The Fort Erie Record

Regular Council

March 18, 2024

Who was there

Present (7): Joan Christensen, Nick Dubanow, Darren Flagg, Tom Lewis, George McDermott, Ann-Marie Noyes, Wayne Redekop

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

Declared interests

Councillor Flaggon this item

What was decided (27 motions)

26 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

That: The draft by-law be amended to restrict the construction of any fence composed wholly or partially of sheet metal in any zone that does not permit industrial uses.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Lost
the National Volunteer Week theme for 2024, Volunteering Weaves Us Together, reveals the importance of volunteering to the strength and vibrancy of our communities through the interconnected actions we take to support one another; and Whereas through volunteering, we experience our interconnectedness, making our lives more meaningful; and Whereas during National Volunteer Week 2024, we celebrate the contributions of Canada’s millions of volunteers: their time, their talent, and their energy which strengthens the fabric of our community; Now therefore be it resolved, That: Council proclaims April 16-22, 2024 as “National Volunteer Week”, and further That: Council expresses their appreciation and gratitude to all volunteers in the Town of Fort Erie for their empathy, dedication, and commitment to our community.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
McDermott That : Council receives the memorandum from the Superviser, Development Approvals, Curtis Thompson regarding the Ontario Land Tribunal Final Decision on the Zoning By-law Amendment for 0-01589 Rebstock Road.
Moved by Councillor Christensen
Carried
That: Council receive the response to the enquiry raised at the January 15, 2024 Council-in-Committee meeting.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
McDermott That: Council accepts the resignation of Jenn Wilkinson from the Ridgeway Business Improvement Area Board of Management, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.
Moved by Councillor Christensen
Carried
That: Council does now go into Closed Session at 7:19p.m. to consider the following: 14.1 Previous Closed Meeting Minutes 14.2 Bridgeburg Station Downtown Business Improvement Area Board of Management Appointments Pursuant to Section 239 (2) (b) of the Municipal Act, 2001 (personal matters about an identifiable individual, including municipal or local board employees. 14.3 Senior Citizens Advisory Committee Appointments Pursuant to Section 239 (2) (b) of the Municipal Act, 2001 (personal matters about an identifiable individual, including municipal or local board employees) 14.4 PDS-11-2024 - Official Plan Review - Community Focus Group Selection Pursuant to Section 239 (2) (b) of the Municipal Act, 2001 (personal matters about an identifiable individual, including municipal or local board employees)
Moved by Councillor Flagg, seconded by Councillor Dubanow
Carried
That: Council does now rise and reconvene from closed session at 8:00 p.m. with report: That: Council appoints Korinne Antaya, Miruna Beti, Dana Nadeau to the Bridgeburg Station Downtown Business Improvement Area Board Of Management for the term ending November 14, 2026, or until their successors are appointed; and further That: Council appoints Lida Greenaway to the Senior Citizens Advisory Committee for the term ending November 14, 2026, or until their successors are appointed; and further That: Council defer the Confidential Report PDS-11-2024 to the April 9, 2024 Council-in-Committee meeting; and further That: Staff be directed to extend the deadline for applications to April 3, 2024 and re-advertise the call for applications.
Moved by Councillor Lewis, seconded by Councillor Christensen
Carried
That: By-law 33-2024, being a by-law to Regulate the Destruction or Injuring of Trees within the Town of Fort Erie is given first and second reading.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Section 6.1 a) be removed and replaced with the following: a) the Injuring or Destruction of any invasive species including the following Tree species: i. Morus alba (White Mulberry) ii. Rhamnus cathartica (Common Buckthorn) iii. Rhamnus frangula (Glossy Buckthorn) iv. Black Alder (Alnus glutinosa)
Moved by Councillor Noyes, seconded by Councillor Christensen
Carried
That: The by-law be amended to add the following section: 15.8 An Owner may appeal the denial of a Permit or Exception Letter, any condition imposed on the granting of a Permit or any decision of the Town arborist or Director under the provisions of this By-Law to the Property Standards Committee.
Moved by Councillor Dubanow, seconded by Councillor Lewis
Carried
