatives was discussed. Greening Initiatives are the responsibility of Facilities which is a department of Infrastructure Services. Since the EAC is a committee of Community and Development Services, they presently do not advise Infrastructure Services. It was explained that the expansion to include greening initiatives would require a resolution of Council to expand the Committee’s mandate to include Infrastructure Services.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 62 of 212

There were some questions raised regarding the expertise of the Committee to advise on climate change and greening initiatives.

It was agreed that the Committee would continue to advise Council on items pertaining to the current mandate of the Committee through the distribution of Committee minutes to Council.

Emerald Ash Borer Update

I. Twyford indicated he believed that the drought was accelerating the impact of the Emerald Ash Borer. I. twyford indicated he had a number of questions for the Town’s Arbourist. M. Kernahan to provide I. Twyford with D. Kearns’ contact information.

Beaver Creek Update

M. Kernahan advised that a report had recently been presented to Council regarding the future funding of the project. Staff were directed to provide Council with additional information regarding the contents of the report. M. Kernahan advised that monitoring reports that may be of interest to EAC will be released in January 2013.

I. Twyford advised that the water quality results of the tests completed by the Friends of Fort Erie Creeks indicate that the project has not had an impact on water quality in the creek.

2012 Drought

I. Twyford indicated that he had calculated the approximate water balance for the 2012 summer in Fort Erie. I. Twyford indicated that there was a deficit in precipitation of approximately 250 mm.

Funding from Niagara Community Foundation for EAC Brochures

Y. Hopkins agreed to complete the application for a $500 grant from the Niagara Community Foundation to fund the printing of Native Species Brochures. The application deadline is October 15, 2012.

Species at Risk Seminar

The Town of Fort Erie Infrastructure Services department will be hosting an information session regarding species at risk found in Fort Erie on Thursday, August 30, 2012 from 6:00 PM to 9:00 PM in the Council Chambers at Town Hall.

Next Meeting

The next meeting will take place on September 26, 2012 at 5:00 PM at the Town Hall Committee Room #3.

Adjournment

The meeting adjourned at 7:00 PM. Motion to adjourn was put forward by R. Stockton and seconded by Y. Hopkins.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 63 of 212

Minutes prepared by: Minutes approved by:

Matt Kernahan, MCIP, RPP Shannon Larocque, Chair Senior Development Planner

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 64 of 212

Town of ENVIRONMENTAL Fort Erie ADVISORY COMMITTEE

Meeting Date, Time, and Location

5:00. PM, October 24, 2012, Committee Room #3

Members

Present: Chair (Acting) – Ian Twyford, Rick Stockton, Janet Kellam, Dan Andrews, Reg Julian, Councillor Paul Collard Matt Kernahan, Senior Development Planner, David Heyworth, Manager of Policy Planning and Chris Millar, Neighbourhood Planner (left meeting at 5:40 PM).

Regrets: Tim Seaburn, Shannon Larocque (Chair)

Call to Order

Ian called the meeting to order at 5:10 p.m.

Disclosures of Pecuniary Interest and General Nature

None.

Delegations

C. Millar provided the Committee with an update on the progress to date and the process moving forward towards the completion of the Spears/High Pointe Secondary Plan. C. Millar explained the public consultation process, including Steering Committee meetings, two Public Information Centres and informal consultation that had been undertaken. It was explained that the Plan would be subject to a formal Public Meeting before council in November.

Mr. Millar provided an overview of the Environmental Mapping included in the Plan. Mr. Millar explained that previous input from members of EAC had lead to the addition of an Environmental Corridor east of the Aliston Woods Subdivision. Mr. Millar explained that the Plan has been subject to extensive consultation with the Niagara Peninsula Conservation Authority and that they have no objections to the Natural Environmental Policies and mapping.

The Committee approves and endorses the Spears High Pointe Neighbourhood Plan as presented.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 65 of 212

Adoption of Previous Minutes

A motion to adopt the minutes was put forward by R. Stockton and seconded by J. Kellam.

Motions

N/A

Enquires by Members

M. Kernahan to investigate energy efficiency measures that will be incorporated into the Central Avenue Fire Station Design and report back to the Committee.

New Business

3129 Niagara River Parkway – Site Visit and Draft EIS

M. Kernahan presented a memorandum summarizing EAC’s comments at the October 3, 2012 site visit to the proposed Estate Residential Development at 3129 Niagara River Parkway. R. Stockton requested that a statement be added to the memorandum indicating that EAC sees the proposed development as a leading edge development that should be used as a model for future development within the Town. EAC will provide further direction and comments on the process when a formal application is received.

Board and Committee Self Evaluation

M. Kernahan provided an overview of the Board and Committee Self Evaluation Process. M. Kernahan explained that each Committee Member should complete the Board and Committee Self Evaluation form in advance of the next EAC meeting and bring the completed form to the next meeting. At the next meeting the Chair will lead a round table discussion on each section of the form and the Committee will complete one evaluation form with the answer to each section being reached by consensus. The form completed by consensus will then be forwarded to the Town Clerk.

Proposed Cell Tower in Vicinity of Nigh Road

P. Collard provided an update on the proposed cell tower in the vicinity of Nigh Road/Centralia Avenue that EAC visited in September. The site has been moved to a property on the north side of Dominion Road southwest of the site EAC visited. The site will not be subject to review by EAC or the NPCA or approval by Council. An informal public meeting will be held on October 30. M. Kernahan to circulate the notice of public meeting to the Committee.

Upcoming Reports to Council

P. Collard indicated there are two upcoming reports to Council that the Committee may be interested in, including one on LED streetlighting and one on green building initiatives. These reports are expected in November.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 66 of 212

Spark Symposium on Energy Use

P. Collard indicated he will be attending the Symposium on Energy Use at the Sheraton Airport Hotel on December 6, 2012.

Next Meeting

The next meeting will take place on January 23, 2013 at 5:00 PM at the Town Hall Committee Room #3.

Adjournment

The meeting adjourned at 6:49 PM. Motion to adjourn was put forward by R. Stockton and seconded by J. Kellam.

Minutes prepared by: Minutes approved by:

Matt Kernahan, MCIP, RPP Shannon Larocque, Chair Senior Development Planner

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 67 of 212

Town of ENVIRONMENTAL Fort Erie ADVISORY COMMITTEE

Meeting Date, Time, and Location

5:00. PM, November 28, 2012, Committee Room #3

Members

Present: Tim Seburn, Shannon Larocque - Chair, Ian Twyford, Rick Stockton, Janet Kellam, Dan Andrews, Councillor Paul Collard (left meeting at 6:03 PM) Matt Kernahan, Senior Development Planner,.

Regrets: Reg Julian, Yvonne Hopkins

Call to Order

Shannon called the meeting to order at 5:03 p.m.

Disclosures of Pecuniary Interest and General Nature

None.

Adoption of Previous Minutes

Minutes need to be revised to reflect that S. Larocque was absent. I. Twyford advised that the statement regarding the Spears High Pointe Neighbourhood plan should be amended to indicate that the EAC “accepts and endorses” the plan. A motion to adopt the minutes as amended was put forward by I. Twyford and seconded by R. Stockton.

Motions

N/A

Enquires by Members

I Twyford inquired about press coverage of members of Council communicating with Provincial officials regarding wetlands within industrial areas in the Town. M. Kernahan explained that these are actions of an individual member of Council and that should any member of EAC wish to discuss them, they are within their rights to contact the member of Council directly outside of their role in EAC. M. Kernahan explained the Community and Development Services are not involved with the discussions mentioned in the press and that no work is being undertaken by staff to amend policies related to the wetlands within industrial areas.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 68 of 212

New Business

Board and Committee Self Evaluation

S. Larocque provided an overview of the Board and Committee Self Evaluation Process. S/. Larocque lead a round table discussion on each section of the Board and Committee Self Evaluation form. Each section of the form was completed by consensus and is attached to these minutes. The completed form will be forwarded to the Town Clerk.

Garrison / Helena Commercial Development EIS

A draft EIS has been submitted for review in advance of an upcoming application for a combined Official Plan and Zoning By-law amendment for the lands at the southeast corner of Garrison Road and Helena Street. The purpose of the submission is to obtain the comments of the EAC regarding the scope of the study in advance of the formal submission. The study was scoped in consultation with Town and NPCA Staff.

R. Stockton indicated that the EAC would like to provide guidance on the percent of permeable surface on the property. D. Andrews indicated that consideration should be given to the environmental corridor associated with the former CN Rail lands.

M. Kernahan to arrange a site visit in January. The Committee will provide formal comments following the site visit.

Next Meeting

The next meeting will take place on January 23, 2013 at 5:00 PM at the Town Hall Committee Room #3.

Adjournment

The meeting adjourned at 6:18 PM. Motion to adjourn was put forward by R. Stockton and seconded by D. Andrews.

Minutes prepared by: Minutes approved by:

Matt Kernahan, MCIP, RPP Shannon Larocque, Chair Senior Development Planner

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 69 of 212

Page 70 of 212 of 70 Page 2012 DEC 10 - COUNCIL OF MEETING REGULAR

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6. Our members are given equal and fair opportunities to provide input into the work of the Board/Committee.

7. Our meetings are effective / and contribute to the achievement of our goals. /

8. Our Board/Committee has the appropriate tools and / resources required to achieve our mandate.

9. Our members feel that their work is important to the corn mu n ity.

10. What can be done to enhance our effectiveness?

Submitted by: . Page 71 of212 (Please print name)

On behalf of Lr C-Ack\ hereby acknowledge the completed form reflects the views and opinions of all of the members:

(Signatur4) (Dale) Town of Fort Erie Community and Development Services Our Focus: Your Future

Prepared for Committee-of-the-Whole Report No. CDS-100-1-12 Agenda Date December 10, 2012 File No. 350307-0153

Subject

ROSEHILL AUCTION HOUSE LIMITED SITE PLAN APPLICATION STATUS UPDATE

Summary of Recommendation

THAT the Report CDS-100-1-2012 regarding Rosehill Auction House Limited Site Plan be received for information purposes.

Relation to Council’s 2011-2014 Corporate Strategic Plan

Priority: Economic Development Goal: Goal 6: Engage with and support retention of existing businesses in Fort Erie Goal 7 Promote Fort Erie as the place to invest and do business Initiative: N/A

List of Stakeholders

Town of Fort Erie Rosehill Auction House Limited (Mrs.Geneva Passero-Owner) Norcar Construction and Development (Mr. Carlos Guerra-Project Manager) Ruch and Williams (Gerald Ruch,Solicitor)

Prepared by: Submitted by: Approved by:

Original Signed Original Signed Original Signed

Kira Dolch,MCIP,RPP Richard F. Brady, M.A., Ron Tripp, P.Eng. Manager of MCIP, RPP Acting Chief Administrative Development Approvals Director of Community and Officer Development Services

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 72 of 212 Community and Development Services Page 2 of 3 Report No. CDS-100-1-12

Purpose of Report

The purpose of this report is to provide Council with a site plan process update regarding the Rosehill Auction, the Town’s next steps and to bring forward to Council a request by Upper Canada Consultants to extend the deadline for the completion of site plan process for the Rosehill Auction Lands.

Background

On June 11, 2012 staff prepared a report to Council and offered three alternative strategies to Council regarding the Rosehill Auction site plan process. The alternatives were as follows:

Alternative 1: Council could direct staff to prepare a report to Council in Committee recommending that Council initiate a rezoning application to rezone the lands back to the previous Rural Commercial C7-75 Zone, the Rural Commercial C7-76 Zone and the Rural Commercial C7-201 Zone because the revised Site Plan package was not submitted by the April 23, 2012 deadline. The purpose for the rezoning would be to bring the Rosehill Auction site back to its non-conforming state since the holding provision was not being addressed by the owner. This alternative would allow the Town to take legal action against the owner of the property for contravening the Town’s Comprehensive By-law.

Alternative 2: Council could bring forward a resolution that would establish a deadline for the applicant to complete the Site Plan. Council could consider granting six months following the July 6, 2012 submission to complete the Site Plan process. Given the time that has been afforded to the applicant to complete this process, this is considered a reasonable timeframe. If a site plan is not completed by the deadline, Staff would bring forward a report to Council in Committee recommending that Council initiate the rezoning process to convert the lands back to a nonconforming status.

Alternative 3: Council could direct staff to continue to work with the applicant towards registration of the site plan and to report to council on progress in this regard at a later date.

At this meeting Alternative 2 was chosen and it was required by Council that the site plan process be completed by December 31, 2012.

Analysis

Site Plan Process Update

Planning staff are awaiting the 3rd site plan submission from Rosehill Auction addressing the Town’s, Region’s and Ministry of Transportation’s requested changes. Since the revised site plan submission has not been submitted, staff is not in a position to recommend to Council that the Town enter into a site plan agreement with Rosehill Auction and as a result, the site plan process will not be completed by the deadline of December 31, 2012.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 73 of 212 Community and Development Services Page 3 of 3 Report No. CDS-100-1-12

Since the applicants are unable to meet the deadline set by Council, staff will bring forward a report to Council in Committee recommending that Council initiate the rezoning process (repeal) to convert the lands back to a nonconforming status in accordance with Alternative 2 selected by Council on June 11, 2012.

The process for the rezoning application (repeal) on the subject lands will be as follows:

January 14, 2013 : Initiation report recommending that Council intiate staff to proceed with a Zoning By-law amendment application to bring the Rosehill lands back to the zoning that was in place prior to 2009. February 2013 : Informal Information Meeting Town Hall with area residents March 2013 : Formal Public Meeting and Information to Council. April 2013 : Recomendation Report to Council. April 2013 : Notice of approval or denial will be sent out and details of the 20 day appeal period. May 2013 : If no appeals rezoning process will be complete. June 2013 : charges will be laid on Rosehill Auction.

Request for Extension

On November 19, 2012 staff received a letter from Upper Canada Consultants (Appendix 1) requesting an extension to the site plan process deadline. Upper Canada Consultants has been attempting to schedule a meeting with the Ministry of Transportation to discuss stormwater management issues.

Staff contacted Mr. Kelly from the Ministry of Transportation and he stated in an email dated November 21, 2012 that he has not heard from Upper Canada Consultants with regard to the stormwater management requirements for the Rosehill site but is available to discuss the matter with them.

Alternatives

Should Council wish to direct staff to proceed in an alternative manner; a resolution of Council is required.

Conclusion

This report should be received for information purposes.

Attachments

Appendix 1- Extension Request from Upper Canada Consultants

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 74 of 212 APPENDIX 1 TO ADMINISTRATIVE REPORT CDS-100-1-12 DATED DECEMBER 10, 2012

Upper Canada Planning & Engineering Ltd.

261 Martindale Road UPPERCANADA SiCatharines, ON CONSU LTANTS FNCINFFRS/P(ANNFRS Phone 9O-6BB-94OO Fax 9O5-63-S274

November 19, 2012 File: 1182

Town of Fort Erie

1 Municipal Centre Fort Erie, ON L2A 2S6

Attn: Ms. Susan Dunsmorc, P. Eng. - Development Co-ordinator

Re: Status of Project Rosehill Auction, 1754 Garrison Road, Fort Erie

Further to previous scheduling issues for a meeting with the MTO, we request the deadline for the Site Plan Agreement on the above noted project be extended. The extension is required to coordinate with the MTO stormwater staff to discuss the MTO concerns and methods to resolve these issues that satisfy the Town, Region and MTO. We have again attempted to schedule a meeting with the MTO to discuss the Storrnwater Management Plan issues, and we hope to meet at the MTO offices in Toronto in a few weeks. In addition, the extension of the submission for this project also pertains to the extension of the site specific zoning to this property.

Should you have any question or concerns regarding the information provided, please do not hesitate to contact our office.

Yours very truly, // /) / // 7

C son Schooley,Cng.

cc. Carlo Guerra Robert Kirnpinski

BurIinton St. Caharines

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 75 of 212

The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 124-12 ______BEING A BY-LAW TO AMEND FEES AND CHARGES BY-LAW NO. 40-09 (2013 REVIEW)

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 held on November 7, 2012 Report No. CBC-02-13 was approved to authorize new fees and charges, changes to previously established fees and charges as set out in Appendix “A” annexed thereto, and replacement of the Construction Price Statistics (CPS) with the Consumer Price Index (CPI) relating to the automatic annual increase of certain fees and charges, and

WHEREAS it is deemed desirable to further amend By-law No. 40-09 to approve new fees and charges, changes to previously established fees and charges excluding building permit and plumbing fees, development charges, and water and sewer rates and charges which are established and adopted concurrently with the annual Budget, and to implement CPS and CPI changes with respect to automatic annual increases;

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

1. THAT Section 3 of By-law No. 40-09 as amended, is repealed and the following substituted therefor:

“3. THAT except as otherwise provided herein and in the Schedules attached hereto and forming part of this by-law as amended from time to time, the fees provided for in this by-law shall be automatically adjusted as follows:

Automatic Adjustment of Fees

3.1 (i) Those fees and charges identified for automatic annual increases based on the Statistics Canada Consumer Price Index (CPI) shall be automatically adjusted on January 1st, 2013 and on January 1st in every year thereafter by the Director of Financial Services / Treasurer in an amount, and rounded up or down, as deemed appropriate, based on the 12 months to September 30th Statistics Canada Consumer Price Index,

provided further, that the Director of Financial Services / Treasurer may consider previous index changes, and previous fee adjustments or non- adjustments, and the Director of Financial Services / Treasurer shall inform Council of these annual adjustments, and this By-law and the Schedules attached hereto shall be deemed to have been amended accordingly.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 76 of 212 By-law No. 124-12 Page Two

(ii) Notwithstanding subsection 3.1 (i) above, the Municipal Council of the Town of Fort Erie may determine as appropriate to suspend or alter the automatic annual increase of any fee or charge, by resolution without further amendment to this by-law.”

2. THAT the Live Birth Registration fee as set out in Schedule “LLS-C” to By-law No. 40-09 as amended, is hereby repealed.

3. THAT the following Schedules to By-law 40-09 as amended, are repealed:

Community & Development Services Schedule “CDS-C” Planning Applications, Development Related Services & Committee of Adjustment Application Fees

Fire Services Schedule “FIRE-B” Service Fees & Charges

Infrastructure Services Schedule “IS-D” Cemetery Fees

Legal & Legislative Services Schedule “LLS-C” Fees for Services under the Vital Statistics Act

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

4. 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 10th DAY OF DECEMBER, 2012.

______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. 124-12 of the said Town. Given under my hand and the seal of the said Corporation this day of , 20 .

______

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 77 of 212 Schedule “A” to By-law 124-12

SCHEDULE “CDS-C” to By-law 40-09

COMMUNITY & DEVELOPMENT SERVICES

Planning Applications, Development Related Services & Committee of Adjustment Application Fees

The Planning Act, R.S.O. 1990, c.p.13, as amended, provides municipalities with authority to establish and impose fees and charges. The following fees shall be adjusted annually based on the Statistics Canada Consumer Price Index (CPI). Planning Applications & Development Related Services PLANNING APPLICATION FEE Subdivision/Condominium Application $7,468.00 Draft Plan Application, Plan of Condominium and Condominium Conversion $1,149.00 Preliminary Plan Review & Circulation (discounted from full application) $ 575.00 Re-circulation Final Subdivision Agreement Processing $4,022.00 Amendment to Subdivision Agreement $2,173.00 (plus legal costs) Modification to Draft Approval $1,641.00 (no circulation) $2,298.00 (with circulation) Draft Plan Extension $ 575.00 Site Plan Application $3,447.00 commercial & multiple residential $ 504.00 Pre-consultation (discounted from full application) $ 461.00 without Site Plan Agreement Site Plan Revision & Amendment $ 461.00 without Site Plan Agreement Development Agreement $2,358.00 (plus legal costs) Site Plan Agreement Pre-servicing Agreement Amendment to Site Plan Agreement $1,149.00 (plus legal costs) Amendment to Development Agreement Assumption Agreement associated with a $1,149.00 (plus legal costs) Plan of Condominium All other Assumption Agreements $217.00 (plus registration costs)

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 78 of 212 Schedule “A” to By-law 124-12

Schedule “CDS-C” Page 2 Other Agreements arising out of $ 500.00 minimum conditions of Consent or other Planning $2,000.00 maximum Act approvals (at the discretion of Director of Legal & Legislative Services) Zoning By-law Amendment $5,182.00 $ 755.00 Pre-consultation (discounted from full application) $ 575.00 Re-circulation Official Plan Amendment $6,860.00 $1,007.00 Pre-consultation (discounted from full application) $ 575.00 Re-circulation Combined Official Plan & Zoning $7,824.00 Amendment $1,158.00 Pre-consultation (discounted from full application) $ 575.00 Re-circulation Review of Regional Policy Plan $1,511.00 small Amendment $5,035.00 large Removal of Part Lot Control $ 656.00 Validation Order By-law Removal of Holding Provision Supplemental Administrative Report** Deeming By-law $ 287.00 Conveyance of lands for Reserves $ 217.00 (plus registration costs) Easement, or partial or full release $ 217.00 (plus registration costs) Road Widening Conveyance $ 217.00 (plus registration costs) Inspection and Compliance Letter $ 228.00 (Development, Subdivision & Site Plan Agreements)

Zoning Compliance Letters: Simple Letter (confirms Official Plan and $ 65.00 Zoning By-law designations, and existing and/or

proposed use does or does not conform) Simple Letter Accelerated Service (1 to 2 $ 130.00 days response) Detailed Letter (Simple Letter plus confirms $ 176.00 buildings & other site characteristics conform to

current designations) Detailed Letter Accelerated Service (1 to 2 $ 352.00 days response)

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 79 of 212 Schedule “A” to By-law 124-12

Schedule “CDS-C” Page 3 Dedication of One Foot Reserves $ 217.00 (plus registration costs) Partial Release of Subdivision/ Development $1,084.00 (plus registration costs) Agreement Consent to Release Restrictions, Options, $ 217.00 per consent (plus registration costs) Inhibiting Orders Consent to registrations re: Inhibiting $ 101.00 Orders (subsequent to initial development) Servicing Agreement $2,358.00 (plus registration costs) Lot Grading Agreement $1,149.00 (plus registration costs) **Addendum to Technical Report If an Addendum to a Technical Report is required to address additional issues raised concerning an application, the applicant, prior to further consideration of the matter shall pay this fee to the Town. Committee of Adjustment Application Fees Minor Variance $ 779.00* (single, semi detached or duplex dwelling) OR $1,559.00* (constructing single, semi detached or duplex dwelling without building permit) $1,039.00* (multiple dwelling, commercial and industrial) OR $2,078.00* (constructing multiple dwelling, commercial and industrial without building permit) Full fee for first application plus 50% of fee per additional application. (Multiple applications within Plan of Subdivision/Condominium) Consent Residential: $1,195.00* per lot and $ 156.00 per easement $ 201.00 Pre-consultation (discounted from full application)

Commercial/Industrial: $1,559.00* per lot and $ 213.00 per easement $ 252.00 Pre-consultation (discounted from full application)

Boundary Adjustment: $ 883.00* $ 151.00 Pre-consultation (discounted from full application)

Deed Certification: $ 156.00 Special Hearing $ 541.00 Adjournment Fee 50% of application fee

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 80 of 212 Schedule “A” to By-law 124-12

Schedule “CDS-C” Page 4 Request change in $ 312.00 condition of Consent * Plus surcharge of $10.00 for Lot Identification Poster

All Planning & Committee of Adjustment Applications

Ontario Municipal Board Appeal & Hearing $2,274.00 (plus all planning, engineering and (with Council support) legal fees) * See below

* If an Ontario Municipal Board Appeal is lodged as a result of a By-law and/or Approval of the Council or Committee of Adjustment arising from any application listed above, this fee shall be paid to the Town by the applicant within 14 days after the date of the notice of Appointment of Hearing. The applicant must also remit to the Town all costs incurred by the Town in association with the appeal for planning, engineering and legal fees. Failure to submit the requisite fee may result in Counsel not appearing before the Ontario Municipal Board in support of the matter.

