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. (c) 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 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 (c) Carlo Guerra, Norcar Construction Developments Ltd. 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.) (c) Rise from Closed Session - Special Council-in-Committee Meeting - December 10, 2012 - with/without report Reference: Resolution to be presented.