Notwithstanding the foregoing Fees, the Council of the Town of Fort Erie and the Committee of Adjustment of the Town of Fort Erie may waive all or part of the prescribed fees where Council or the Committee is satisfied that it would be unreasonable to require payment and such waiving shall be at the sole discretion of the Council or the Committee.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 81 of 212 Schedule “A” to By-law 124-12

SCHEDULE “FIRE-B” to By-law 40-09

FIRE SERVICES

Service Fees & Charges

The Municipal Act, 2001, S.O. 2001, c.25, as amended, provides municipalities with authority to establish and impose fees and charges.

The following fees shall be adjusted annually based on the Statistics Canada Consumer Price Index (CPI). CATEGORY DESCRIPTION FEE File Search: Letter of Compliance $ 78.00 Insurance Company Report $ 78.00 L.L.B.O. Letter of Compliance $ 78.00 On Site Inspection: Residential $109.00 Multi-unit (apartment) (1-4 units) $182.00 Each unit after 4 units (per unit) $ 41.00 Commercial and Industrial: First 10,000 sq.ft. or any part thereof $207.00 Additional 5,000 sq. ft. or part thereof $ 41.00 Multi-Units (Hotel/Motel): 1 – 10 units $207.00 Over 10 units – per unit $ 31.00 User Facility Program Liability Insurance $100.00 Photograph: 3.5” x 5” $ 5.00 each Private Home Day Care: On Site $104.00 Accreditation Inspection: Daycare Centre $125.00 Nursing Home $182.00 Rest Home $182.00 Old Age Home $182.00 (Inspections that are required to be performed by the Fire Department pursuant to any Town of Fort Erie business licensing by-law in force from time to time, are not subject to the additional fees listed under Accreditation Inspections.) Public Hall Inspection and Occupant Load: $ 94.00 Fireworks Inspection Site Inspection shooting (per inspection) $207.00 and Approval: Site Inspection sale and storage (per inspection) $207.00 Bingo Hall Issuance of Yearly $249.00 Licence Inspection: Propane Facility RSMP Review of Risk Safety Management Plan for Cost Approval: TSSA licence application Fire Suppression: Fire watch at suspicious fire (per hour) $ 55.00 Clean up after a fire (not overhaul) (4 man crew): MTO Rate - Per vehicle – 1st hour $410.00 MTO Rate - Per vehicle -per 30 minutes thereafter $205.00

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 82 of 212 Schedule “A” to By-law 124-12

Schedule “FIRE-B” Page 2

Hazardous materials clean MTO Rate – per vehicle for the first hour $410.00 up and/or mitigation MTO Rate – per vehicle per half hour $205.00 thereafter Additional direct costs plus overhead may apply Secure Building: Cost Response to Vehicle Fire or MTO Rate - Per vehicle – 1st hour $410.00 Extrication (Non-Resident): MTO Rate - Per vehicle -per 30 minutes thereafter $205.00 Out of Control Fire: MTO Rate - Per vehicle – 1st hour $410.00 MTO Rate - Per vehicle -per 30 minutes thereafter $205.00 On-Site Standby: MTO Rate - Per vehicle – 1st hour $410.00 MTO Rate - Per vehicle -per 30 minutes thereafter $205.00 Extraordinary Expenses: The Fire Chief may recover extraordinary expenses incurred to control or eliminate an emergency or to investigate the cause, such as Cost retaining private contractors, renting special equipment, and using unusual consumable materials. Fire Prevention Assistance: Per hour $ 63.00 Training Officer Assistance: Per hour $ 63.00 Boat Service: Per hour (plus 1 hour daily for servicing) $ 86.00 Use of Fire Safety Education Includes Fort Erie Fire Department employee to $420.00 /per day Trailer (Users, outside of accompany and for transportation of the “Fire Fort Erie): Safety House” to and from Fort Erie Mileage for transportation of the “Fire Safety $0.75 /per km House” to and from Fort Erie Use of Fire Training .Use of the Fire Training Centre which includes $420.00 /per day Facility: without limitation, the Training Tower, the Pumping Station Unit and the equipment, materials and facilities therein, used or intended for use in the operation of any part of the Fire Training Centre .Use of the classroom only $ 55.00 /per day (The Fire Chief is delegated authority to waive or adjust the daily fee for joint training and reciprocal training exercises.)

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 83 of 212 Schedule “A” to By-law 124-12

SCHEDULE “IS-D” to By-law 40-09 INFRASTRUCTURE SERVICES

Cemetery Fees

The Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.33, as amended, and Regulations thereto, provides owners of cemeteries with authority to establish price lists. The following fees shall be adjusted annually based on the Statistics Canada Consumer Price Index (CPI), save and except those identified with “NCPI”. RESIDENT RATES Purchase of Interment Rights per Lot Total Interment Care & HST Description Before Total Rights Maintenance (13%) HST The following may contain one casket interment and the cremated remains of 3 persons. Markers and upright monuments are permitted. Adult Grave (Section L Greenwood) $ 568.85 $ 379.23 $ 948.08 $123.25 $1,071.33 Adult Grave (McAffee Standard Plot) $ 614.47 $ 409.65 $1,024.12 $133.14 $1,157.26 Adult Grave $ 494.65 $ 329.77 $ 824.42 $107.17 $ 931.59 The following may contain one casket interment and the cremated remains of 3 persons. Only Flat Markers are permitted. Adult Grave (Section G Greenwood) $ 430.13 $ 286.75 $ 716.88 $ 93.19 $ 810.07 Infant and Child Graves may contain the casketed or cremated remains of one infant or child. Only Flat Markers are permitted. Infant or Child Grave (under 10 $ 226.58 $ 151.05 $ 377.63 $ 49.09 $ 426.72 Years) Cremation Lots other than in McAffee Cemetery may contain the cremated remains of one person. Only Flat Markers are permitted. Cremation $ 226.58 $ 151.05 $ 377.63 $ 49.09 $ 426.72 Cremation (Section L Greenwood) $ 284.43 $ 189.62 $ 474.05 $ 61.63 $ 535.68 Cremation Lots in McAffee Cemetery may contain the cremated remains of 3 persons. Only Flat Markers are permitted. Cremation or Infant Plot $ 302.10 $ 201.40 $ 503.50 $ 65.46 $ 568.96 (McAffee 2’x5’)

Interment Charge (Opening & Closing) * Includes $10.00 Licensing Fee as per Funeral, Burial and Cremations Services Act, 2002 Description Price Before HST HST (13%) Total Adult* $ 549.72 $ 71.46 $ 621.18 Child (1-9 Years)* $ 300.58 $ 39.08 $ 339.66 Infant (Under 1 Year)* $ 150.29 $ 19.54 $ 169.83 Cremation, including Niche opening/closing $ 187.87 $ 24.42 $ 212.29 where applicable (No Licence Fee) Legion Columbarium Niche opening/closing $ 187.87 $ 24.42 $ 212.29 Subsequent In-ground Interment Fee $ 100.70 $ 13.09 $ 113.79 Note: Opening charges do NOT include grass covering, lowering device or tent. Regardless of age, if an adult case is used for a child, an adult fee will apply.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 84 of 212 Schedule “A” to By-law 124-12

Schedule “IS-D” Page 2 NON-RESIDENT RATES Purchase of Interment Rights per Lot Total Interment Care & HST Description Before Total Rights Maintenance (13%) HST The following may contain one casket interment and the cremated remains of 3 persons. Markers and upright monuments are permitted. Adult Grave (Section L Greenwood) $ 995.48 $ 663.66 $1,659.14 $215.69 $1,874.83 Adult Grave (McAffee Standard Plot) $1,075.33 $ 716.88 $1,792.21 $232.99 $2,025.20 Adult Grave $ 865.64 $ 577.09 $1,442.73 $187.55 $1,630.28 The following may contain one casket interment and the cremated remains of 3 persons. Only Flat Markers are permitted. Adult Grave (Section G Greenwood) $ 752.73 $ 501.82 $1,254.55 $163.09 $1,417.64 Infant and Child Graves may contain the casketed or cremated remains of one infant or child. Only Flat Markers are permitted. Infant or Child Grave (under 10 $ 396.50 $ 264.34 $ 660.84 $ 85.91 $ 746.75 Years) Cremation Lots other than in McAffee Cemetery may contain the cremated remains of one person. Only Flat Markers are permitted. Cremation $ 396.50 $ 264.34 $ 660.84 $ 85.91 $ 746.75 Cremation (Section L Greenwood) $ 497.74 $ 331.83 $ 829.57 $107.84 $ 937.41 Cremation Lots in McAffee Cemetery may contain the cremated remains of 3 persons. Only Flat Markers are permitted. Cremation or Infant Plot $ 528.68 $ 352.45 $ 881.13 $114.55 $ 995.68 (McAffee 2’ x 5’)

Interment Charge (Opening & Closing) * Includes $10.00 Licensing Fee as per Funeral, Burial and Cremation Services Act, 2002 Description Price Before HST HST (13%) Total Adult* $ 962.02 $125.06 $1,087.08 Child (1-9 Years)* $ 526.02 $ 68.38 $ 594.40 Infant (Under 1 Year)* $ 263.02 $ 34.19 $ 297.21 Cremation, including Niche opening/closing $ 328.77 $ 42.74 $ 371.51 where applicable (No Licence Fee) Legion Columbarium Niche opening/closing $ 328.77 $ 42.74 $ 371.51 Subsequent In-ground Interment Fee $ 176.23 $ 22.91 $ 199.14 Note: Opening charges do NOT include grass covering, lowering device or tent. Regardless of age, if an adult case is used for a child, an adult fee will apply.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 85 of 212 Schedule “A” to By-law 124-12

Schedule “IS-D” Page 3

GREENWOOD COLUMBARIUM (48 Niche Dome Unit)

Care & Opening Price Before HST Level Base Price Wreath Total Maintenance & Closing HST (13%) F $867.58 $153.11 $500.00 $187.87 $1,708.56 $222.11 $1,930.67 E $867.58 $153.11 $500.00 $187.87 $1,708.56 $222.11 $1,930.67 D $960.14 $169.45 $500.00 $187.87 $1,817.46 $236.27 $2,053.73 C $960.14 $169.45 $500.00 $187.87 $1,817.46 $236.27 $2,053.73 B $867.58 $153.11 $500.00 $187.87 $1,708.56 $222.11 $1,930.67 A $682.43 $120.44 $500.00 $187.87 $1,490.74 $193.80 $1,684.54 Each niche shall have the cremated remains of not more than two (2) persons. Purchase of a niche in the columbarium includes the rights for interment per niche, care and maintenance, wreath name plaque, one cremation opening and closing.

GREENWOOD COLUMBARIUM (72 Niche Dome Unit) & RIDGEWAY MEMORIAL COLUMBARIUM (72 Niche Dome Unit)

Care & Opening Price Before HST Level Base Price Wreath Total Maintenance & Closing HST (13%) F $852.00 $150.36 $500.00 $1,502.36 $195.31 $1,697.67 E $852.00 $150.36 $500.00 $1,502.36 $195.31 $1,697.67 D $944.56 $166.70 $500.00 $1,611.26 $209.46 $1,820.72 C $944.56 $166.70 $500.00 $1,611.26 $209.46 $1,820.72 B $852.00 $150.36 $500.00 $1,502.36 $195.31 $1,697.67 A $666.85 $117.69 $500.00 $1,284.54 $166.99 $1,451.53

Each niche shall have the cremated remains of not more than two (2) persons. Purchase of a niche in the columbarium includes the rights for interment per niche, care and maintenance, and wreath name plaque. The opening and closing fees are billed separately at the time of interment. McAFFEE RAYNER COLUMBARIUM 1 (64 Niche) Care & Opening & Price Before HST Base Price Wreath Total Maintenance Closing HST (13%) $1,158.46 $204.45 $187.87 $1,550.78 $201.60 $1,752.38 Each niche shall have the cremated remains of not more than two (2) persons. Purchase of a niche in the columbarium includes the rights for interment per niche, care and maintenance, and one cremation opening and closing. McAFFEE RAYNER COLUMBARIUM 2 (64 Niche) Care & Opening & Price Before HST Base Price Wreath Total Maintenance Closing HST (13%) $1,142.89 $201.70 $1,344.59 $174.80 $1,519.39 Each niche shall have the cremated remains of not more than two (2) persons. Purchase of a niche in the columbarium includes the rights for interment per niche, and care and maintenance.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 86 of 212 Schedule “A” to By-law 124-12

Schedule “IS-D” Page 4 LEGION COLUMBARIUM 2 AT GREENWOOD CEMETERY (64 Niche) Care & Opening & Price Before HST Base Price Wreath Total Maintenance Closing HST (13%) Contact the Legion $100.00 $100.00 $13.00 $113.00 Each niche shall have the cremated remains of not more than two (2) persons. Niches in the columbarium must be arranged through the Cemetery Chairman of Royal Canadian Legion, Branch 71. DISINTERMENT RATES (Opening & Closing Only) Price Description HST (13%) Total Before HST Casket $1,138.68 $148.03 $1,286.71 Cremation $ 332.17 $ 43.18 $ 375.35 Note: All casket burial disinterments will be contracted out with Cemetery staff doing the opening and closing only. Relocation of disinterments in Town-owned cemeteries will require the purchase of new interment rights and opening and closing fees on new graves. ADDITIONAL SERVICES CHARGES (Over & Above Normal Burial Charges) Total Description HST (13%) Total Before HST Saturday Burial – Casket $348.93 $45.36 $394.29 Saturday Burial – Cremation $196.37 $25.53 $221.90 Statutory Holiday – Casket $756.01 $98.28 $854.29 Statutory Holiday – Cremation $425.46 $55.31 $480.77 Late Arrival to Cemetery for Interment (charged for every part hour) Weekdays after 4:00 p.m. and Saturday after $ 50.35 $ 6.55 $ 56.90 2:00 p.m. Statutory Holidays after 2:00 p.m. $100.70 $13.09 $113.79 Note: Normal working hours are 7:30 a.m. – 4:00 p.m., Monday to Friday. Saturdays are NOT considered to be normal working hours. No interments are scheduled on a Sunday. OTHER CHARGES Care & Total Description HST (13%) Total Maintenance Before HST Optional Cremation Above-Ground $100.70 $13.09 $113.79 Setup (including lowering device) Preparation of Transfer of Ownership, $ 47.83 $ 6.22 $ 54.05 per lot or niche Provide Duplicate Interment Rights $ 31.72 $ 4.12 $ 35.84 Certificate, per lot or niche Charge for Setting Marker & Pouring Foundation Construction of Monument Foundation $ 23.96 $ 3.11 $ 27.07 (Per Cubic Foot of Concrete) Minimum Charge for Foundation $272.27 $35.40 $307.67

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 87 of 212 Schedule “A” to By-law 124-12

Schedule “IS-D” Page 5 Flat Marker Installation

Installation Care & Total HST (13%) Total Maintenance Before HST Under 173 Square Inches $80.46 $ 80.46 $10.46 $ 90.92 Over 173 Square Inches $86.23 $ 50.00 (NCPI) $136.23 $17.71 $153.94 Upright Marker Care & Maintenance Under 4 Feet in Height or Width $100.00 (NCPI) $100.00 $13.00 $113.00 Over 4 Feet in Height or Width $200.00 (NCPI) $200.00 $26.00 $226.00

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 88 of 212 Schedule “A” to By-law 124-12

SCHEDULE “LLS-C”

to By-law 40-09

LEGAL & LEGISLATIVE SERVICES

Fees for Services under the Vital Statistics Act (as amended or replaced from time to time)

The Municipal Act, 2001, S.O. 2001, c.25, as amended, provides municipalities with authority to establish and impose fees and charges.

Description Fee

Marriage Licence $125.00 Burial Permits / Death Registrations $ 20.00 Registrar Statement $ 15.00

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 89 of 212 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 125-12 ______BEING A BY-LAW TO ASSUME PRIMARY SERVICES (DEVELOPMENT AGREEMENT WITH 1769052 ONTARIO LIMITED - LEVY)

WHEREAS By-law No. 67-10 authorized the entry into a Development Agreement with 1769052 Ontario Limited (Timothy Levy) in order to control the development of certain lands on the east side of Lakewood Avenue and west side of Westwood Avenue, South of Rebstock Road created by Consent Applications B27/09 and 30/09, and

WHEREAS Section 11 of the Development Agreement provides that municipal services shall be assumed by the Town in two stages, namely, by Council first passing an Assumption By-law for Off- Site Primary Services after the Director of Infrastructure Services approves the Certificate of Final Acceptance for Off-Site Primary Services, and secondly, an Assumption By-law for Off-Site Secondary Services after the Director of Infrastructure Services approves the Certificate of Final Acceptance for Off-Site Secondary Services, and

WHEREAS the Director of Infrastructure Services has approved the Certificate of Final Acceptance for Primary Services for the said development, and

WHEREAS it is deemed desirable to assume the Off-Site Primary Services for the said development;

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

1. THAT the following Off-Site Primary Services identified on the approved servicing plans and required pursuant to the Development Agreement registered as Instrument Number SN297786 are assumed by the Town of Fort Erie, namely:

a) Water Distribution System and Appurtenances (Extension of approximately 121 metre watermain between Small’s Road and Rebstock Road)

pursuant to the Certificate of Final Acceptance for Primary Services dated April 16, 2012.

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 10th DAY OF

DECEMBER, 2012.

______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. 125-12 of the said Town. Given under my hand and the seal of the said Corporation this day of , 20 . ______

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 90 of 212 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 126-12

______

BEING A BY-LAW 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 LOTS 256 AND 257, PLAN 62/NOW PLAN 402 File No. 350311

WHEREAS Subsection 4 of Section 50 of the Planning Act R.S.O. 1990, c.P.13 authorizes the Council of a municipality to designate by by-law any plan of subdivision or part thereof that has been registered for eight years or more which shall be deemed not to be a registered plan of subdivision for the purposes of Subsection 3 of Section 50 of the said Planning Act; and

WHEREAS it is proposed to develop the lands described in Section 2 herein and it is desirable to designate these lands pursuant to the provisions of Subsection 4 of Section 50 of the said Planning Act in order to ensure that all of these lands will be appropriately developed; and

WHEREAS the registered owner of the lands described in Section 2 of this by-law have consented to this by-law;

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

1. THAT those parts of the registered plan of subdivision described in Section 2 of this by-law are hereby deemed not to be a part of a registered plan of subdivision for the purposes of Subsection 3, Section 50 of The Planning Act R.S.O. 1990, c.P.13.

2. THAT the lands referred to in section 1 are described as all and singular that certain parcel or tract of land and premises situate along and being in the Town of Fort Erie, in the Regional Municipality of Niagara, being composed of Lot Nos. 256 and 257, according to Plan 62, Now Plan 402, except Plan 422, being all of PIN 64180-0161 (LT).

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 91 of 212

By-law No. 126 -12 Page Two

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 10TH DAY OF DECEMBER, 2012.

______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. 126-12 of the said Town. Given under my hand and the seal of the said Corporation this day of , 20 .

______

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 92 of 212 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 127-12 ______BEING A BY-LAW TO ASSUME PRIMARY SERVICES IN THE PROSPECT POINT SUBDIVISION - PLAN 59M-265

WHEREAS By-law No. 123-98 authorized the Mayor and Clerk to execute the Subdivision Agreement for the Prospect Point Subdivision, and

WHEREAS Section 10.7 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 the Director of Infrastructure Services has approved the Certificate of Final Acceptance for Primary Services for the said subdivision, and

WHEREAS it is deemed desirable to assume the Primary Services for the said subdivision;

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

1. THAT the following Primary Services identified on the approved servicing plans for the Prospect Point Subdivision registered as Plan No. 59M-265 are assumed by the Town of Fort Erie, namely:

a) Water Distribution System and Appurtenances, b) Sanitary Sewage Collection System and Appurtenances, c) Storm Drainage Collection System and Appurtenances, and d) Streetlights,

pursuant to the Certificate of Final Acceptance for Primary Services dated December 3, 2012.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF

DECEMBER, 2012.

______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. 127-12 of the said Town. Given under my hand and the seal of the said Corporation this day of , 20 . ______

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 93 of 212 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 128-12 ______BEING A BY-LAW TO ADOPT THE ACCESSIBILITY POLICY FOR THE TOWN OF FORT ERIE

WHEREAS Section 3 of Ontario Regulation 191/11 made under the Accessibilities for Ontarians with Disabilities Act, 2005 provides that:

(1) every obligated organization shall develop, implement and maintain policies governing how the organization achieves or will achieve accessibility through meetings its requirements referred to in the Regulation, and

(2) obligated organizations shall include a statement of organizational commitment to meet the accessibility needs of persons with disabilities in a timely manner in their policies, and

(3) every designated public sector organization shall prepare one or more written documents describing its policies, make the documents public available, and shall provide them in an accessible format upon request, and

(4) obligated organizations shall meet the requirements of this section according to the following schedule: for large designated public sector organizations, January 1, 2013, and

WHEREAS Report No. CAO-24-2012 was approved at the Council-in-Committee meeting of December 3, 2012 directing that a by-law be submitted to the Council Meeting of December 10, 2012 to adopt the Town of Fort Erie Accessibility Policy, and

WHEREAS it is deemed desirable to adopt the Town of Fort Erie Accessibility Policy in the form of Schedule “A” annexed hereto to this by-law;

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

1. THAT the Town of Fort Erie Accessibility Policy in the form of Schedule “A” annexed hereto to this by-law be and it is hereby adopted.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10th DAY OF DECEMBER, 2012.

______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. 128-12 of the said Town. Given under my hand and the seal of the said Corporation this day of , 20 . REGULAR MEETING OF COUNCIL - 10 DEC 2012 ______Page 94 of 212 Schedule "A" to By-law No. 128-12 Town of Fort Erie

ACCESSIBILITY POLICY

HELPING MAKE ONTARIO ACCESSIBLE BY 2025

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 95 of 212 Town of Fort Erie

ACCESSIBILITY POLICY

Table of Contents Policy Statement ...... 1 Application ...... 1 Purpose ...... 2 Definitions ...... 2 Description ...... 4 1. Customer Service ...... 5 1.1 Assistive Devices ...... 5 1.2 Service Animals ...... 6 1.3 Support Persons ...... 6 1.4 Service Disruptions ...... 6

2. General Requirements ...... 7 2.1 Accessibility Planning ...... 7 2.2 Procurement/Self-Service Kiosks ...... 7 2.3 Training ...... 7 2.4 Feedback ...... 8 2.5 Accessible Formats and Communication Supports ...... 8

3. Information and Communication ...... 8 3.1 Websites and Web Content ...... 8

4. Employment...... 9

5. Transportation ...... 9

Review Period ...... 10

Responsibilities ...... 10

Non-Compliance with Policy ...... 10

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 96 of 212 Town of Fort Erie

ACCESSIBILITY POLICY

POLICY STATEMENT

The Town of Fort Erie is committed to meeting the accessibility needs of people with disabilities in a timely and proactive manner and will use reasonable efforts to provide equitable access to programs, goods, services and facilities in a way that takes into account the following key principles:

Dignity: Service is provided in a respectful manner consistent with the needs of the individual.

Independence: Services for persons with disabilities shall support their independence while respecting their right to safety and personal privacy.

Equity/Equality of Outcome: Service outcome is the same for persons with disabilities as for persons without disabilities.

Integrated: Services allow people with disabilities to fully benefit from the same services, in the same place and in the same or similar way as other customers.

Sensitive: Service is provided in a manner that is respectful to an individual’s needs.

Responsive: Service is delivered in a timely manner, considering the nature of the service and the accommodation required.

Inclusive: We are committed to an inclusive environment as one where people experience both the feeling and reality of belonging and where, as a result, they are able to fulfill their potential.

APPLICATION

This policy applies to all Town of Fort Erie employees, volunteers and agents who provide goods, services or facilities on behalf of the Town or who develop policies for the organization.

The requirements set out in this policy are not a replacement or a substitution for the requirements established under the Human Rights Code nor do the standards or policy limit any obligations owed to persons with disabilities under any other legislation.

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REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 97 of 212 Town of Fort Erie

ACCESSIBILITY POLICY

PURPOSE

This policy identifies how the Town of Fort Erie achieves and maintains accessibility by meeting the requirements of the accessibility standards of the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), the Accessibility Standards for Customer Service established by Ontario Regulation 429/07, and the Integrated Accessibility Standards established by Ontario Regulation 191/11, and any future regulations as amended.

DEFINITIONS

“Accessibility Plan” means a document approved by Municipal Council and made available to the public that includes the municipality’s strategy to identify, remove and prevent barriers to people with disabilities and meets the requirements under the enacted regulations of the AODA, and all other information and actions required under the Ontarians with Disabilities Act, 2001 (ODA).

“Accessible formats” may include, but are not limited to, large print, recorded audio and electronic formats, Braille and other formats used by people with disabilities.

“Accommodation” means the special arrangement made or assistance provided so that people with disabilities can participate in the experiences available to people without disabilities. Accommodation will vary depending on the person’s unique needs.

“Agent” means a third party individual or organization who deals directly with members of the public to provide a program, service or facility on behalf of the municipality.

“Barrier” means anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability including physical, architectural, information and communications, attitudinal, technological, policy or practice barriers.

“Communications” means the interaction between two or more persons or entities, or any combination of them, where information is provided, sent or received.

“Communication Supports” may include, but is not limited to, captioning, augmentative sound devices, plain language, sign language and other supports that facilitate effective communications.

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REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 98 of 212 Town of Fort Erie

ACCESSIBILITY POLICY

DEFINITIONS, continued

“Conventional Transportation Services” means public passenger transportation services on transit buses that are provided by a designated public sector transportation organization.

“Designated Public Sector Organization” means every municipality and every person or organization listed in Column 1 of Table 1 of Ontario Regulation 146/10 (Public Bodies and Commission Public Bodies – Definitions) made under the Public Service of Ontario Act, 2006.

“Disability” (as defined in the Ontario Human Rights Code) means: a) Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; b) A condition of mental impairment or a developmental disability; c) A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; d) A mental disorder; or e) An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

“Information” includes data, facts and knowledge that exists in any format, including text, audio, digital or images, and that conveys meaning.

“Internet Website” means a collection of related web pages, images, videos or other digital assets that are addressed relative to a common Uniform Resource Identifier (URI) and is accessible to the public.

“Kiosk” means an interactive electronic terminal, including a point-of-sale device, intended for public use that allows users to access one or more services or products or both.

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REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 99 of 212 Town of Fort Erie

ACCESSIBILITY POLICY

DEFINITIONS, continued

“Mobility Aid” means a device used to facilitate the transport, in a seated posture, of a person with a disability.

“Mobility Assistive Device” means a cane, walker, wheelchair, scooter or similar aid.

“Redeployment” means the reassignment of employees to other departments or jobs within the organization as an alternative to layoff, when a particular job or department has been eliminated.

“Service Animal” means a ‘guide dog’ as defined in section 1 of the Blind Persons’ Rights Act, R.S.O. 1990, c.B.7; or an animal used by a person with a disability, including but not limited to a dog if it is readily apparent that such animal is used by the person for reasons related to his or her disability; or if the person provides a letter from a physician or nurse confirming that the person requires such animal for reasons relating to his or her disability.

“Specialized Transportation Services” means public passenger transportation services that are provided by a designated public sector transportation organization and are designed to transport persons with disabilities.

“Support Person” means a person who accompanies a person with a disability in order to help with communication, mobility, personal care, medical needs, or with access to goods, services, programs, and facilities.

“Web Content Accessibility Guidelines” means the world wide web consortium recommendation, dated December 2008, entitled “Web Content Accessibility Guidelines (WCAG) 2.0”.

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REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 100 of 212 Town of Fort Erie

ACCESSIBILITY POLICY

DESCRIPTION

This Accessibility Policy functions as an overarching policy for the requirements of the accessibility standards developed under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) as follows:

1. Customer Service (Ontario Regulation 429/07) 2. General Requirements (Integrated Accessibility Standards, O. Reg. 191/11) 3. Information and Communication (Integrated Accessibility Standards, O. Reg. 191/11) 4. Employment (Integrated Accessibility Standards, O. Reg. 191/11) 5. Transportation (Integrated Accessibility Standards, O. Reg. 191/11) 6. Built Environment (Design of Public Spaces) - (under development)

The Town of Fort Erie achieves compliance with the AODA through the following directives:

1. CUSTOMER SERVICE

The Town of Fort Erie is committed to providing excellent customer service to everyone, including people with disabilities. When serving customers with disabilities, reasonable efforts shall be made to provide the same level of service given to all customers and service shall be provided in a manner that respects the customer’s dignity and independence. The Accessible Customer Service (ACS) Policy, No. ADP 01-2009, was adopted in May, 2009. The contents of the ACS Policy are now included in this document, where appropriate.

1.1 Assistive Devices: Persons with disabilities shall be permitted to obtain, use or benefit from goods or services through the use of their own mobility assistive devices or mobility aids.

In the event that a person with a disability is hindered from accessing goods or services and after consulting with the customer, the Town of Fort Erie will accommodate the customer by using any other assistive measures available such as but not limited to providing temporary access to other assistive devices, aids, or a support person.

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REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 101 of 212 Town of Fort Erie

ACCESSIBILITY POLICY

1. CUSTOMER SERVICE, continued

1.2 Service Animals: The Town welcomes service animals into all Town-owned or operated facilities where the public is allowed. Service animals will be allowed to accompany a person with a disability to allow them to access facilities and services.

If a service animal is otherwise excluded from the premises by law, Town staff members will ensure that other measures are available to enable the person with a disability to obtain use or benefit from the goods or services provided by the Town.

Owners of service animals may receive information from staff as to the location of fresh water for the service animal and where service animals may be walked to relieve themselves.

1.3 Support Persons:

Support Persons are permitted entry to all Town facilities and meeting rooms which are open to the public. The Town reserves the right to request the person with a disability be accompanied by a support person, in the event that it is considered necessary to protect the health and safety of the person with a disability or others on the premises.

If admission to an event is permitted and fees are payable to a third party, the Support Person is permitted to attend the event at their own cost.

If admission to an event is permitted and fees are payable to the Town, the Support Person is permitted to attend at no cost.

1.4 Service Disruptions:

If a temporary disruption of service is planned, the Town will give notice of the disruption, consistent with the Town’s notification policy.

Notice may be given by posting the information in a conspicuous place on the premises, through use of social media, or by posting the notice on the Town’s website.

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REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 102 of 212 Town of Fort Erie

ACCESSIBILITY POLICY

2. GENERAL REQUIREMENTS

2.1 Accessibility Planning

The Town of Fort Erie will establish, implement, maintain and document a multi-year accessibility plan in accordance with the AODA. The multi-year accessibility plan will outline the ways the Town will prevent and remove barriers and meet the requirements of the standards developed under the AODA.

The multi-year accessibility plan will be:

reviewed and updated at least every five years, and

established, reviewed and updated in consultation with persons with disabilities and the Town of Fort Erie’s Accessibility Advisory Committee.

An annual status report on the progress of measures taken to implement the multi- year accessibility plan will be prepared. The multi-year accessibility plan and accompanying status report will be posted on the Town’s web-site and provided in an accessible format upon request.

2.2 Procurement/Self-Service Kiosks

Where possible, the Town of Fort Erie will incorporate accessibility criteria and features when procuring or acquiring goods, services, facilities and self-service kiosks. If it is not practicable to do so, staff shall provide an explanation, upon request.

2.3 Training

All individuals to whom this policy applies will be trained in accordance with the regulations under the AODA. The Town will keep a record of the training provided, including the dates on which training is provided and the number of individuals trained.

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REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 103 of 212 Town of Fort Erie

ACCESSIBILITY POLICY

2. GENERAL REQUIREMENTS, continued

2.4 Feedback

The Town of Fort Erie has processes for receiving and responding to feedback on the manner in which the Town provides goods and services to customers. Town departments will ensure that these feedback processes are accessible to people with disabilities by providing or arranging for the provision of accessible formats or communication supports upon request.

2.5 Accessible Formats and Communication Supports

Town departments will, upon request, provide or arrange for the provision of accessible formats or communication supports for people with disabilities. This will be done in consultation with the person making the request, in a timely manner that takes into account the person’s accessibility needs and (if the original product has a cost) at a cost that is no more than the regular cost charged to other persons.

3. INFORMATION AND COMMUNICATION

3.1 Websites and Web Content

Internet websites and web content controlled directly by the Town of Fort Erie or through a contractual relationship that allows for modifications of the product will conform to the World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 at Level A and AA in accordance with the schedule set out in the Information and Communications Standards.

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REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 104 of 212 Town of Fort Erie

ACCESSIBILITY POLICY

4. EMPLOYMENT

The Town of Fort Erie will create an accessible work environment for all employees across the employment life cycle, in accordance with the requirements and timelines set out in the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) under the AODA and, in particular, Part III Employment Standards of such Regulation by:

Ensuring the recruitment process is inclusive of people with disabilities; Informing employees of supports available for employees with disabilities; Accommodating employees with disabilities under the AODA in the areas of: o Workplace emergency response information; o Information and communications needed to perform the employee’s job or that is generally available to employees in the workplace; and o Other accommodations as required; Taking into account employee accommodations in: o Performance management; o Career development and advancement; and o Redeployment; and Developing and implementing a return to work process for employees who have been absent from work due to a disability and require disability-related accommodations in order to return to work.

5. TRANSPORTATION

The Town of Fort Erie is committed to providing accessible public transportation services through both conventional and specialized transit services, in accordance with the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) under the AODA and, in particular, part IV, Transportation Standards, of such Regulation.

This will be accomplished through the development and implementation of policies, practices, procedures, resources, equipment, and training in the provisions outlined in the Integrated Accessibility Standards Regulation under the AODA.

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REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 105 of 212 Town of Fort Erie

ACCESSIBILITY POLICY

REVIEW PERIOD

This policy shall be reviewed once per Council term and will be revised in light of any legislative or organizational changes. Notice for the review of this policy shall be given in accordance with the Town’s Notice Policy (By-law No. 206-07).

RESPONSIBILITIES

The Town of Fort Erie Municipal Council and staff are responsible for adhering to the parameters of this policy and for ensuring the needs of people with disabilities are addressed in municipal goods, services, programs and facilities.

The Office of the CAO will act as corporate coordinator for designated standards under the AODA and are responsible for the coordination, implementation and monitoring of the legislated requirements of the AODA.

The Town of Fort Erie Accessibility Advisory Committee is responsible for reviewing and advising Municipal Council on how the Town of Fort Erie is complying with the regulations under the AODA.

NON-COMPLIANCE WITH POLICY

Failure to comply with the AODA regulations can result in administrative penalties as defined in Part V: Compliance of the Integrated Accessibility Standards, Ontario Regulation 191/11. Employees who fail to comply with this policy may be subject to disciplinary action. Agents who fail to comply with this policy may be subject to contract termination.

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REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 106 of 212 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 129-12 ______BEING A BY-LAW TO AUTHORIZE THE ACCEPTANCE OF A DONATION OF LAND AND BUILDING FROM THE PROPERTY OWNERS’ ASSOCIATION OF THE THUNDER BAY AREA (NIAGARA DISTRICT) (2973 HYMAN AVENUE)

WHEREAS the Property Owners’ Association of the Thunder Bay Area (Niagara District) (“POATBA”) is the owner of certain lands and building municipally known as 2973 Hyman Avenue, and is desirous of donating and transferring ownership to The Corporation of the Town of Fort Erie for public park purposes, and

WHEREAS at the Council-in-Committee meeting held on November 19, 2012, the Municipal Council of the Town of Fort Erie approved Report No. CDS-95-12 authorizing the acceptance of the donation from POATBA upon approval of POATBA’s full membership at its next Special General Meeting, and the entry into a Letter of Agreement for the donation and transfer of the lands, and

WHEREAS the membership of POATBA approved the donation to The Corporation of the Town of Fort Erie at its Special General Meeting held on December 4, 2012, and

WHEREAS it is deemed desirable to accept the donation and transfer of the lands and building from POATBA for public park purposes, and to enter into a Letter of Agreement with respect to the transaction;

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

1. THAT the acceptance of a donation and Transfer of the lands and building municipally known as 2973 Hyman Avenue, and legally described as:

Lots 235 to 237 inclusive, Lots 243 to 252 inclusive, and Lots 260 to 270 inclusive, Plan 439, Bertie; Fort Erie, being all of PIN 64201-0061 (LT),

for the consideration of One ($1.00) Dollar for public park purposes, from the Property Owners’ Association of the Thunder Bay Area (Niagara District) (“POATBA”), is hereby authorized and approved.

2. THAT the entry into a Letter of Agreement with POATBA for the donation and transfer of the lands and building, in a form satisfactory to the Town’s legal counsel, is hereby authorized and approved.

3. THAT the Mayor and Clerk are hereby authorized and directed to execute the Letter of Agreement and all documentation required to complete the transfer of the lands and building, and to affix the corporate seal thereto.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 107 of 212 By-law No. 129 Page 2

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF DECEMBER, 2012.

______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. 129-12 of the said Town. Given under my hand and the seal of the said Corporation, this day of , 20 .

______

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 108 of 212 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 130-12 ______BEING A BY-LAW TO AUTHORIZE TO DEDICATE LANDS AS A PUBLIC PARK TO BE KNOWN AS “BILL CONNOLLY FIELD” (2973 HYMAN AVENUE)

WHEREAS at the Council-in-Committee held on November 19, 2012, the Municipal Council of the Town of Fort Erie approved Report No. CDS-95-12 authorizing the acceptance of the donation of lands and building municipally known as 2973 Hyman Avenue from the Property Owners’ Association of the Thunder Bay Area (Niagara District) (“POATBA”), and to dedicate the lands as a public park to be known as “Bill Connolly Field”, and

WHEREAS By-law No. 129-12 passed by the Municipal Council of the Town of Fort Erie authorizes the acceptance of the donation of said lands and building from POATBA, and

WHEREAS it is deemed desirable to dedicate the lands as public park to be known as “Bill Connolly Field” effective immediately upon the transfer of the lands to The Corporation of the Town of Fort Erie;

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

1. THAT effective immediately upon the completion of the transfer of the lands municipally known as 2973 Hyman Avenue, and legally described as:

Lots 235 to 237 inclusive, Lots 243to 252 inclusive, and Lots 260 to 270 inclusive, Plan 439 Bertie; Fort Erie, being all of PIN 64201-0061 (LT),

to the Corporation of the Town of Fort Erie, the said lands are hereby dedicated as public park to be known as “Bill Connolly Field”.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF DECEMBER, 2012.

______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. 130-12 of the said Town. Given under my hand and the seal of the said Corporation, this day of , 20

______REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 109 of 212

The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 131-12

BEING A BY-LAW TO ENACT AN AMENDMENT TO THE OFFICIAL PLAN FOR THE TOWN OF FORT ERIE

AMENDMENT NO. 8 SPEARS-HIGH POINTE SECONDARY PLAN File No. 350313.001

THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF FORT ERIE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 17 & 21 OF THE PLANNING ACT S.O. 1990 HEREBY ENACTS AS FOLLOWS:

1. THAT amendment No.8 to the Official Plan for the Town of Fort Erie consisting of the attached explanatory text and maps designated as Schedules Spears-High Pointe -1, Spears-High Pointe -2, Spears-High Pointe -3, Spears-High Pointe -4, is hereby adopted.

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

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF DECEMBER, 2012.

______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. 131-12 of the said Town. Given under my hand and the seal of the said Corporation this ____ day of ______,2012.

______

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 110 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012

AMENDMENT NO. 8

TO THE OFFICIAL PLAN FOR THE TOWN OF FORT ERIE

Adopted by Town of Fort Erie Council DECEMBER 10th, 2012

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 111 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 CONTENTS

PART "A" - THE PREAMBLE

Section 1 - Title and Components

Section 2 - Purpose of Amendment

Section 3 - Location of this Amendment

Section 4 - Basis of this Amendment

Section 5 - Implementation

PART "B" - THE AMENDMENT

Introductory Statement

Details of the Amendment

Schedule “Spears-High Pointe -1” - Amendment to Schedule “A” to the Official Plan

Schedule “Spears-High Pointe -2” - Land Use Plan

Schedule “Spears-High Pointe -3” - Open Space/Natural Heritage Plan

Schedule “Spears-High Pointe -4” - Transportation Systems Plan

PART "C" - THE APPENDICES

Appendix 1 - Plan Showing Subject Lands (Location Map)

Appendix 2 - Notice of Public Information Processes

Appendix 3 - Public Meeting Minutes

Appendix 4 - Circulation Comments

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 112 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012

PART "A" THE PREAMBLE

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 113 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 PART "A" - THE PREAMBLE

SECTION 1 TITLE AND COMPONENTS

This document, when approved in accordance with Sections 17 and 21 of The Planning Act, 1990, shall be known as Amendment No. 8 to the Official Plan of the Town of Fort Erie.

Part "A", the Preamble does not constitute part of this amendment.

Part "B", the Amendment, consisting of the following text and maps designated Schedules Spears-High Pointe -1, Spears-High Pointe -2, Spears-High Pointe -3, Spears-High Pointe - 4 constitutes Amendment No. 8 to the Official Plan of the Town of Fort Erie. For the purposes of the amendment, the Schedule titles are abbreviated in the texts to facilitate quick reference and shall also be identified as SHP-1, SHP-2, SHP-3 and SHP-4 respectively.

Also attached is Part "C", the Appendices, which does not constitute part of this amendment. These Appendices contain the background data, planning considerations and public involvement associated with this amendment.

SECTION 2 PURPOSE OF THE AMENDMENT

The purpose of this Official Plan Amendment is to change the land use designation of certain lands shown on Schedule SHP-2, attached hereto, in order to reflect the land use changes approved by Council through the adoption of the Spears High Pointe Neighbourhood Plan. As well, the policies contained within this Secondary Plan reflect more recent provincial and regional policy directives found under the Provincial Policy Statement and Places to Grow. A “Complete Community” vision is the focus of the Amendment to achieve the successful development of a neighbourhood long awaiting servicing capacity and infrastructure improvements to facilitate change. The planning for this neighbourhood has also considered the integration of approved plans and existing development and lot patterns to ensure an implementable plan.

SECTION 3 LOCATION AND SETTING OF THE AMENDMENT

The lands, which are the subject of this amendment, are located generally north of Garrison Road, west of Thompson Road, south of the Q.E.W. and extending east to the Fort Erie Golf Club in so far as the height of land and those lands south, extending from the golf club to Pettit Road and then returning north along Pettit Road to the Q.E.W.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 114 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 The Secondary Plan limits are defined on Schedule SHP-1 and are reflected on all remaining amendment Schedules (SHP-2, SHP-3 and SHP-4). The defined area is known and commonly referred to locally and municipally as the “Spears – High Pointe Neighbourhood”.

Generally the existing uses within the subject area consist of single detached dwellings, existing vacant lots, existing undeveloped draft plans of subdivision, some commercial development such as restaurants, financial, dental, real estate and law offices, natural areas including locally significant wetlands and an elementary school. The subject area is highly underutilized in terms of the efficient use of urban land and infrastructure.

SECTION 4 BASIS OF THE AMENDMENT

The basis for permitting this amendment is as follows:

a) The Secondary Plan is consistent with the Official Plan for the Town of Fort Erie, the Regional Niagara Policy Plan, Provincial Policy Statement and Growth Plan as it provides the following: a range of densities and mix of uses to meet residents’ long- term needs; age in place opportunities; utilizes urban lands and infrastructure efficiently through intensification/redevelopment opportunities; a built and natural environment conducive to a healthy and active lifestyle for its current and future residents. b) The Secondary Plan is an effective tool for consolidating and addressing land use related issues at a neighbourhood scale and providing policy guidance for the neighbourhood through periods of change. c) The Town of Fort Erie Official Plan, Section 4 is amended by adding New Subsection 4.17 entitled “4.17 – Spears - High Pointe Secondary Plan” as outlined in this Secondary Plan.” d) The Town of Fort Erie Official Plan is amended by designating lands shown on the attached Schedule SHP-1 as the “Spears - High Pointe Secondary Plan Area” on Schedule A to the Official Plan, with notation advising and directing readers to Subsection 4.17 and accompanying Schedules SHP-2, SHP-3 and SHP-4. e) The Town of Fort Erie Official Plan is further amended by adding Schedule SHP-2 Spears – High Pointe Land Use Plan, Schedule SHP-3 Spears – High Pointe Open Space/Natural Heritage Plan, and Schedule SHP-4 Spears – High Pointe Transportation Systems Plan. f) The Town of Fort Erie Official Plan is further amended by redesignating certain land within the Spears – High Pointe Neighbourhood in accordance with Schedule SHP-2. g) The intent of this Amendment is to establish a detailed land use framework for the Spears - High Pointe Neighbourhood and to incorporate related land use designation changes into the Town of Fort Erie Official Plan.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 115 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 h) Subsections 5.5, 13.3 and 13.7 (III) of the Official Plan for the Town of Fort Erie provides that Neighbourhood Plans may be adopted for detailed land use planning for certain areas of the municipality, and amendments may be made to the Official Plan to reflect the proposed land use changes. Policies in Subsection 5.5, 13.3 and 13.7 (III) have been considered in the preparation of this amendment and the following factors have been reviewed in support of this amendment to the Official Plan:

i. The need for the proposed Secondary Plan. The Secondary Plan process, including the Spears-High Pointe Secondary Plan, represent a major contribution to the Town’s Growth Plan conformity exercise by ensuring Growth Plan objectives are considered in a planned comprehensive manner at the local neighbourhood level. The intent of this Secondary Plan is to transfer and update the early Neighbourhood Planning work conducted in 2002, and to ensure the integrity of the original Neighbourhood Plan is reflected in an amendment to the Town’s Official Plan. The need for land use design guidance arises out of the current state of land and parcel base configuration within the Secondary Plan limits, which can generally be characterized as fragmented. Often in situations where fragmented parcels or portions thereof are assembled or consolidated, the development potential is not always realized in an optimal arrangement. This is a fundamental reason for the need to adopt a clear vision for future development patterns within the Secondary Plan Area that serve the goals and objectives of the Town’s Official Plan.

ii. The extent to which the existing areas in the proposed categories are developed, and the nature and adequacy of such existing development: There are several areas within the Secondary Plan area that will see modifications from the original Neighbourhood Plan. These areas are already reflected in the policies and schedules of the Official Plan and will be further integrated on the Spears-High Pointe Secondary Plan Schedules. The areas of change are primarily the result of natural feature identification and protection in conjunction with employment lands recognition and a mixed use designation being introduced within the plan area. The predominant residential designations remain largely intact, with a concerted effort having been placed on connectivity and permeability. Principles of active transportation are embraced as the Town seeks to provide expanded opportunities for its residents and visitors to move through and around our communities.

This document has been prepared in accordance with Town, Regional and Provincial policy with respect to smarter growth, encouraging development within existing urban areas, and wise use of existing municipal infrastructure. 7

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iii. The physical suitability of the land, and in the case of lands exhibiting or abutting a Natural Heritage feature, demonstration of compliance with the Natural Heritage policies of the Official Plan.

Lands containing natural heritage features are shown on Schedule “SHP-3”, and the policies of the Secondary Plan reflect the existing policies of the Official Plan for the Town of Fort Erie with respect to Natural Heritage in areas that have not been impacted by existing development. There are, however, instances where the existing, established development has been accommodated and recognized due to its long standing presence and use. Policies contained within the Secondary Plan will reflect the situations on the ground and the interrelationship with the natural heritage and features. The Town has worked cooperatively and proactively with NPCA and the Region during the refinement of land use interface with the natural features and the results are reflected on the Secondary Plan schedules accordingly.

iv. The location of the area under consideration with respect to:

i. the adequacy of the existing and proposed highway system in relation to the development of such proposed areas, ii. the convenience and accessibility of the site for vehicular and pedestrian traffic and the traffic safety in relation thereto, and iii. the adequacy of the potable water supply, sewage disposal facilities, and other municipal services in view of the policies contained in this Plan and in accordance with technical reports or recommendations of the Ministry of the Environment and the Regional Niagara Public Health Department and any other appropriate authority deemed advisable.

The entire Secondary Plan falls within the Urban Area Boundary as delineated in the Town’s Official Plan and the Regional Policy Plan. Full urban services are available in these areas, and both municipal and Regional core transportation facilities are in place. A proposed / conceptual transportation network, which will be refined during future planning application submissions and processing, will be illustrated on Secondary Plan Schedules.

The Secondary Plan Area is comprised and surrounded by existing transportation networks that provide local and regional roads in addition to provincial highways that are integrated and fully accessible. Areas within the Secondary Plan comprise a grid series of travelled and un-travelled road allowances that have been considered for adaptation in achieving the goals and objectives of connectivity for both vehicular and pedestrian travel throughout the Secondary Plan Area. 8

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In addition to the connectivity and permeability sought for pedestrian, vehicular and transit purposes, the Secondary Plan aims to supply infrastructure to facilitate an increase in active transportation as an alternative to vehicular modes of movement. In doing so, health and wellness of community living is enhanced, while safety measures are being promoted through dedicated space being identified and supplied in new development and through capital replacement of our existing roadways and cross sections.

Development within the Secondary Plan had been delayed until such time that planned sanitary servicing solutions were implemented. Within the past several years, key components of supplying sanitary services to the Spears-High Pointe Neighbourhood have been completed including the Region’s Frenchman’s Creek Sanitary Trunk and the Alliston Avenue Pumping Station. More recently, the Town’s Garrison Road Sanitary Sewer has been constructed, completing the core sanitary network to enable new sanitary sewer development flows from the Spears-High Pointe Neighbourhood to ultimately be treated at the Anger Avenue Treatment Plant.

Stormwater Management within the Secondary Plan Area will be required and shall be refined based on previous storm drainage and SWM facilities planning conducted in 2002. Developers within the Secondary Plan Area shall be required to submit detailed stormwater management plans demonstrating criteria and capacity are met for their respective catchment areas.

The Secondary Plan Area will continue to receive its potable water supply via the Rosehill Water Treatment Plant operated by the Region of Niagara. Existing distribution networks within the Secondary Plan Area will be expanded or upgraded, as the case may be, as a result of capital works or replacement scheduling, or as a result of development activity of the private sector in consultation with the Town and Region. Volume of water supply to serve the Spears-High Point Secondary Plan Area is available and does not represent concern with municipal engineering staff. More detailed information regarding the piped water supply will be required for submission of major development proposals.

v. The compatibility of the proposed use with uses in adjoining areas: Many of the planned uses exist in one form or another within the Secondary Plan area. The Secondary Plan will serve as the guide for establishing additional locations for these uses while also ensuring interface and transitional areas respect existing established uses. Where major land-use changes are proposed or introduced, mitigating measures may be required in order to 9

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 118 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 address compatibility with adjacent uses. For example, appropriate zoning for the industrial lands north of Bertie Street may be reviewed and amended to reflect employment area polices aimed at compatibility in order to reduce potential for land-use conflict.

vi. The effects of such proposed Secondary Plan on the area and the environment in respect of the minimizing of any possible depreciating or deteriorating effect upon adjoining properties. The land-use amendments proposed through the Secondary Plan are intended to reinforce existing draft plan approvals in conjunction with newer legislation and policy directives focused on environmental protection and intensification. The Town has consulted and worked with all stakeholders to appropriately consider and mitigate any impacts of future planned development. The intent of the Secondary Plan is to create a desirable, complete community. Standards for urban development will provide for improved road allowance cross sections and storm drainage conditions. Investment and improvements in public infrastructure is expected to have both a positive influence on site and property conditions, as well as financial lift in overall property values.

vii. The potential effect of the proposed Secondary Plan on the financial position of the Municipality: The Secondary Plan provides a blueprint for new development and opportunities for redevelopment through infilling and intensification of the existing urban area. The ability to optimize available, existing infrastructure, newly constructed infrastructure and planned services represents a fundamental financial efficiency, supported by the principles of smart growth and complete community concepts. The more efficient use of the exiting urban services and spaces within the neighbourhood should result in a positive financial impact on the municipality. The benefits of intensification and our ability to service more with less will have an accumulative effect on curbing urban sprawl and at the same time limiting costly capital replacement on our future generations.

The Secondary Plan Area contains a broad range of planned designations and uses that will provide for a diversified tax base. The Town should anticipate considerable lift in municipal tax base generation resulting from a fully developed Secondary Plan.

viii. The potential effect of the proposed Secondary Plan in relation to the intent and implementing regulations of the Environmental Protection Act.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 119 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 There are no perceived or known issues arising out of the proposed approval of this Secondary Plan in relation to the Environmental Protection Act. Requirements of development and industry will be reviewed for compliance during the development process and where necessary will be required as a component of any approval.

SECTION 5 IMPLEMENTATION

Section 13.1 of the Town’s Official Plan outlines the methods and tools that will be used in implementing goals and objectives of the Town overall. These same tools will be used in assessing development within the Spears-High Pointe Secondary Plan as the means to achieve the vision for the Neighbourhood and where identified, more detailed policy will be used in assessing proposed development.

As provided for in the parent document, the Secondary Plan process will extend the policy and vision to the Neighbourhood level by identifying unique characteristics and opportunities specific to this location. Generally, however, the policy of the parent document shall guide the higher level objectives of conformity and the Secondary Plan will supply the details for the Neighbourhood.

To ensure new development activity demonstrates consistency with the Town’s goals and objectives:

a) The Town will review applications for development, including new construction and renovations, to ensure their compliance with the policies outlined in the Town’s Official Plan and this Secondary Plan.

b) The Town will modify zoning categories within the Spears-High Pointe Neighbourhood, where appropriate, to carry out the general intent of the Secondary Plan. This will ensure that zoning provisions facilitate the uses intended in this Secondary Plan.

c) Urban Design i. The Town will review development applications within the Secondary Plan to ensure that scale, form and features of proposed development are in keeping with Section 5.6 of the Town Official Plan and any additional objectives contained in Section 4.17.4 of this Amendment. ii. The Town may consider special design treatments at various locations within the Plan Area as a means of providing unique identity to the Neighbourhood. iii. The Town will seek to intensify the Garrison Road corridor with additional residential and mixed use development too offset the predominant commercial 11

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 120 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 use and fragmented streetscape. It is intended that by creating a mix of intensified residential and commercial use, the long term sustainability and viability of the local businesses will be enhanced, and at the same time, transit objectives of increased ridership can be anticipated. iv. The Town will review new development proposals to determine if pedestrian realm and active transportation objectives are being met, or how they are being addressed and promoted.

d) The Spears-High Pointe Secondary Plan consists of Sections 14.17.1 through 14.17.21, Schedules SHP-1, SHP-2, SHP-3 and SHP-4. Unless explicitly provided for under Section 14.17, or in the event of policy interpretation to the contrary, the text and Schedules of the Official Plan for the Town of Fort Erie continue to apply. Where there may be a determination of conflict, the text and maps of this Secondary Plan shall prevail.

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PART "B" THE AMENDMENT

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PART "B" - THE AMENDMENT

Introductory Statement:

All of this part of the document entitled "Part "B" - “The Amendment" consisting of map and text changes constitute Amendment No. 8 to the Official Plan adopted by By-law No. 150-06 for the Town of Fort Erie Planning Area. The Official Plan for the Town of Fort Erie, as amended, is hereby further amended by adding the map and text changes, as follows:

Map Changes:

1. “Town of Fort Erie Official Plan” being Schedule A to the Official Plan adopted by By-law 150-06 for the Fort Erie Planning Area as amended, is further amended by the attached Schedules. 2. Schedule “Spears-High Pointe -1” (SHP-1) delineates the area subject of this Amendment as the Spears-High Pointe Secondary Plan Area. 3. Schedule “Spears-High Pointe -2” (SHP-2) - Land Use Plan; 4. Schedule “Spears-High Pointe -3” (SHP-3) - Open Space/Natural Heritage Plan; and 5. Schedule “Spears-High Pointe -4” (SHP-4) - Transportation Systems Plan.

Text Changes:

4.17 Spears-High Pointe Secondary Plan

4.17.1 Purpose of the Spears-High Pointe Secondary Plan

The purpose of the Spears-High Pointe Secondary Plan is to provide a framework for a cohesive, complete community to develop. The framework is intended to provide clear direction to achieve subsequent goals and objectives. The Secondary Plan consists of a land use plan and related policies to guide development and redevelopment to ensure it is in keeping with the Town’s vision for this neighbourhood. The Plan will provide and serve as the guide for planning activity for a period projected over the next 20 years and will be subject to amendments from time to time, as well as being included the Town’s 5 year review of its Official Plan.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 123 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 4.17.2 Vision

At the sunset of the 20 year planning period, the vision seeks to establish a complete community. The predominant land use will be residential with a balanced mix and form appealing to the full spectrum of demographics. Garrison Road will have intensified development consisting of mixed use, medium and high density residential and commercial uses along this primary transportation and transit corridor. Opportunities for `age in place’ have been encouraged and are well aligned with the complete community concept.

New commercial enterprise catering to the residential population needs have established and are sustained by the increased pedestrian, resident, and enroute traffic increase.

The Garrison Road streetscapes has evolved into a more defining street edge perpetrated and predicated on urban design to bring buildings and structures closer to the frontage to create visual interest, at the same time making the corridor a more friendly, walkable environment for all stages of life and not just a place for the automobile.

The parks and open spaces are linked and provide for recreational destinations while the natural environment is afforded the protection it deserves and is woven in amongst the community fabric.

In 20 years, residents are enjoying the highest quality of life with the businesses and industry afforded prosperity through sustainable urban development practices.

The desired future state of the Spears-High Pointe Neighbourhood is a balanced, stable community in which the diverse needs of the Town’s current and future populations can be met. The Plan is guided by the following vision statement, having taken into account the earlier 2002 Neighbourhood Plan working group contributions, the active development community and the public open house contributions garnered in 2012:

The Spears-High Pointe neighbourhood is rich in opportunity of supplying the Town of Fort Erie with a complete community. Its location provides for strong connection to the existing transportation and transit networks and will transition well with the focused intensification of Garrison Road. Its existing residents have acted as its caretakers and continue to hold vested interest in protecting what is important to their quality of life. Development can be promoted provided we remain responsive to the following core values:

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a) provide practical, well thought-out planning that will integrate with the existing fabric of the neighbourhood so as to better connect with its boundaries and remain permeable from within; b) emphasize community safety for all ages by providing sidewalks, bike lanes, speed and stop control on our shared roadways; c) make the neighbourhood a place that is a friendly, walkable community that promotes pedestrian and active transportation; fear should never be a factor in a decision to walk or recreate. d) recognize and seek balance in land use decisions that interface with the neighbourhood’s existing residents and businesses. e) respect the neighbourhood’s natural features by providing opportunity for their continued contribution to the environment; f) recognize the neighbourhood’s limited historical and cultural features by protecting and promoting their place within the community and to serve as a reminder by providing connection to the Town’s significant national heritage standing. g) engage the residents and businesses throughout the development period to provide feedback and measure the success of this Plan in an ongoing manner.

4.17.3 Goals

The Spears-High Pointe Secondary Plan strives to achieve its goal of becoming an integral and integrated part of a complete community by providing for a variety of residential densities, commercial, mixed use, open space and other areas to meet the diverse needs of its many citizens and visitors including homeowners, businesspersons, shoppers, and tourists. The area is intended to focus intensification along Garrison Road, its major transportation and transit corridor, while still providing for areas of increased density and infilling, balanced to meet with provincial and regional strategic growth and policy objectives within the Plan Area boundary.

4.17.4 Objectives

The main objectives of the Spears-High Pointe Secondary Plan are to:

a) Provide a diversity of suitable housing choices that are coordinated with land use designations and densities that provide for suitable transition and gradation. b) Ensure new in-fill housing units and renovations are compatible with existing development.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 125 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 c) Encourage land assembly that would result in more efficient and effective design. d) Encourage development forms which are compact, to utilize urban land and services efficiently. e) Provide employment choices within the area that are compatible with residential uses, providing residents the option or opportunity to live and work in close proximity. f) Conserve existing natural areas, including those which are identified as locally significant wetlands in effort to retain an environmental function within the Plan Area. g) Provide a strong focus of higher density and mixed use residential/commercial activity along Garrison Road in order to be transit supportive. h) Promote compatible prestige industrial uses in the Employment area adjacent to the Queen Elizabeth Way highway where visibility is high and access to and from the highway system does not interfere or introduce disruption to the residential neighbourhood. i) Conserve the limited built heritage features and areas of historical context, more particularly the early Plato Loyalist Cemetery on Bertie Street and Provincially designated Brigadier General Cruickshank’s residence. j) Enhance the Spears-High Pointe Neighbourhood by promoting gateway features at key locations that assist in distinguishing neighbourhood and community entry. k) Ensure that the transportation system provides for the needs of all citizens, encourages a compact urban form, transit ridership and promotes/enables active transportation within the neighbourhood. l) Seek opportunities for improved transportation connections to perimeter roads to assist in providing options and reduce delay and safety concerns. m) Make the neighbourhood a friendly, walkable community that promotes pedestrian and active transportation, and places emphasis on community safety for all ages by providing sidewalks, bike lanes, speed and stop control on our shared roadways. n) Ensure that municipal infrastructure, such as water, sewers, storm water management facilities and public / private utilities are provided to adequately service the residents, businesses, industry and institutions of this area. o) The Spears-High Pointe Neighbourhood shall be promoted for predominantly new housing development that will provide choice in housing 17

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 126 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 opportunities that meet with demographic and socio-economic needs of the Town. A full spectrum of built form and tenure must be provided if age-in- place practice is to be realized. p) New housing development will be integrated with existing built up areas, open spaces and natural heritage features. Previously approved subdivision plans will be acknowledged within the neighbourhood planning context and developers of these plans shall be encouraged to work with the municipality in achieving the objectives stated herein.

4.17.5 Residential – General Policies

a) Section 4.7 of the Town’s Official Plan contains policies for residential development within the Town and must be read in conjunction with the policies of this Secondary Plan and subsequent sections.

b) Schedule “SHP-2” designates the areas of residential land use within the Secondary Plan Area with accompanying policy provided herein. The Plan provides for areas of varying residential density, which have been defined in keeping with stated Plan objectives.

c) The Spears-High Pointe Secondary Plan provides for an estimated 1575 dwelling units and a projected residential population of 3983 persons in the neighbourhood over the long term.

d) An appropriate level of affordable housing and senior citizen’s housing shall be considered by the Town when reviewing development applications in the Spears-High Pointe Neighbourhood, in keeping with Provincial Policy. Such developments shall be integrated with other forms of housing rather than segregated and isolated in order to provide a more cohesive and inclusive neighbourhood. In doing so, the opportunities for age-in-place are also supported and extend to a broader socio-economic base.

e) The Town will consult developers regarding intensifying their existing draft approved plans of subdivision, provided the locations are suitable and consistent with siting criteria defined under section 4.17.7e) i. to v.

4.17.6 Low Density Residential Policies

a) The lands designated on Schedule “SHP-2” as “Low Density Residential” shall be reserved for single detached, semi-detached and duplex dwellings, and their accessory uses, and shall generally be governed by the

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 127 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 Residential policies of Section 4.7 unless otherwise defined under this section.

b) An overall target of approximately 60% Low Density residential yield shall be anticipated within the Neighbourhood. Notwithstanding Section 4.7.1.I (b), the targeted mix and minimum yields of Built-up and Greenfield areas have been blended within the Secondary Plan boundary to provide for flexibility in structuring a cohesive and logical distribution of uses in areas best suited for the range of appropriate densities. The approach maintains and surpasses expectations of the Growth Plan while offering optimal community structure.

c) Schedule “SHP-2” provides for approximately 741 additional low density units, bringing the total for Low Density units to approximately 910 over the long term. The yield reflects the existing lot fabric and anticipates retention of some large existing lots over the course of the planning period. As a result, lower densities can be anticipated within some areas of the plan until such time that redevelopment choices are made or the lifecycle of the existing home construction warrants replacement.

d) The planned density range for the Low Density designation shall be up to 16 units per net hectare.

e) Areas of Low Density designation may be impacted by the Environmental Conservation overlay defined and described under policy 4.17.14 of this Plan. Development, redevelopment or expansion to existing use may require further study prior to any approval being considered or granted in accordance with Section 8 of the Official Plan.

4.17.7 Medium Density Residential Policies

a) The lands designated on the Schedule “SHP-2” as “Medium Density Residential” shall be reserved for multiple-unit structures (townhomes and apartment dwellings), and their accessory uses, and shall generally be governed by the Residential policies of Section 4.7 unless otherwise defined under this section.

b) An overall target of approximately 20% Medium Density residential yield shall be anticipated within the Neighbourhood.

c) Schedule “SHP-2” provides for approximately 364 new Medium Density units. The Plan Area is currently void of existing multiple unit density so clear direction for higher densities is providing for such development for the

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 128 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 first time within the Plan Area consistent with growth management strategies of the Town, Region and Province.

d) The planned density for the Medium Density residential designation shall provide for a range between 16 to 50 units per net hectare.

e) Medium Density development is identified on Schedule SHP-2 and can also be considered by amendment to this Plan in areas: i. immediately adjacent to Garrison Road; ii. along collector roads within the Plan Area iii. in close proximity to Parks, Open Space or Environmental Areas; iv. adjacent to High Density residential; or v. Adjacent to major commercial uses

f) Developers with existing draft approved plans of subdivision within the Plan Area will be encouraged to consider modifying their plans to incorporate multiple residential units that are in keeping with the locational criteria described in the preceding paragraph.

g) It is anticipated that the majority of the Medium Density unit yield will be in the form of ground-based dwellings such as street or block townhouse development; however low-rise apartment dwellings with a maximum height of 3 storeys should also be considered in areas adjacent or in close proximity to Garrison Road. The Town may request such consideration in effort to meet with a diversified form and stock of housing choice.

h) Areas of Medium Density designation may be impacted by the Environmental Conservation overlay defined and described under policy 4.17.14 of this Plan. Development, redevelopment or expansion to existing use may require further study prior to any approval being considered or granted in accordance with Section 8 of the Official Plan.

i) All Medium Density designated lands within the Plan Area shall be subject to Site Plan Control.

4.17.8 High Density Residential Policies

a) The lands designated on the Schedule “SHP-2” as “High Density Residential” shall be reserved for multiple-unit structures (apartment dwellings), and their accessory uses, and shall generally be governed by the Residential policies of Section 4.7 unless otherwise defined under this section.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 129 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 b) An overall target of approximately 10% High Density residential yield shall be anticipated within the Secondary Plan Area.

c) The planned density for the High Density residential designation shall provide for a range between 50 to 75 units per net hectare.

d) High Density development shall be supplied in areas shown on Schedule SHP-2, which address the following criteria:: i. immediately adjacent to Garrison Road; ii. in close proximity to Parks, Open Space or Environmental Lands; and iii. Adjacent to major commercial uses

e) High Density unit yield will be in the form of apartment dwellings. A building height of 6 storeys will be permitted within the designation with permissions to 10 storeys where it can be demonstrated that increased height does not negatively impact adjacent lower density uses or the transportation network. More specifically, shadow impacts on neighbouring properties are minimized and ingress and egress onto Garrison Road or an alternate point of access can adequately accommodate traffic generated by the development.

f) For buildings greater than 6 storeys, placement of the building on the site, its orientation and massing composition, parking, landscape and the setback requirements will be regulated by a site specific by-law amendment.

g) The Town may require a Heritage Assessment Study be prepared to address impacts of development on the adjacent Cruickshank Heritage Site in accordance with Section 11 of the Official Plan. The study would be prepared by a qualified heritage professional and required at the time of any Site Plan submission.

h) Portions of the High Density designation shown on Schedule “SHP-2” are impacted by the Environmental Conservation overlay defined and described under policy 4.17.14 of this Plan and development shall address the policies of said Section. In addition to Section 4.17.14 where development may be permissible within an Environmental Conservation Area, site development shall be required to retain vegetative buffering of no less than 10 metres in width, so as to assist in screening lower density, ground based residential uses located west of the High Density designation. A Tree Preservation Plan will be required to accompany any applications for development.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 130 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 4.17.9 Core Mixed-Use Policies

a) The lands designated as “Core Mixed-Use” on Schedule “SHP-2” shall be reserved for a variety of retail and office uses, as well as residential uses.

Notwithstanding Policy 4.8.1 II, wherein the location for Core Mixed Use is described as being suited to downtown or proximity areas, the location for Core Mixed Use may also be located in a limited capacity to major roads or corridors connecting nodal areas within urban areas. Subsequently the policies of Section 4.8 generally apply, recognizing the Garrison Road corridor is not considered a “downtown” area in its geography, its history or its character. Garrison Road will, however, serve to become the focus for commercial activity and intensified residential development, making it the destination for services to those within the Spears-High Pointe Neighbourhood.

b) The Town shall encourage site improvement and redevelopment of properties designated Mixed Use along Garrison Road, so as to intensify site capability and assist in creating a defined street edge.

c) New development and redevelopment shall be encouraged to maximize available coverage and floor space permissions in order to optimize available services and support increased residential along Garrison Road.

d) New development and redevelopment proposed on lands designated Mixed Use will be encouraged to locate close to the street frontage and to provide more direct pedestrian connection to Garrison Road for convenient pedestrian movement and access to buildings and transit.

e) Building setbacks will be subject of municipal review and may be require a site specific zoning by-law amendment to assist in integrating built street edge with that of more recently developed commercial uses.

f) Mixed Use designation shall include a residential component equal or greater than the commercial floor space provided. Consideration shall be afforded to conversions, existing buildings and additions, provided any new ground floor space includes a matching second story residential component.

g) Any existing buildings subject of conversion or addition for the purpose of mixed use shall require Site Plan Control and be subject to inspection to ensure Ontario Building Code standards have been met.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 131 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 h) Stand-alone residential use within the Mixed Use designation will be discouraged. Proposals for stand-alone residential shall clearly demonstrate inability to effectively achieve combined residential and commercial uses on the same site without extensive modifications to zoning regulation and provisions. Conversely, smaller properties are encouraged to consolidate with adjoined properties sharing designation to provide increased opportunity for comprehensive development.

i) The maximum height of any building in this designation shall be three (3) storeys, and the residential density shall be 16 to 50 units per net hectare in addition to the commercial floor space provided on-site.

j) Residential units will be located on upper floors, reserving at-grade floor space for commercial use with limited exceptions such as retirement homes, permitted stand-alone residential or existing buildings subject to conversion.

k) Covered parking and detached private garages would be acceptable on site provided they are set well back from the street and do not interfere with commercial traffic.

l) New automotive related uses are not permitted in Core Mixed Use areas.

m) At-grade commercial shall be fully accessible and barrier free in design.

n) Private development is encouraged to provide fully accessible access to upper level residential.

4.17.10 Commercial Policies a) The lands designated as “Commercial” on Schedule “SHP-2” shall be reserved for a variety of “General Commercial” retail and office uses, and are subject to the policies of Section 4.9.2 of this Plan.

b) Notwithstanding the uses identified in Section 4.9.2, new automobile sales and storage, repair garages, motor vehicle service stations and gas bars will not be permitted within the Plan Area, except for those commercial lands identified as being north of Garrison Road, immediately west of Thompson Road.

c) All new or expanding automotive uses shall be required to demonstrate compatibility with adjacent uses.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 132 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 d) Intensification of Garrison Road commercial uses should be those which are compatible with and predominantly serving the neighbourhood’s residential population and corridor commuter personal service needs. Commercial uses considering drive-thru operations shall, in addition to being subject to Site Plan Control, be required to address such matters as visual and aesthetic impact on adjacent properties and public road allowances through submission of an urban design plan. A Traffic Impact Study will also be required and may be scoped depending on location. Details of study requirements would be conveyed at mandatory pre-consultation meetings with Town staff prior to application submission.

e) All commercial uses shall provide for full accessibility, barrier free access and appropriate parking stall locations.

4.17.11 Employment Policies a) Lands designated as “Employment” on Schedule “SHP-2” shall be reserved for an integrated mix of industrial and manufacturing operations as well as business activities, and the Industrial/Business Employment policies of Section 4.10 shall apply.

b) The Employment designation within the Secondary Plan Area is generally limited in area and situated in such a manner that it provides prominent exposure to the QEW while also being in close proximity to existing and future residential uses and designations. Employment uses shall be those which are considered prestige type industrial uses that support the policies of Section 4.10 while offering decreased risk for nuisance to residential lands.

c) Development occurring on lands designated “Employment” within the Spears-High Pointe Secondary Plan shall require study to determine applicable standards concerning noise and emissions. Ministry of Environment Standards shall apply in determining setbacks and mitigation measures that may need implementation with respect to sensitive receptors, both planned and existing in accordance with Section 10 of the Official Plan.

d) Portions of the “Employment” lands designated on Schedule “SHP-2” are subject to Environmental Conservation Overlay policies of Section 8.3 of the Official Plan. Prior to any applications for development within or adjacent to Environmental Conservation Areas, the requirement for studies will be determined through the mandatory pre-consultation process with the municipality and Niagara Peninsula Conservation Authority.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 133 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 4.17.12 Institutional

a) The lands designated on Schedule “SHP-2” as “Institutional” shall recognize the existing institutional uses within the Secondary Plan Area and shall generally be governed by the Institutional policies of Section 4.12.

b) Sites identified and designated as Institutional are uses serving in an established institutional role. These currently include: i. 1088 Garrison Road – (Niagara Chapter – Native Women Inc.) which has been serving the needs of our aboriginal community members and protecting cultural and aboriginal heritage.

ii. 1110 Garrison Road – (Garrison Road Public School) This site has been in operation as a school since 1879. The site has a unique history and the original school house (S.S. No. 4) is still in an operating role and can be reviewed by the Town’s Municipal Heritage Standing Committee relative to its architectural and/or historical significance.

4.17.13 Open Space

a) The lands designated as “Open Space” on Schedule “SHP-2” shall be reserved for a variety of active and passive recreational uses and other open space uses including storm water management. The policies of Section 4.13 shall generally apply to lands designated as Open Space. Lands identified under an Open Space designation within the Spears High Pointe Secondary Plan Area are further defined as provided below.

4.17.13.1 Open Space – Neighbourhood and Specialized Parks

a) The Town of Fort Erie’s Parks and Open Space Master Plan shall serve to guide the appropriate location and effective service area distribution for Neighbourhood Parks within the Secondary Plan Area given lands previously identified for Neighbourhood Parks in the Master Plan and earlier Neighbourhood Plan are now subject to environmental constraints. The alternate locations for parks as identified on Schedules SHP-2 and SHP-3 afford the opportunity to maintain the integrity and intent of the Parks and Open Space Master Plan.

b) Existing Draft Plans of Subdivision contain some blocks of Parkland suitable for dedication where others must be reconsidered for an alternate location within the Secondary Plan as a result of Natural Features identification. The Town shall work cooperatively with developers and property owners to 25

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 134 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 obtain suitable sites for Parkland that best serve the Neighbourhood as a whole.

c) Neighbourhood Parks are shown on Schedule “SHP-2” and “SHP-3” and it shall remain the intention of the Town to pursue acquisition of adequate Parkland through dedication or other means afforded the municipality through cash-in-lieu opportunities.

d) The Secondary Plan contains portions of untraveled road allowance that may be used in conjunction with lands acquired to maximize parkland area. The Town may wish to close portions of road allowance associated with park block assembly.

e) Neighbourhood Parks are a component of the overall Open Space network within the Secondary Plan. Neighbourhood Parks are considered points of interest or destinations within the Plan Area and therefore, will be given priority in connection to the overall network. Wherever possible, the provision of active transportation infrastructure to support pedestrian access to these locations will be required to be addressed through new development applications and capital replacement budgeting.

f) The lands located immediately south and adjacent to the QEW, east of Alliston Avenue, were draft approved as parkland prior to natural heritage feature identification and overly designation being applied. These lands are shown on Schedule SHP-2 as Neighbourhood Park, as draft approved, and subsequently are not being shown with an Environmental Conservation overlay. Schedule SHP-3 illustrates the Environmental Conservation features identified on these lands (Locally Significant Wetlands), which shall remain regulated by the Niagara Peninsula Conservation Authority. The intent and future use of these lands will have them remain in their natural state with any potential passive recreational or trail use being considered by the Town, in consultation with the Niagara Peninsula Conservation Authority.

g) The Plan identifies a small park block east of Garrison Road Public School and adjacent to the natural features area. This park shall be recognized as a “specialized park” designation under the Parks and Open Space Master Plan.

h) Efforts will be made to preserve vegetation through park site development following examination of service level criteria for each identified park space and those containing limited ECA overlay.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 135 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 4.17.13.2 Open Space - General

a) The Town supports linkage opportunities to assist in providing pedestrian access to points of interest such as Neighbourhood Parks, the Garrison Road Public School, commercial and services along Garrison Road and major retailers in the east end of the Plan Area. The linkage areas are critical to a cohesive Open Space network that supports active transportation as an alternate means of reaching destinations within the Plan.

b) The Town shall make every effort to ensure linkage opportunities are protected when new development or re-development is proposed within the Plan Area. Linkage opportunities are represented on Schedules SHP-2 and SHP 3 of this Plan and illustrate a preferred series of linkage opportunities.

c) The Town may consider alternate locations for linkage provided it can be demonstrated to achieve or improve on the level of direct connectivity desired, so as to promote its use through convenience and pedestrian safety.

d) Road allowances not presently traveled within the Secondary Plan Area that may remain in such state shall be considered for open space linkage purposes.

e) Trail development through select Environmental Conservation Area designations identified on Schedule SHP-3 shall be considered desirable and may be pursued by the Town, in consultation with the Niagara Peninsula Conservation Authority, to provide for an enhanced open space network which supports active transportation objectives.

f) The Town will seek appropriate opportunities to provide supporting infrastructure for active transportation needs.

g) Landscaping treatment for Linkage blocks will be dependent on size and location within the Open Space network. Some areas may be best suited in a naturalized state and others may be preferred in a maintained park like setting.

4.17.13.3 Open Space – Natural Areas

Schedules SHP-2 and SHP-3 illustrate two areas that have been identified within the Secondary Plan Area and are subject to the following policies:

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 136 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 a) The area identified on the south side of Bertie Road represents a man made pond and retention in private ownership will continue to offer a scenic point of interest along the Bertie Road exposure,

b) The area located central to the Plan in a long linear arrangement is comprised of privately owned lands and Town owned road allowances (not travelled). The majority of these lands are subject to the Environmental Conservation Overlay designation. The Town desires to have these combined ownerships preserve the existing vegetation and to provide opportunity for an active transportation trail linking the Neighbourhood Park shown on Schedule SHP-2 and SHP-3.

4.17.13.4 Open Space – Storm Water Management (SWM)

a) Lands identified as “Open Space - Storm Water Management” within the Plan Area reflect locations identified in the Spears and High Pointe Master Servicing Plan prepared by EarthTech (2002) and shall be considered approximate until detailed engineering at the development stage can more precisely define limits and location of the designation.

b) Following detailed engineering analysis, should storm water management facilities identified as “Open Space (SWM)” on the Schedules to this Plan be relocated, shift or have their area requirement diminish, the subsequent implementing designation shall be interpreted as follows:

i. the adjacent land use designation with the higher residential designation applying when more than one residential designation exists.

ii. Notwithstanding, for the SWM facility located on Garrison Road, east of the Garrison Road Public School, the defaulting land use shall be Medium Density Residential.

c) An amendment will not be required provided the changes are not substantive and are the result of detailed refinement. If changes result in complete relocation, the impact on the new location will be assessed with respect to land use loss. The Town may seek opportunities to recover any lost density through further intensification of any subsequent applications. In either instance, consultation with Town staff shall be required.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 137 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 4.17.14 Natural Heritage Policies 4.17.14.1 General a) Determination of any natural feature boundaries or environmental study requirements will be identified during mandatory pre-consultation for Planning Act applications, or on permit application review for site or building expansions in cases where the lands are regulated under the Conservation Authorities Act as administered by the Niagara Peninsula Conservation Authority in accordance with Section 8 of the Official Plan.

b) Determination of EIS requirements shall be based on Regional EIS Guidelines, with administration and approval authority responsibility having been set out in the Memorandum of Understanding between local and regional governments and the Niagara Peninsula Conservation Authority.

c) Policies of Section 8 shall apply to natural heritage resources within the Spears-High Pointe Secondary Plan Area. However, there are unique circumstances that need to be recognized as a result of existing conditions. There are a number of existing residential dwellings, an existing school (Garrison Road P.S.) and existing Draft Approved Plans of Subdivision, all of which pre-date locally significant wetland identification and implementation into the Town’s Official Plan. In light of these existing conditions, exceptions will be afforded respecting continued or approved use of select areas of buffer shown on Schedule “SHP-3”.

d) The Spears-High Pointe Secondary Plan contains Environmental Conservation Areas, all of which are shown as an overlay designation on Schedule SHP-2 and further defined on Schedule SHP-3. The Environmental Conservation Areas may comprise any of the following components: i. Locally Significant Wetlands (LSW); ii. Associated Buffer Area (typically 30m) adjacent to the LSW; and iii. Woodlands

e) Policy 8.8.1.XXIV shall be referred to for direction regarding the relationship between existing draft approved plans of subdivision and natural heritage features.

4.17.14.2 Locally Significant Wetlands

a) Locally Significant Wetlands (LSW’s) are identified as an Environmental Conservation Overlay on Schedules SHP-2 and SHP-3, and are subject to the policies of Section 8 of this Plan and policies of this Section.

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b) Locally Significant Wetlands (LSW’s) are regulated under the Conservation Authorities Act as administered by the Niagara Peninsula Conservation Authority (NPCA). Applications for development within these features shall be highly discouraged and subject to Section 8 of this Plan.

c) Any application received for development within an LSW shall require an Environmental Impact Study and Planning Justification demonstrating conformity with the Provincial Policy Statement, Niagara Peninsula Conservation Authority (NPCA) Land Use Planning Policy Document, Regional and Fort Erie Official Plans. The NPCA is the regulatory authority for LSW’s under the Conservation Authorities Act.

4.17.14.3 Associated Buffer Area

a) Schedules SHP-2 and SHP-3 illustrate the LSW feature with two separate identities provided for the Associated Buffer as defined below:

i. “30m LSW Buffer Overlay” is illustrating a complete 30m buffer around the perimeter of the LSW feature as identified by the Ministry of Natural Resources. This designation is provided for demonstration and shall serve as an overlay for reference when applications are received for any development activity on affected lands. The overlay reveals areas of underlying designation that represent, and are designated for, their existing / approved and accepted use. Non-environmental land uses identified under the overlay designation shall continue to be permitted and recognized through this plan and shall be zoned accordingly. Any new development on underlying lands such as building additions, accessory structures or minor grading works, may require permits from the NPCA. The Town in consultation with the Region and NPCA will pursue the establishment of waiving and scoping requirements and procedures for an EIS to simplify the approval process while allowing development that safeguards the natural environment.

ii. “Remnant Buffer” is a land use designation within the context of this plan and represents remaining “intact” Buffer Area of the 30m required Buffer Area directly associated with the LSW feature. The Remnant Buffer is shown on Schedule SHP-3 and is an Environmental Conservation Area designation and subject to full regulation by the NPCA. Development within this designation shall be highly discouraged and may only be considered in accordance with Section 8 of this Plan and regulatory requirements of the NPCA.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 139 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 4.17.14.4 Woodlands

a) Woodland features are found scattered throughout the Plan Area with some being associated with the LSW’s and others not. The woodlands are identified as part of the Environmental Conservation Overlay designation with an underlying primary land use identified therein.

b) Development within the Woodlands, outside of LSW’s and associated Buffers, may require an EIS be prepared to the satisfaction of the Town, in accordance with Section 8 of this Plan and in consultation with the NPCA.

c) The Town in consultation with the Region and NPCA will pursue the establishment of waiving and scoping requirements and procedures for an EIS to simplify the approval process while allowing development that safeguards the natural environment.

d) A Tree Preservation plan may be required to implement the recommendations of an EIS, or to protect trees identified as worthy for protection.

4.17.14.5 Environmental Corridor, Linkage

a) Schedule “C” of the Official Plan illustrates conceptual Corridors throughout the municipality. The Spears High Pointe Neighbourhood Area contains the outer reach of one such corridor. The location is shown on Schedule “SHP- 3” of this Plan and is illustrated towards the eastern end of the Plan Area between the major commercial area and residential interface.

b) There is considerable existing development, including Garrison Road, where the corridor is illustrated. The appropriateness of a corridor in this area will be examined as part of an EIS for adjacent lands designated for development, as set out in Section 8.3.4 IV of the Official Plan.

4.17.15 Sensitive Uses in Proximity to QEW and Employment Lands

a) The potential for elevated noise exists for some areas of residential within the Plan Area due to proximity of the Q.E.W. and proposed Employment lands. Appropriate measures may be required to mitigate excess noise to within acceptable MOE Guideline levels. b) Residential development bordering employment lands shall be designed in a manner so as to mitigate, or to assist in mitigating, any potential noise impact from employment uses. This interface area is generally along Bertie Street within the Plan Area and future residential use may be required to 31

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 140 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 front Bertie Street with increased setbacks. Outdoor living areas should be situated to the rear of units along the south side of Bertie Street.

4.17.16 Transportation Systems (Road Networks, Active Transportation and Public Transit)

a) The Transportation System is in reference to the various modes of transportation that can be made available to service the Spears High-Pointe Secondary Plan Area. The three components envisioned to service the Plan Area include the road network, the pedestrian/active transportation network and public transit routing.

b) Council supports all modes of transportation and in order to address or provide for better means of implementing infrastructure requirements to support the Transportation Systems over the long term, review of current standards, or development of new standards may be required.

4.17.16.1 Road Networks

a) The development of the road network in the Spears-High Pointe Secondary Plan shall generally be in accordance with Section 12.7 of the Town Official Plan.

b) Improvements to the road system and road reconstruction shall be carried out in accordance with the standards adopted by Council pertaining to municipal roads, and Council will strongly consider the existing character of the neighbourhood when making road improvement decisions.

c) It is not intended that all road improvement proposals will be undertaken in the immediate future, but the Town shall, in conjunction with the Region where required, prepare a detailed staging plan for road improvements and establish an order of priorities for such improvements.

d) New roads shown on Schedule “SHP-4” are “conceptual” and their introduction or final location shall be determined through subsequent development applications.

e) In addition to the existing collector roads within the Plan Area (Bertie Street, Pettit Road and Spears Avenue) and the arterial regional road (Garrison Road) along the Plan’s southern boundary, the Town desires to establish a mid-block east-west neighbourhood collector road capable of providing a continuous internal traffic route through to either end of the Plan Area, without the need to access Garrison Road. Seymour Avenue represents the 32

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 141 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 only possibility to achieve this goal and as such, the Town shall seek to provide for its extension in this role.

f) A small portion of Alliston Avenue between Acton Avenue and Bertie Street is shown as a conceptual road. Conditions of an existing and related draft approval require a Transportation Impact Study be completed. Scoping of the study parameters should include a functional analysis on whether construction of this short connecting road provides any significant benefit, or relief on Spears Road traffic volumes. Should the analysis demonstrate negligible or marginal improvement to the overall impact on Spears Road, the Town may choose to have the use remain Open Space, as shown being the underlying designation on the Schedules to this Plan.

g) The Town shall seek to provide cross connection to existing roads on the south side of Garrison Road wherever feasible and to reduce the instances of offset or misaligned intersections.

h) Garrison Road is under the jurisdiction of the Region of Niagara. New road intersections and driveways access and egress require Regional approval.

i) The Region of Niagara has indicated that Kraft Road to the south of the Plan Area will be the preferred location for any future traffic signalization. Traffic signals will require a warrant prior to commitment for their installation.

j) Development occurring in the vicinity of the Kraft Road intersection shall have regard for design geometry to accommodate through traffic entering and exiting the Plan Area.

k) The Town, in consultation with the Region, shall make final determination on whether truncating access of Spears Road to Garrison Road would occur following any successful alternate alignment with Kraft Road being implemented. When requesting Traffic Impact Studies resulting from development applications, modeling will be requested that demonstrates impacts of closing Spears Road, to assist in determining an ultimate preferred intersection arrangement in this vicinity of Garrison Road.

4.17.16.2 Active Transportation

a) Active Transportation shall be a consideration of Council as identified under Section 12.7.2 iv).

b) Components of active transportation include on-road cycling lanes, off-road paths/trails and a comprehensive sidewalk network within the Plan Area, 33

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 142 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 access to all common and frequent destinations or points of interest, such as parks, schools, commercial, YMCA, Town Hall skate park, arena’s and transit stops.

c) Schedule “SHP-4” illustrates components of the Active Transportation Network for the Spears-High Pointe Secondary Plan.

d) The Town will take a leadership role in promotion of active transportation infrastructure when reviewing development applications and undertaking road improvements / reconstruction.

e) Applications for development will be required to demonstrate how plans integrate and provide for the necessary infrastructure to facilitate active transportation in relation to adjoining uses, and how it contributes to the overall network for active pedestrian movement illustrated on Schedule “SHP-4”.

f) At a minimum, all new or reconstructed roads within the Plan Area shall provide for a sidewalk on at least one side of the roadway where financially feasible.

g) Any planning for public sidewalk construction will be subject of departmental review and confirmation.

h) Collector roads within the Plan Area shall be planned to provide for sidewalks on both sides. Council may consider single side locations in part or in whole following departmental review and recommendation.

i) Efforts to provide a primary and secondary network of sidewalks will be considered where increased frequency and use can be expected. This may include sidewalks in the vicinity of Garrison Road Public School, along collector roads, or linking to transit stops. Treatment to distinguish sidewalk hierarchy may be established to include increased surface width or promotion of increased or double row planting.

j) Wherever possible or practical, street lighting shall be provided on the same side of the roadway as the sidewalk and/or as described in the Town Street Lighting Policy.

k) On-road bicycle lanes should be provided on collector roads within the Plan Area. Standard asphalt platform and lane widths may require review in conjunction with on-street parking restriction to facilitate a safe and functional on-road cycling network. 34

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l) The Spears-High Pointe Secondary Plan contains natural environment features that may be suitable for accommodating pedestrian trail linkage. Opportunities to enhance the overall network through visual variety in a diversity of settings shall be encouraged. NPCA will be consulted when trails are proposed in regulated areas.

m) Any trails associated with or located in Open Space or Natural Features Areas shall not be lit, thereby assisting in nocturnal wildlife corridor function.

n) Determination of surface materials used on trail linkages will be determined on a site by site basis and in consultation with NPCA where applicable.

o) Wherever possible, the Town and Region will work cooperatively in establishing linkages to broader regional active transportation infrastructure to further promote and extend the range and reach accessible by active transportation modes.

p) Active Transportation and Public Transit use are complimentary modes of transportation. Provision of adequate pedestrian linkage should be available to and on transit routes.

4.17.16.3 Public Transit

a) The Spears High-Pointe Secondary Plan shall be considered for regular service scheduling. As the community development progresses, the transit routing shall be regularly reviewed and updated to accommodate and promote public transit ridership from within the neighbourhood.

b) The existing inter-regional transit hub situated at the northwest corner of Thompson and Garrison Roads (Walmart) shall continue to be promoted in conjunction with local transit initiatives in providing access to major urban centres within Niagara.

c) A transit route schematic is illustrated on Schedule “SHP-4”, along with potential transit stops. Applications for development shall have regard for long term transit service needs, which may include consideration of driveway locations in proximity to potential stop locations. Actual location and infrastructure requirements for transit stops will be reviewed on an application by application basis. Developers may be required to provide or assist in providing infrastructure requirements to accommodate transit or future transit.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 144 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 d) Long term transit planning shall have regard for locating potential transit stops using a typical 400m service area catchment model.

4.17.17 Parking Policies

a) The hierarchy of roadways through their classification of either Arterial, collector or local, shall dictate whether on-street parking will be permitted.

b) When roads of are slated for reconstruction, consideration will be given to their intended classification within the Plan Area with respect parking provision.

c) All local roads should be providing allowance for parking on at least one side of the road. Consideration shall be given with respect to sightlines and other safety related matters and where appropriate on-street parking may be restricted.

d) Collector Roads will consider the provision of on-street cycling lanes as the primary use of curbside asphalt space, thereby restricting or prohibiting on- street parking. In the event that a collector road is not identified for on-street cycling lanes, consideration may be given to provision of on-street parking on at least one side and subject to available platform width, both sides. Restrictions may be imposed given the higher volumes of traffic anticipated for a collector road and through the presence of transit service and transit stops, if applicable.

e) Provision of on-site parking for intensified residential, commercial and mixed use along Garrison Road will be required.

f) The Town may consider reduced parking requirements for mixed use development through site specific By-law Amendment when a parking study can demonstrate offsetting need for spaces during periods of use.

4.17.18 Cultural Heritage Policies

a) The Spears-High Pointe Secondary Plan Area contains two identifiable potential cultural heritage sites for consideration by the Municipal Heritage Standing Committee. The location of the sites are identified on Schedule “SHP-2” and are referred to as:

i. Garrison Road Public School ii. Plato Loyalist Cemetery

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 145 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 b) The Brigadier General Cruickshank residence is designated under Part 5 of the Ontario Heritage Act. Given the heritage designation of this site, no additional residential development is envisioned for this property.

4.17.19 Municipal Services Policies

a) Municipal servicing shall be consistent with the policies of Section 12 of the Town’s Official Plan.

b) Municipal services such as sewers, water, stormwater and public/private utilities will be provided, maintained and upgraded as necessary to accommodate the needs of existing and future development in the Spears-High Pointe Neighbourhood.

c) Major sanitary works have recently been completed along Garrison Road that will facilitate sanitary servicing of the entire Spears-High Pointe Secondary Plan Area. All of the currently approved and future developments will be required to provide servicing plans that are consistent with the 2002 Town of Fort Erie Master Servicing Study and its April 2009 compendium Technical Memorandum Update prepared by Phillips Engineering Ltd. d) All new development shall require approval of a storm water management plans and/or drainage plans from the relevant approval authority to ensure storm water is effectively and properly managed to mitigate or alleviate flooding of adjacent and downstream properties during storm events. e) Locations for stormwater management facilities are illustrated on Schedules SHP-2 and SHP-3 and are considered approximate until such time that detailed engineering has confirmed location and size required for benefitting catchment areas within the Secondary Plan Area. f) Existing municipal water supply is available to service the Plan Area. All phasing or staging of development shall be encouraged to loop watermains wherever opportunity exists to do so. g) Spears-High Pointe contains many smaller properties that could be considered for in-filling, consents or consolidations. Property owners and developers are encouraged to work cooperatively in establishing servicing plans that optimize potential for additional development through such means. h) The Town may consider front-ending agreements when all other financing means have been demonstrated and exhausted. i) All new development within the Secondary Plan Area shall be developed with full municipal services. j) The Town shall expect up gradient property ownership to make financial contributions to the persons or entities having made the initial investment in infrastructure for proportionate SWM Pond volume and any incremental oversizing requirements with respect to sanitary and storm sewers. Such contributions may require execution of a separate agreement at an appropriate

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 146 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 time following any successful applications for new development and prior to execution of required agreements with the Town of Fort Erie.

4.17.20 Utilities

a) Canadian Niagara Power has identified a possible need for a future distribution sub-station in proximity to, or within the Plan Area. Service area and network planning is largely dependent on demand. An optimal location for the sub- station will be determined at the earliest possible time to support the growth in the larger vicinity.

b) Canadian Niagara Power shall work cooperatively with the Town and regulatory authorities in determining suitable locations that are compatible with existing and planned development, in effort to reduce or eliminate potential conflicts,

c) Use of appropriate aesthetic treatments by all public and private utilities will be examined relative to site location and adjacent area land use. Efforts to minimize visual impacts on sensitive adjacent land uses will be required and may include landscape planting/screening, architectural treatments or combination thereof. Aesthetic mitigation requirements will be determined in consultation with the Town and on a site specific basis.

d) Safety standards and separation requirements shall be strictly enforced when located close to residential development.

4.17.21 Neighbourhood Gateways

a) The Spears-High Pointe neighbourhood represents (in Part) the western gateway into Fort Erie’s Main Urban Area. The municipal offices and existing sign act as an effective major gateway feature into this urban area. Consideration on establishing minor gateway features at the various neighbourhood entry points may be given in effort to identify and distinguish the neighbourhood from its southern neighbours (Crescent Park and Kraft neighbourhoods).

b) Efforts to achieve minor gateways can be accomplished through such measures as minor architectural features at road intersections, landscaped treatments, decorative fencing, alone or in combination with one another.

c) Identifiable minor gateway locations the Town has given consideration to are identified on Schedule SHP-4 and are described as being located at:

• Garrison Road bordering the major commercial development and the high density designation; • Pettit Road at the northern most point of the Plan Area.

d) Development occurring at these identified locations shall be encouraged to incorporate minor gateway features, in consultation with the Town, as part of 38

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 147 of 212 Town of Fort Erie ‐ Official Plan Amendment No. 8 – SPEARS‐HIGH POINTE SECONDARY PLAN – Adopted December 10th, 2012 the development proposals. Other areas may be considered during the development consultation and application stages.

e) Should minor gateway features be considered for locations on or immediately adjacent to Garrison Road, the Town and/or developer shall consult with the Region in determining interest or requirements.

4.17.22 Interpretation of the Plan

The Spears-High Pointe Secondary Plan (Official Plan Amendment No.8) consists of Sections 4.17.1 through 4.17.21, and Schedules “SHP-1”, “SHP-2”, “SHP-3” and “SHP-4”.

The text and Schedules of the Official Plan for the Town of Fort Erie continue to apply except where they are in conflict with, or are less restrictive than this Secondary Plan, in which case the text and maps of this Secondary Plan shall prevail.

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PART “C” THE APPENDICES

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 153 of 212 APPENDIX "1" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 154 of 212 APPENDIX "2" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

PUBLIC NOTICE

SPEARS / HIGH POINTE NEIGHBOURHOOD PLAN / SECONDARY PLAN INFORMATION OPEN HOUSE

TUESDAY, MARCH 27, 2012 Material & Display Preview 6:30 PM – Presentation and Q&A 7:00 to 8:00 PM ATRIUM & COUNCIL CHAMBERS – TOWN HALL 1 MUNICIPAL CENTRE DRIVE, FORT ERIE

Residents, property owners, business owners and all interested citizens are invited to attend this Open House for the Spears / High Pointe Neighbourhood. The Town is undertaking the process of updating and formalizing the Neighbourhood Plan by way of Official Plan Amendment, commonly referred to as a Secondary Plan. The Plan will require adoption by Fort Erie Council and is subject to Regional Approval prior to forming part of our Official Plan. Once a Secondary Plan has been approved, it would serve as the guiding land use and policy document for the lands identified above. This is the first meeting in a series of public forums that provide attendees with an opportunity to:

• Comment on the proposed Neighbourhood Concept Plan • Provide comments on key issues important to existing residents and stakeholders • Provide suggestions for consideration by staff during plan formulation

Come out and help us shape the future of the Spears / High Pointe Neighbourhood. Town Council has made no decision on the proposed Secondary Plan. For further information please contact:

Chris Millar, CPT, MCIP, RPP, Neighbourhood Planner Community and Development Services Department 1 Municipal Centre Drive Fort Erie, Ontario L2A 2S6 (905) 871-1600 ext. 2503 [email protected] REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 155 of 212 APPENDIX "2" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

NOTICE OF PUBLIC INFORMATION MEETING

February 17, 2012

Dear Property Owner,

Re: Spears ‐ High Pointe Secondary Plan – Public Information Meeting No.1

The Town of Fort Erie have initiated a planning process to update the previously adopted Spears ‐ High Pointe Neighbourhood Plan by way of an Official Plan Amendment (a Secondary Plan) in order to have a comprehensively planned community that will form part of, and be recognized within, the Town’s Official Plan.

Our records indicate you are the owner(s) of lands inside, or within 120m of the Secondary Plan boundary.

This letter is to advise that a Public Information Meeting has been scheduled for March 27th, 2012, and will be conducted at Town Hall from 6:30pm to 8:30pm. Please see the reverse side for Notice information about the meeting and a key map showing the Secondary Plan boundary.

This is the first of two planned Public Information Meetings to introduce the Conceptual Neighbourhood Plan as modified from the 2002 Council adopted Neighbourhood Plan. The modifications to the plan have been mandated through recent legislation and policy updates of the Province and Regional governments.

Additional Information Meetings may be scheduled dependant on the comments and concerns raised through the public and stakeholder consultation process. Please note this is not the Statutory Public Meeting required under the Planning Act. A Statutory Public Meeting will be scheduled following our informal Public Information Meetings and before Town Council considers the Secondary Plan.

This Notice will also be posted on the Town’s website and published in the Fort Erie Times newspaper. The Conceptual Development Plan will also be made available on the Town’s website in the near future.

Please review the attached Notice and if you have any questions, please contact Chris Millar at the Town of Fort Erie for any clarification on the scheduled meeting.

Sincerely,

Chris Millar, CPT, MCIP, RPP [email protected] 905‐871‐1600 ext. 2503 Town website: www.town.forterie.on.ca

(Choose “Neighbourhood / Secondary Plans” from the top right “Quick Links” pull‐down menu. Then select “Spears‐High Pointe” from the right menu, just above the calendar.)

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 156 of 212 APPENDIX "2" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

PUBLIC NOTICE

SPEARS / HIGH POINTE NEIGHBOURHOOD PLAN / SECONDARY PLAN INFORMATION OPEN HOUSE

TUESDAY, MARCH 27, 2012 Material & Display Preview 6:30 PM – Presentation and Q&A 7:00 to 8:00 PM ATRIUM & COUNCIL CHAMBERS – TOWN HALL 1 MUNICIPAL CENTRE DRIVE, FORT ERIE

Come out and help us shape the future of the Spears / High Pointe Neighbourhood. Town Council has made no decision on the proposed Secondary Plan. For further information please contact:

Chris Millar, CPT, MCIP, RPP, Neighbourhood Planner Community and Development Services Department 1 Municipal Centre Drive Fort Erie, Ontario L2A 2S6 (905) 871-1600 ext. 2503 [email protected] REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 157 of 212 APPENDIX "2" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

PUBLIC NOTICE

SPEARS / HIGH POINTE NEIGHBOURHOOD PLAN / SECONDARY PLAN 2nd INFORMATION OPEN HOUSE

TUESDAY, SEPTEMBER 11, 2012 Material & Display Preview 6:30 PM – Presentation and Q&A 7:00 to 8:00 PM ATRIUM & COUNCIL CHAMBERS – TOWN HALL 1 MUNICIPAL CENTRE DRIVE, FORT ERIE

Residents, property owners, business owners and all interested citizens are invited to attend this Information Meeting for the Spears / High Pointe Neighbourhood. The Town is undertaking the process of updating and formalizing the Neighbourhood Plan by way of Official Plan Amendment, commonly referred to as a Secondary Plan. The Plan will require adoption by Fort Erie Council and is subject to Regional approval. Once a Secondary Plan has been approved, it will serve as the guiding land use and policy document for the lands identified above. This is the second meeting in a series of public forums that provides attendees with ability to:

• Comment on the proposed Secondary Plan and Schedules • Provide comments on key issues important to existing residents and stakeholders • Provide suggestions for consideration by staff prior to final draft preparation

The draft Secondary Plan document and Schedules are posted on the Town’s Spears/High Pointe Neighbourhood/Secondary Plan webpage for public access. Please visit www.town.forterie.ca followed by selecting the “Quick Links” menu, select “Neighbourhood/Secondary Plans”, and choose “Spears/High Pointe Secondary Plan”. Alternatively, a copy of the draft Secondary Plan can be viewed at the Town Hall Community and Development Services counter.

Come out and help us shape the future of the Spears/High Pointe Neighbourhood for Council’s future consideration. For further information please contact:

Chris Millar, CPT, MCIP, RPP, Neighbourhood Planner Community and Development Services Department 1 Municipal Centre Drive, Fort Erie, Ontario L2A 2S6 (905) 871-1600 ext. 2503 [email protected] REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 158 of 212 APPENDIX "2" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

NOTICE OF 2nd PUBLIC INFORMATION MEETING

August 13, 2012

Dear Property Owner,

Re: Spears/High Pointe Secondary Plan – Public Information Meeting No.2

The Town of Fort Erie is engaged in a planning process to update the previously adopted Spears/High Pointe Neighbourhood Plan. The 1st Public Information Meeting was conducted on March 27th, 2012 to present the direction being taken with the Plan and explanation on the Official Plan Amendment (a Secondary Plan) process.

Our records indicate you are the owner(s) of lands inside, or within 120m of the Secondary Plan boundary.

This letter is to advise that the 2nd of two (2) planned Public Information Meetings has been scheduled for Tuesday, September 11th, 2012, and will be conducted at Town Hall from 6:30pm to approximately 8:00pm. Please see the reverse side for “Notice” information about the meeting and a key map showing the Secondary Plan boundary.

This meeting will be used to update the Public on the modifications made to the Schedules as a result of public input and agency comments. Draft policies are also available for review and comment.

This Notice is posted on the Town’s website and is being published in the Fort Erie Times newspaper.

The current draft documents are available for download and review from the Town’s Spears/High Pointe Secondary Plan page. Please see the Notice (reverse side) for more details on accessing the documents.

Please note this is not the Statutory Public Meeting required under the Planning Act. A Statutory Public Meeting will be scheduled following our informal Public Information Meetings and before Town Council makes any decision on the Secondary Plan.

Please review the Notice and if you have any questions, please contact Chris Millar at the Town of Fort Erie for any further clarification on the scheduled meeting.

Sincerely,

Chris Millar, CPT, MCIP, RPP [email protected] 905‐871‐1600 ext. 2503 Town website: www.town.forterie.on.ca

(Choose “Neighbourhood / Secondary Plans” from the top right “Quick Links” pull‐down menu. Then select “Spears‐High Pointe” from the right menu, just above the calendar.)

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 159 of 212 APPENDIX "2" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

PUBLIC NOTICE

SPEARS / HIGH POINTE NEIGHBOURHOOD PLAN / SECONDARY PLAN 2nd INFORMATION OPEN HOUSE

TUESDAY, SEPTEMBER 11, 2012 Material & Display Preview 6:30 PM – Presentation and Q&A 7:00 to 8:00 PM ATRIUM & COUNCIL CHAMBERS – TOWN HALL 1 MUNICIPAL CENTRE DRIVE, FORT ERIE

Come out and help us shape the future of the Spears/High Pointe Neighbourhood for Council’s future consideration. For further information please contact:

Chris Millar, CPT, MCIP, RPP, Neighbourhood Planner Community and Development Services Department 1 Municipal Centre Drive, Fort Erie, Ontario L2A 2S6 (905) 871-1600 ext. 2503 [email protected] REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 160 of 212 APPENDIX "2" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

NOTICE OF PUBLIC MEETING SPEARS/HIGH POINTE SECONDARY PLAN

DATE: MONDAY, NOVEMBER 5th, 2012 TIME: 6:00 PM LOCATION: COUNCIL CHAMBERS TOWN HALL - 1 MUNICIPAL CENTRE DRIVE, FORT ERIE

PROPOSAL The Town of Fort Erie has initiated an Official Plan Amendment process for the lands shown on the accompanying sketch. The proposal is referred to as the Spears/High Pointe Secondary Plan (OPA 8) and comprises an area of approximately 214 ha. The Amendment is proposing a detailed set of land use policies and land use designations for the Plan Area that are intended to guide future development in a comprehensive and cohesive manner. The area currently contains a mix of predominantly residential and commercial uses, with institutional and some employment lands. The Plan Area also contains natural feature areas and several heritage related resources.

The Secondary Plan intends to integrate the existing residential character of the area with future development, which will include a variety of built form to broaden the choice of housing. The Garrison Road corridor is the focus of intensification with the introduction of mixed use, medium and high density designations that will assist in supporting existing commercial and transit opportunities. The Plan provides support of the complete community concept at build-out and addresses this through:

• Refinements to existing draft plans to ensure integration with the community from a traffic and pedestrian perspective, as well as intensification where appropriate; • Providing appropriately located intensification within the broader community, which holistically meets and exceeds provincial targets at complete build-out; • The incorporation of a future employment area and core mixed uses to strengthen the complete community and walkability concepts and principles; • Protection of natural heritage in accordance with the policies of the parent Official Plan and NPCA regulations; • Addressing traffic concerns such as those identified by residents and the Region in the area of Spears Road, Alliston Avenue at their intersection with Garrison Road; • Providing for age-in-place opportunities; and • Efficient use of existing infrastructure.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 161 of 212 APPENDIX "2" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

HAVE YOUR SAY Input on the proposed Amendment is encouraged. You can provide input by speaking at this scheduled meeting. You are not required to register in advance to speak at the meeting.

Written submissions should be made on or before November 5th, 2012. Written comments should be directed to:

Chris Millar, MCIP, RPP, Neighbourhood Planner, Community and Development Services Department, Town Hall, 1 Municipal Centre Drive, Fort Erie, Ontario L2A 2S6

By e-mailing your comments to [email protected]

MORE INFORMATION For more information, please contact Chris Millar, MCIP, RPP at (905) 871-1600 ext. 2503 or visit the Community and Development Services counter at Town Hall between 8:30 a.m. and 5:00 p.m. A copy of the proposed Official Plan Amendment will be available for public review at the Community and Development Services counter up until the Meeting. The document is also available on the Town’s website www.forterie.ca . Refer to the “Announcements” section on the main page to access the document links.

An Information Report will be available at Town Hall or as part of the on-line meeting Agenda package on the Thursday prior to the scheduled Public Meeting date. Town Council has not made a decision on this proposed Amendment. A Recommendation Report will be prepared by Community and Development Services staff for consideration by Council at a subsequent meeting.

Niagara Region is the approval authority for Secondary Plans. Should Town of Fort Erie Council adopt the Secondary Plan, it will be forwarded to Niagara Region for final approval. If you seek to appeal a Regional decision to approve the Plan to the Ontario Municipal Board, any such appeal is required to be filed with the Regional Clerk. Details on filing an appeal will be provided in the Town’s Notice following a decision on Adoption.

LEGAL NOTICE If a person, or public body, does not make oral submissions at a public meeting, or make written submissions to the Town of Fort Erie before the proposed amendment is adopted, the person, or public body, is not entitled to appeal the decision of the approval authority to the Ontario Municipal Board.

If a person, or public body, does not make oral submissions at a public meeting, or make written submissions to the Town of Fort Erie before the proposed amendment is adopted, the person, or public body, may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so.

If you wish to be notified of Town Council’s decision on adoption, you must make a written request to the Town Clerk.

To request a written notice of adoption on the proposed Amendment, please send a request to Ms. Carolyn Kett, Town Clerk, 1 Municipal Centre Drive, Fort Erie, Ontario, L2A 2S6. Any such request should include the name and address to which such notice should be sent.

Dated this 13th day of October, 2012

Carolyn Kett, Town Clerk Richard Brady, M.A. MCIP, RPP Town Clerk Director, Community and Development Servicies

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 162 of 212 APPENDIX "2" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

SPEARS‐HIGH POINTE SECONDARY PLAN Consultation Summary

• Pre‐consultation with the Region of Niagara and NPCA; • Iterative Development Concept Plan design and distribution with review and comment solicited from Region and NPCA;

• Two meetings conducted with remaining original Focus Group Members for information and feedback on the Plan with invitation to comment;

• Public Information Meeting No.1 (March 27, 2012) conducted as an Open House and Open Presentation Forum following a comprehensive Notice circulation (direct mailing to all property owners in or within 120m of Plan Area) and posting in Fort Erie Times and on Town website. Also included open invitation to comment and followed with posting of all presented materials on the Town website for public access;

• Presentation and discussion with Town Committees including the Environmental Advisory Committee, Active Transportation Committee, Technical Planning Advisory Committee and Heritage Committee with circulation Notice and invitation to comment;

• Informal circulation to Town departments and outside agencies for comment on the Draft Secondary Plan;

• Informal information exchange meetings with Canadian Niagara Power and District School Board of Niagara;

• Posting of draft Secondary Plan in advance of Public Information Meeting No.2;

• Public Information Meeting No.2 (Sept. 11, 2012) conducted as an Open House and Open Presentation Forum following a comprehensive Notice circulation (direct mailing to all property owners in or within 120m of Plan Area) and posting in Fort Erie Times and on Town website. Also included open invitation to comment and followed with posting of all presented materials on the Town website for public access;

• Multiple one‐on‐one meetings with developers, area landowners and interested stakeholders over the course of the program;

• Formal circulation of Draft Secondary Plan to Stakeholder agencies, Region, NPCA and internal departments for final formal comments accompanied by Notice of Statutory Public Meeting; and

• Issuance of Notice of formal Statutory Public Meeting (direct mailing to all property owners in or within 120m of Plan Area) and posting of final draft Secondary Plan documents on Town website for full public access (October 11th and 12th, 2012). Formal Notice posting in Fort Erie Times (October 13th, 2012).

Prepared by Chris Millar MCIP,RPP Neighbourhood Planner Town of Fort Erie Decemeber 4th, 2012

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 163 of 212 APPENDIX "3" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

The Municipal Corporation of the Town of Fort Erie

COUNCIL-IN-COMMITTEE MEETING

MONDAY, NOVEMBER 5, 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) ROLL CALL

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

K. Dolch, Manager of Development Approvals D. Heyworth, Manager, Land Use Policy M. Kernahan, Senior Development Planner C. Millar, Neighbourhood Planner S. Dunsmore, Development Coordinator

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

MEMBERS OF THE PUBLIC PRESENT: 32

3) REVIEW OF ADDENDUM/ANNOUNCEMENTS

Addendum

Deletion of Report No. CDS-85-12 due to applicant’s submission of a letter rescinding their request for a variance to the Fence By-law.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 164 of 212 APPENDIX "3" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

COUNCIL-IN-COMMITTEE MINUTES – MONDAY, NOVEMBER 5, 2012 PAGE THREE

6) PUBLIC MEETINGS – PLANNING ACT

(a) Secondary Plan Amendment (Official Plan Amendment No. 8)

Re: Spears-High Pointe Secondary Plan (west side of Thompson Road; portions east of Fort Erie Golf Club and east of Pettit Road; north of Garrison Road and south of the Q.E.W.). The Secondary Plan intends to integrate the existing residential character of the area with future development, which will include a variety of built form to broaden the choice of housing

Mr. Millar 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 Spears-High Pointe Secondary Plan Amendment for lands located on the west side of Thompson Road; portions east of Fort Erie Golf Club and east of Pettit Road; north of Garrison Road and south of the Q.E.W.

Mr. Millar, Neighbourhood Planner explained that it is an important milestone to now present the Spears-High Pointe Neighbourhood Draft Official Plan Amendment No. 8 referred to commonly as the Spears-High Pointe Secondary Plan. He outlined the boundary of the subject lands and provided statistics on existing conditions including planning area, population, dwellings, Greenfield and Built-up Areas.

Mr. Millar outlined the brief history of the Nieghbourhood Plan beginning in 2000. Council adopted the Spears-High Pointe Neighbourhood Plan in 2002 however, infrastructure improvements that prevented development from occurring have been completed and became operational in 2012 being the Frenchman’s Creek sanitary trunk, Alliston Avenue pumping station and Garrison Road reconstruction. During the past decade considerable change has occurred at the Provincial and Regional levels that must be addressed aligning with the Region’s Growth Management Study and the Provincial Policy Statement “Complete Communities/Wise Use of Resources” and “Places to Grow – Intensification/Targeted Growth Areas.”

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COUNCIL-IN-COMMITTEE MINUTES – MONDAY, NOVEMBER 5, 2012 PAGE FOUR

Mr. Millar explained in 2011 the Town’s Official Plan was approved by the Region which was adopted by Council in 2006. It recognized Neighbourhood and Secondary Planning as an important part of addressing Regional Growth Management conformity. The Official Plan directs that Neighbourhood Plans be incorporated in the Town’s Official Plan by Amendment (Secondary Plan).

Mr. Millar advised staff have undertaken considerable efforts in soliciting input and consultation to arrive at the draft plan being presented. There was a pre-consultation with the Region and NPCA, Iterative Development Concept Plan design and distribution for review and comment from the Region and NPCA, meetings with the remaining original Focus Group members and Public Information Meetings held March 27, 2012 and September 11, 2012 respectively. He recognized a number of individuals who attended one or both of those meetings:

Mr. Millar advised presentations and discussions were also undertaken with Town Committees as well as informal circulation to Town departments and outside agencies for comment. Informal exchange meetings were held with Canadian Niagara Power and District School Board of Niagara. Multiple one on one meetings were held with developers, area landowners and interested stakeholders over the course of the program. Formal circulation to stakeholder agencies, Region, NPCA and internal departments for final formal comments and issuance of notice of formal Statutory Public Meeting and posting of final draft Secondary Plan on Town’s website.

Mr. Millar stated an amendment of this nature is more comprehensive than dealing with a single property. He identified several key components of the Plan that are proposed for the development of a “complete community.” He explained since the original draft of the Conceptual Development Plan released in February 2012 and based on comments received from public submissions and agency circulations, modifications were made to the Plan.

Mr. Millar highlighted various components of the Neighbourhood Concept Plan such as Greenfield and Built-up Areas; Land Use Plan; Open Space and Natural Heritage Plan; Locally Significant Wetlands and Buffering; and Transportation System Plan. Total projected units are 1,575; total projected jobs (Industrial/Commercial) are 1,875; and total projected population is 3,985 people.

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

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COUNCIL-IN-COMMITTEE MINUTES – MONDAY, NOVEMBER 5, 2012 PAGE FIVE

(a) Maria Lirio, 1074 Garrison Road

Ms. Lirio stated she is in favour of rezoning to mixed use and the reason is jobs. She wants to be self-sufficient and this would permit her to operate a business. She is planning to make and sell Argentian delicacies in Buffalo, Niagara Falls, St. Catharines, Toronto and eventually Fort Erie. Small businesses help a community.

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

(a) George Parazader, 980 Ridge Road North

Mr. Parazader stated he is not for or against the Plan but wants clarification. The property he owns is 2 acres bounded by Florence Drive, Ellis Avenue and Glen Bell Avenue unopened road allowances and shown as Open Space to be used as an active transportation trail. He questioned how would that affect him and does the Town want to purchase it. He indicated that would put him in a predicament if these lands were used as trailways or a park without knowing what arrangements the Town is willing to make. He questioned the Town’s position and requested clarification before Council makes a decision.

Mayor Martin announced the Public Meeting was now concluded.

(b) Property Rezoning

Re: Owner/Applicant: Town of Fort Erie - for lands located on the north side of Washington Road, west of Helena Street. The applicant is proposing to change the zoning from Residential 2 R2 Zone to a Residential Multiple 1RMI Zone which permits the full range of residential uses, including single detached, semi-detached, duplex, triplex and townhouse dwellings as well as home occupations

Mr. Kernahan 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 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 property rezoning for lands located on the north side of Washington Road, west of Helena Street.

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.

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COUNCIL-IN-COMMITTEE MINUTES – MONDAY, NOVEMBER 5, 2012 PAGE THIRTEEN

(g) REPORT NO. CDS-93-12 - EXTENSION OF DRAFT PLAN APPROVAL - KING STREET SUBDIVISION (51 KING STREET) PLAN OF SUBDIVISION, NORTHWEST CORNER OF KING STREET AND ALBANY STREET

THAT:Council hereby extends draft plan approval for the King Street Subdivision located at the northwest corner of King Street and Albany Street to November 13, 2013, and further

THAT:The owner and Regional Public Works Development Services Division be so advised, and further

THAT:Conditions of Draft Plan Approval for the King Street Draft Plan of Subdivision be amended as detailed in Appendix “5” to Report No. CDS-93-12, and further

THAT:The amended conditions of Draft Plan Approval be circulated to the applicable agencies in accordance with the requirements of the Planning Act. (CARRIED) 7.6 Consent Agenda Recommendation

Recommendation No. 1 Moved by: Councillor Shular

THAT:The recommendations contained in Report Nos. CDS-87-12, CDS-88-12, CDS-89-12, CDS-90-12, CDS-91-12, CDS-92-12 and CDS-93-12 be and they are hereby approved. (CARRIED)

7.7 Item(s) Removed for Separate Consideration

NIL

8) COMMUNITY AND DEVELOPMENT SERVICES

(A) DELEGATIONS

NIL

(B) REPORTS

(a) REPORT NO. CDS-81-12 – SPEARS/HIGH POINTE SECONDARY PLAN - INFORMATION REPORT & STATUTORY PUBLIC MEETING

Recommendation No. 2 Moved by: Councillor Passero

THAT:Report No. CDS-81-12 regarding proposed Official Plan Amendment No. 8, being the Spears-High Pointe Secondary Plan, be received for information purposes, and further

THAT:A staff recommendation report on Proposed Official Plan Amendment No. 8 be presented at a future Council-in-Committee Meeting having considered all sources of informal and formal comments by stakeholders, agencies and the general public. (CARRIED)

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Spears-High Pointe Secondary Plan Oct 10/12 - Final Draft McInnes, Suzanne to: Chris Millar ([email protected]) 10/26/2012 09:40 AM Cc: "Earl, Lindsay" Hide Details From: "McInnes, Suzanne"

To: "Chris Millar ([email protected])"

Cc: "Earl, Lindsay"

Hi Chris, thanks for discussing the amendment with me over the last couple of days. The Amendment is consistent with what we have previously commented on (August 20, 2012). As noted there, the NPCA is interested in reviewing the implementing Zoning By‐law when it is available.

Thanks.

Suzanne McInnes, MCIP, RPP Manager, Watershed Development Services Niagara Peninsula Conservation Authority 250 Thorold Road West, 3rd Floor Welland, Ontario L3C 3W2 phone: (905) 788-3135 ext. 235 fax: (905) 788-1121 [email protected] www.npca.ca

The Niagara Peninsula Conservation Authority Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 171 of 212 file://C:\Documents and Settings\CMillar\Local Settings\Temp\notes87944B\~web2626.htm 12/5/2012 REGULAR MEETING OFCOUNCIL -10DEC 2012

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Re: Comment Submission Maria Lirio to: Chris Millar 09/27/2012 09:57 PM Hide Details From: Maria Lirio

To: Chris Millar

Please respond to Maria Lirio

Thanks very much Chris.

Maria Lirio

From: Chris Millar To: [email protected] Sent: Thursday, September 27, 2012 8:42 AM Subject: Comment Submission

Thank you for your submission Maria. I will include your comments in the Information Report that will be provided to Council prior to the Public Meeting. You will receive Notice of the Public Meeting in the mail. We are hoping to have it scheduled for Monday November 5th. I am working diligently to reach that target. Sincerely, Chris

------SUBMISSION FROM TOWN OF FORT ERIE WEB SITE ------FROM: Maria Lirio ( [email protected] )

SUBMITTED ON: 9/27/2012 1:50:43 AM

------START COMMENTS / MESSAGE ------

To Chris Millar and Zoning and Development Staff: This email is to again, support the "Mixed Use" zoning for my property located at 1074 Garrison Rd. It is the best move that the town has made in a long time; and we in total support of it.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 177 of 212 file://C:\Documents and Settings\CMillar\Local Settings\Temp\notes87944B\~web4395.htm 12/5/2012 Page 2 of 2 Appendix "4" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

Maria Lirio

------END COMMENTS / MESSAGE ------

Chris Millar, CPT, MCIP, RPP Neighbourhood Planner Town of Fort Erie 1 Municipal Centre Drive Fort Erie, Ontario Canada L2A 2S6

TEL: 1-905-871-1600 ext.2503 FAX: 1-905-871-9984

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 178 of 212 file://C:\Documents and Settings\CMillar\Local Settings\Temp\notes87944B\~web4395.htm 12/5/2012 Appendix "4" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

November 5, 201

Town of Fort Erie 1 Municipal Centre Fort Erie, ON L2A 2S6

Attention: Chris Millar

Dear Mr. Millar,

Re: Spears/High Pointe Secondary Plan

There are several issues with respect to this plan that warrant further consideration before the approval of a final, official plan. The Spears Road Estate Draft Plan (of subdivision to the north between Spears Road and Garrison Road Public School) is directly north of our property on 1042 Garrison Road, separated by a small parcel of land (approximately one acre). Changes to the neighborhood have a direct impact on our property where myd husban and I live, and I operate a chiropractic office. We would like this letter to be submitted on our behalf as part of the official record.

Our concerns about the Spears Road Estate Draft Plan are with respect to safety/access, traffic and water drainage. The original Draft Plan Approval and Zoning By‐Law Amendment permitted 40 single detached dwellings, and that is being revised to include a higher density of 53 dwellings. This subdivision at present has only one access off of Spears Road. There have been questions at both Town Hall meetings (i.e. June and September) with respect to a secondary access at the northeast corner of the plan; the answers we received were contradictory and vague, mainly due to the issue of wetland to the north. We feel that there should be a secondary access on the plan, especially if there is going to be an increase ine th density of development, and not added at “some later date”.

The density becomes even more of an issue when you factor in your proposal to increase the density of the property directly to the north of our property (that owned by the Benners). This should also be factored in to the “one access” Spears Road Estate development, because it will use the same access. So now you have a development with potentially 65‐70 dwellings using one access. We are very much opposed to this parcel of land being designated for higher density due to this traffic/safety issue (and also water drainage). In previous meetings, we have been advised that this plan has received approval with respect to emergency access. Since you are potentially increasing the density by designating this parcel of land as medium density, we would like to see another written approval by the departments dealing with emergency access.

We would also like to have a definite answer as to when Spears Road will be improved to handle this increase in traffic from both developments on the east and west side of Spears Road. How many homes will have to be constructed before Spears Road will be updated? A secondary access to the Spears Road Estate Draft Plan should be implemented not only for emergency purposes, but also to alleviate a heavy traffic demand on Spears Road.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 179 of 212 Appendix "4" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

The other concern we have is water drainage. The Benner’s property, that you are proposing to designate medium density, has the potential to result in much more water draining on to our property. We already have an issue with water pooling at the rear of our property. When you increase the density to our north side, we will have even more of a water problem. We highly doubt that this water will have the potential to drain over to the storm water management pond.

The final concern that I have about your Spears/High Pointe Secondary Plan is “your” designation of mixed use properties surrounding our property. As you are aware, when we re‐zoned our property years ago in 2001, letters were sent out to all the neighbors for approval. When you designate these properties as commercial on the lower levels (mixed use), you are opening the door to anything that falls within the guidelines, regardless of what the present residents would like to see. Anything that is going to be developed on these small parcels of land will be “small business”. You will increase the value of the land by designating it commercial, and hence make it more expensive and less attractive for a small business to invest in the property. This type of action does not encourage small business. We’ve been there and done that. When we were applying to re‐zone our property, the advice (from a town planner) was to remain R1 site specific. Why? Because it was less red tape, and the overall cost was less. If it is your intent to encourage small business, and you know that you will make the process easier for those individuals, why designate these properties mixed use? Let the individual apply, and go forward from that point. There is no big company buying these small parcels of land that will need to be “shovel ready”.

In closing, as taxpayers, business owners, and residents of Garrison Road, “we” need to decide the direction of our community, especially when it impacts us directly. The revised plans, from the developer of Spears Road Estates Subdivision, has given careful consideration to the residents along Spears Road, and they have kept higher density away from the rear of their properties. The question we have for you, Mr. Millar, is ‘why are you not giving us the same consideration (as the developer has given the Spears Road residents) by keeping the designation of the property directly to our north as single family dwellings?’ You appear more interested in meeting your “density quotas” and helping a land owner, who is a non‐resident of this region, make their property more “saleable”. We have no issues with this land being developed as single family dwellings. We do not want higher density residents directly at the rear of our property.

I have practiced in Fort Erie for over 20 years. We invested in Fort Erie, built a business here, created employment, and beautified an old home on Garrison Road. We have been involved in the community, and have made it a point to support other small business in town. We do not want your planning decisions to jeopardize our investment in Fort Erie.

Sincerely,

Dr. Edwardine Drost, D.C.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 180 of 212 Appendix "4" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

To: Town of Fort Erie Dec. 3/12

Mayor Doug Martin and council members

Ref: Spears High Pointe Secondary Neighbourhood Plan

Re: Attached portion of referenced plan; Specifically the 2.2 Acre portion outlined in Red and the 3 Acre portion outlined in Blue.

Town planning proposes to include the parcel in Red in its plan to provide for interconnecting trailways, open space and corridor linkages.

From meetings and numerous discussion with staff, the recommendations was for the property outlined in Red be taken by the Town as Parkland dedication for the adjacent property shown in Blue.

We have no objections with the property in Red being designated “Open Space” provided the council is in agreement with the recommedation and that a time be set for the transaction.

George Parazader 980 Ridge Rd. N Ridgeway LOS I NO

905 894 5578

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 181 of 212 ____, Appendix "4" - PART "C" - OPA 8 - TOWN OF FORT ERIE - SPEARS-HIGH POINTE SECONDARY PLAN

ATTACHMENTTO C.DS. LETTER TO G. PARAZADER DATED NOVEMEBR23, 2012

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REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 182 of 212

The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 132-12

BEING A BY-LAW TO ENACT AN AMENDMENT TO THE OFFICIAL PLAN FOR THE TOWN OF FORT ERIE

AMENDMENT NO. 9 COMMUNITY IMPROVEMENT POLICIES AMENDMENT File No. 350302.0071

THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF FORT ERIE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 17 OF THE PLANNING ACT S.O. 1990 HEREBY ENACTS AS FOLLOWS:

1. THAT amendment No.9 to the Official Plan for the Town of Fort Erie consisting of the attached explanatory text is hereby adopted.

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

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF DECEMBER, 2012.

______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. 132-12 of the said Town. Given under my hand and the seal of the said Corporation this ____ day of ______,2012.

______

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 183 of 212 Town of Fort Erie - Official Plan Amendment No. 9—Community Improvement Plan Policies — Adopted December 10th, 2012

AMENDMENT NO. 9

TO THE OFFICIAL PLAN FOR THE TOWN OF FORT ERIE

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 184 of 212 Town of Fort Erie - Official Plan Amendment No. 9—Community Improvement Plan Policies — Adopted December 10th, 2012

CONTENTS

PART “A” - THE PREAMBLE

Section 1 - Title and Components

Section 2 - Purpose of Amendment

Section 3 - Location of this Amendment

Section 4 - Basis of this Amendment

Section 5 - Implementation

PART”B” - THE AMENDMENT

Introductory Statement

Details of the Amendment

PART “C” - THE APPENDICES

Appendix 1 - Plan Showing Subject Lands (Location Map)

Appendix 2 - Notice of Public Information Processes

Appendix 3 - Public Meeting Minutes

Appendix 4 - Circulation Comments

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 185 of 212 REGULAR MEETING OFCOUNCIL -10DEC 2012

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PART “A” - THE PREAMBLE

SECTION 1 TITLE AND COMPONENTS

This document, when approved in accordance with Sections 17 of The Planning Act, 1990, shall be known as Amendment No. 9 to the OfficialPlan of the Town of Fort Erie.

Part “A”,the Preamble does not constitute part of this amendment.

Part “B”,the Amendment, consisting of the following text constitutes Amendment No. 9 to the OfficialPlan of the Town of Fort Erie.

Also attached is Part “C”, the Appendices, which does not constitute part of this amendment. These Appendices contain the background information, planning considerations and public involvement associated with this amendment.

SECTION 2 PURPOSE OF THE AMENDMENT

The Town’s Official Plan contains Official Plan policies enabling the Town to approve Community Improvement Plans anywhere within the urban area to accomplish certain redevelopment objectives. The Town proposes to amend the Official Plan to allow the lands of the Canadian Motor Speedway, recognized as a “strategic location for investment”, but outside the urban area, to be included in the Town of Fort Erie Gateway Economic Zone Community Improvement Plan, provided the land use is permitted after any legislative challenges to the Ontario Municipal Boards approval of the development.

SECTION 3 LOCATION AND SElliNG OF THE AMENDMENT

The lands, which are the subject of this amendment, are located generally south of Bowen Road, north of Gilmore Road and west of the Queen Elizabeth Highway. The lands are more specifically identified on Schedule A of the OfficialPlan as Site Specific Policy Area # 12.

The proposed amendment willpermit the lands associated with the Canadian Motor Speedway (CMS) to be included in a Community Improvement Plan. The inclusion of the CMS lands into a CIP will provide for incentives and strategies to allow the key employment sectors of the development to develop as soon as possible.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 187 of 212 Town of Fort Erie - Official Plan Amendment No.9—Community Improvement Plan Policies —Adopted December 10th, 2012

SECTION 4 BASIS OF THE AMENDMENT

The basis for permitting this amendment is as follows:

a) In general, it is appropriate for community improvement policies to apply within the urban area as that is where the focus of development is directed to. However, the Canadian Motor Speedway is an important employment generator. These lands should be included within the Gateway Economic Zone Community Improvement Plan as the creative package of incentive tools and leadership strategies offered by the CIP could assist in bringing all the components of the development to complete build out stage at a faster rate. It is important that employment sectors associated with the speedway itself receive the same opportunities as other strategic locations for investment in order to ensure the synergies of the development are maximized.

b) The proposed Official Plan amendment has been structured to deal with the Canadian Motor Speedway lands only and not open the door for other lands outside the urban area boundary to be included within Community Improvement Project Areas. c) Section 28 of the Planning Act does allow the municipality to develop Community Improvement Plans outside the urban area boundary.

d) While the proposed Fort Erie Gateway Economic Zone and Centre Community Improvement Plan (Gateway CIP) includes the lands of the Canadian Motor Speedway (CMS), this proposed Official Plan amendment provides flexibility for qualified development on these lands to be part of the proposed Gateway CIP or other Community Improvement Plan.

e) Regional Council acknowledged the importance of the CMS in approving a modification to RPPA 1-2012 recognizing the CMS development as significant employment uses and considered to be a Strategic Location for Investment, not within a settlement area.

f) The potential effect of the proposed amendment on the financial position of the municipality is determined by the details of the proposed Community Improvement Plan that would apply to the CMS lands.

SECTION 5 IMPLEMENTATION

The proposed amendment willpermit the Canadian Motor Speedway lands to be included within a Community Improvement Project area and Community Improvement Plan, which could include the proposed Fort Erie Gateway Economic zone Community Improvement Plan. Section 28 allows municipalities to identify community improvement project areas which can be a

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 188 of 212 Town of Fort Erie - Official Plan Amendment No. 9—Community Improvement Plan Policies—Adopted December 10th, 2012

municipality or any part there of as directed by the Official Plan. Further community economic development can be a reason for identification.

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 189 of 212 PART “B” THE AMENDMENT

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 190 of 212 Town of Fort Erie - Official Plan Amendment No. 9—Community Improvement Plan Policies — Adopted December 10th, 2012

PART “B” - THE AMENDMENT

All of this part of the document entitled “Part “B” - “The Amendment” consisting of text changes constitute Amendment No. 9 to the Official Plan adopted by By-law No. 150-06 for the Town of Fort Erie Planning Area. The Official Plan for the Town of Fort Erie, as amended, is hereby further amended by the following text change:

Text Changes:

Policy 6.1 IIof the Official Plan is proposed to be amended by the addition of the following wording at the end of the policy.

“In addition, the lands of the Canadian Motor Speedway identified as Site Specific Policy Area 12 on Schedule “A”of the Official Plan, should Official Plan Amendment No. 4 be approved by the Ontario Municipal Board, are significant employment uses and are considered a “strategic location for investment” not within a settlement area (urban area) that can also be included within both a Community Improvement Project Area, designated by by-law and Community Improvement Plan.”

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 191 of 212 PART “C” THE APPENDICES

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 192 of 212 Town of Fort Erie - Official Plan Amendment No. 9—Community Improvement Plan Policies — Adopted December 10th, 2012

PART “C” - THE APPENDICES

Appendix 1 — Location Map

Appendix 2 - Notice of Public Meeting

Appendix 3 - Public Meeting Minutes

Appendix 4 - Circulation comments

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 193 of 212 REGULAR MEETING OFCOUNCIL -10DEC 2012

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NOTICE OF PUBLIC foRTfIt MEETING(S) AND OPEN Ciir-Ciis ‘iüU L tU’P HOUSE Fort Erie Gateway Improvement Plan (CIP) For Employment Lands and Related Official Plan Amendment PUBLIC MEETING DATE: MONDAY, NOVEMBER 5th, 2012 TIME: 6:00PM LOCATION: COUNCIL CHAMBERS TOWN HALL - 1 MUNICIPAL CENTRE DRIVE, PORT ERIE Note: Separate statutory public meetings will be held for the consideration of the proposed Gateway Community Improvement Plan (CIP) and proposed Official Plan amendment.

OPEN HOUSE DATE: THURSDAY, OCTOBER 25th, 2012 TIME: 6:00 PM to 7:30 p.m. LOCATION: FRONT ATRIUM TOWN HALL. 1 MUNICIPAL CENTRE DRIVE, PORT ERIE

ABOUT THE COMMUNITY IMPROVEMENT PLAN

Strategic Locations for inveetment The Town of Fort Eric has Gateway Community improvement Plan initiated a Community Improvement Plan (CIP) for N’ the employment lands within Fort Erie that arc I p identified as provincially and regionally important by the Provincial Growth Plan and Regional Policy Plan, *ZI as amended. The CIP .“ t(ITItI provides a comprehensive framework for the RD •_ ../ introduction and DØ’ 0”’ implementation of financial incentive programs (Tax ø,,•. r Increment Grant Program) and municipal leadership actions in order to support ) L)’I economic development and job creation.

Strategic locations for investment are identified on the above map. While the CIP programs apply to employnwnt lands in general, fnancial incentive programs are tailored over a longer time period for lands identified as strategic locations for investment. The CIP programs generally apply to employment lands within the urban area, although the local CIP is proposed to apply to the Canadian Motor Speedway lands as a “significant location for invstment” should the Ontario MunicSpal Board approve the proposed Canad:an Motor Speedway as a land use for the subject lands. The proposed Fort Eric CIP is similar to a CIP endorsed by Regional Council in order to maximize incentive programs for development.

ABOUT THE RELATED OFFICIAL PLAN AMENDMENT

The Town’s Official Plan contains policies enabling the Town to approve Community Improvement Plans anywhere within the urban area to accomplish certain redevelopment objectives. The Town proposes to amend the Official Plan to allow the Canadian Motor Speedway, recognized as a “strategic location for

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 195 of 212

REGULAR MEETING OFCOUNCIL -10DEC 2012

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COUNCIL-IN-COMMIUEE

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COUNCIL-IN-COMMITTEE

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TOWN

EIGHT

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REGULAR MEETING OFCOUNCIL -10DEC 2012

PAGE COUNCIL-IN-COMMITTEE

TOWN

(d)

NINE

APPENDIX

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PAGE COUNCIL-IN-COMMIHEE

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APPENDIX

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APPENDIX

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2012 1 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 133-12 ______BEING A BY-LAW TO AUTHORIZE APPLICATIONS FOR CANCELLATION, REDUCTION OR REFUND OF TAXES LEVIED FOR THE YEARS 2011 AND 2012

WHEREAS pursuant to Sections 357 and 358 of the Municipal Act, 2001, as amended, ratepayers may make application for cancellation, reduction or refund of taxes levied in the year in respect of an occurrence which would materially change their assessment, and

WHEREAS at the Council-in-Committee meeting held December 3, 2012 Report No. CS-39-12 was accepted and approved as follows:

THAT:The list of taxes and penalties totalling $5,186.11, attached as Appendix “A” to Report No. CS-39-12 be cancelled, reduced or refunded as applicable in accordance with Sections 357 and 358 of the Municipal Act, 2001 and direct staff to prepare the appropriate by-law, and further

THAT:Council denies the application for tax adjustments under Section 357(1)(d.1), sickness or extreme poverty, and

WHEREAS it is deemed expedient to authorize the reduction of taxation as outlined in Schedule “A” annexed hereto to this by-law and to deny the reduction of tax adjustments under Section 357(1)(d.1) of the Municipal Act, 2001;

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

1. THAT the applications received for tax adjustment totalling $5,186.11 for various roll numbers as outlined in Schedule “A” annexed hereto to this by-law be accepted and approved.

2. THAT the application received for tax adjustment under Section 357(1)(d.1) of the Municipal Act, 2001, sickness or extreme poverty be hereby denied.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10th DAY OF DECEMBER, 2012.

______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. 133-12 of the said Town. Given under my hand and the seal of the said Corporation this day of , 201 . ______

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 208 of 212 SCHEDULE "A" TO BY-LAW 133-12

ADDRESS ROLL NO. CODE TAXES TAXES TAXES TAXES PENALTY & TOTAL 2009 2010 2011 2012 INTEREST

1175 EMERSON 020 008 33700 FD 120.55 - 120.55 350 BUFFALO 020 009 57700 ER 1,532.61 - 1,532.61 4405 ERIE 020 017 50400 ER 662.86 1,912.55 - 2,575.41 LAMBTON NS 020 028 06700 ER 299.11 - 299.11 2270 EAST AVE 020 029 03200 ER 618.34 - 618.34 FORT ERIE TOWN 040 088 99999 FD 40.09 - 40.09 138 BERTIE 010 039 15800 CS - - - 0.00 136 BERTIE 010 039 15900 CS - - - 0.00 134 BERTIE 010 039 16000 CS - - - 0.00 159 CATHERINE 010 041 00200 CS - - 0.00 139 HIGH 010 041 00300 CS - - - 0.00 833 DOMINION 020 008 11400 ER - - - - - 0.00 208 NORTH 020 039 02900 PR - - 0.00 Totals $ - $ - $ 702.95 $ 4,483.16 $ - $ 5,186.11

Legend BE Became Exempt CS Change Property Class ER Gross Clerical Error FD Damaged by Fire or Demolition FR Razed by Fire or Demolition RP Repairs/Renovations Preventing Normal Use PS Poverty/Sickness

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 209 of 212 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 134-12 ______BEING A BY-LAW TO APPOINT A DRAINAGE ENGINEER AND TO AUTHORIZE AN AGREEMENT WITH SPRIET ASSOCIATES LONDON LIMITED FOR PROFESSIONAL ENGINEERING SERVICES FOR MILLER CREEK MUNICIPAL DRAIN

WHEREAS at the Council-in-Committee Meeting held December 3, 2012 Report No. IS-35-12 was accepted and approved as follows:

THAT:Staff be authorized to prepare the necessary by-law for the Mayor and Clerk to execute on behalf of the Town of Fort Erie, in accordance with the Ontario Drainage Act, R.S.O. 1990 c.17, and

WHEREAS it is deemed desirable to appoint Spriet Associates London Limited as the Drainage Engineer for the preparation of a new Engineer’s Report for Miller Creek Municipal Drain and associated branches and to authorize the entry into an agreement with Spriet Associates London Limited for the aforestated works and price;

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

1. THAT the proposal received from Spriet Associates London Limited in the amount of $72,207.00 (including h.s.t.) for the preparation of a new Engineer’s Report for the Miller Creek Municipal Drain and associated branches be hereby accepted and approved.

2. THAT Spriet Associates London Limited be hereby appointed as Drainage Engineer for the Miller Creek Municipal Drain and associated branches.

3. THAT the entry into an agreement with Spriet Associates London Limited for the aforestated works and price, in a form satisfactory to the Acting Director of Infrastructure Services and Drainage Superintendent, be hereby authorized and approved.

4. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the agreement with Spriet Associates London Limited for professional engineering services and to affix the corporate seal thereto.

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 10TH DAY OF DECEMBER, 2012. ______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. 134-12 of the said Town. Given under my hand and the seal of the said Corporation this day of , 201 . ______REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 210 of 212 The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 135-12 ______BEING A BY-LAW TO AMEND BY-LAW NO. 116-08 (TO ESTABLISH THE WAR OF 1812-1814 BICENTENNIAL CELEBRATION PLANNING COMMITTEE AND TERMS OF REFERENCE)

WHEREAS By-law No. 116-08 was passed by the Municipal Council of the Town of Fort Erie on the 21st day of July, 2008 to establish the War of 1812-1814 Bicentennial Celebration Planning Committee and Terms of Reference, and

WHEREAS it is deemed desirable to amend Section 2(a) of By-law No. 116-08 with respect to the composition of the aforestated Committee;

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

1. THAT Section 2(a) of By-law No. 116-08 be and it is hereby amended by deleting the “Mayor” and inserting in lieu thereof “Councillor.”

2. THAT Section 2(a) of By-law No. 116-08 be and it is hereby further amended by deleting “Chamber of Commerce” and inserting in lieu thereof “Citizen at large.”

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF DECEMBER, 2012.

______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. 135-12 of the said Town. Given under my hand and the seal of the said Corporation, this day of , 201 . ______

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 211 of 212 The Municipal Corporation of the Town of Fort Erie

BY-LAW NO. 136-12

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 November 26, 2012 and adopted by Resolution No. 1 at the Regular Meeting of Council December 10, 2012, be and they are hereby ratified and enacted.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED 10th DAY OF DECEMBER, 2012

______MAYOR

______CLERK

REGULAR MEETING OF COUNCIL - 10 DEC 2012 Page 212 of 212