That: Section 9.1 e) be removed and replaced with the following: e) With the exception of a residential lot where the Permit Holder has agreed in the permit to replace any replacement tree that has failed to survive for a period of two years after planting pursuant to the Permit, security be delivered to the Town to cover the costs of the replacement tree(s), and the maintenance of the tree(s) for a period of up to two (2) years as determined in Schedule “C”.
Moved by Councillor Dubanow, seconded by Councillor Lewis
Carried
That: T he by-law be amended to add the following section: 8.2 For the purposes of Sections 4.1(k) and (o), 6.1(a) and 8.1, the owner of a residential lot may submit a permit application or request for an Exception Letter along with proof of the condition of the tree satisfactory to the Director, who shall determine whether an arborist’s report is necessary in order to process the application or request and, if so, the Town arborist shall be deployed to inspect the tree and report his/her findings to the Director.
Moved by Councillor Dubanow, seconded by Councillor Christensen
Carried
McDermott That: Section 9.1 d) be removed and replaced with the following d) The minimum tree replacement size is a 35 mm caliper deciduous tree, or a one hundred and fifty (150) centimeter height coniferous tree in a 5-gallon container or balled and bur lapped or in a wire basket;
Moved by Councillor Dubanow
Carried
That: The By-law package containing: 34-2024: To Authorize Execution of a Condominium Assumption Agreement with Ashton Homes (Western) Limited (AldoVercillo) Owner 35-2024: To Amend Fees and Charges By-law 176-23 (Tree Protection Fees and Charges) is given first and second reading.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: By-law 37-2024: To Confirm the Actions of Council at its Council-in-Committee Meeting held on March 4, 2024 and it Council Meeting held on March 18, 2024 is given first and second reading.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: By-law 37-2024 is given third and final reading to be signed by the Mayor and Clerk under the Corporate Seal.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: Council adjourns at 8:48 pm to reconvene into a Regular Meeting of Council on April 22, 2024.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council approves the consent agenda as recommended save and except item 11.4.2.
Moved by Councillor McDermott, seconded by Councillor Lewis
Carried
That: Council receives Report PDS-10-2024 for information purposes, and further Regular Council Meeting Minutes - March 18, 2024 6 That: Council directs staff to prepare new Fence and Swimming Pool By-laws for Council consideration at a future Council meeting and that By-laws 71-2016 and 148-08 be repealed. Yes (6): Mayor Redekop, Councillor Christensen, Councillor Dubanow, Councillor Flagg, Councillor Lewis, and Councillor McDermott No (1): Councillor Noyes
Moved by Councillor McDermott, seconded by Councillor Lewis
Carried
In favour (6): Mayor Redekop, Councillor Christensen, Councillor Dubanow, Councillor Flagg, Councillor Lewis, Councillor McDermott · Opposed (1): Councillor Noyes
Whereas the National Volunteer Week theme for 2024, Volunteering Weaves Us Together, reveals the importance of volunteering to the strength and vibrancy of our communities through the interconnected actions we take to support one another; and Whereas through volunteering, we experience our interconnectedness, making our lives more meaningful; and Whereas during National Volunteer Week 2024, we celebrate the contributions of Canada’s millions of volunteers: their time, their talent, and their energy which strengthens the fabric of our community; Now therefore be it resolved, That: Council proclaims April 16-22, 2024 as “National Volunteer Week”, and further Regular Council Meeting Minutes - March 18, 2024 7 That: Council expresses their appreciation and gratitude to all volunteers in the Town of Fort Erie for their empathy, dedication, and commitment to our community.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: Council receives the memorandum from the Superviser, Development Approvals, Curtis Thompson regarding the Ontario Land Tribunal Final Decision on the Zoning By-law Amendment for 0-01589 Rebstock Road.
Moved by Councillor Christensen, seconded by Councillor McDermott
Carried
That: Council accepts the resignation of Jenn Wilkinson from the Ridgeway Business Improvement Area Board of Management, and further Regular Council Meeting Minutes - March 18, 2024 8 That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.
Moved by Councillor Christensen, seconded by Councillor McDermott
Carried
That: Council does now rise and reconvene from closed session at 8:00 p.m. with report: Regular Council Meeting Minutes - March 18, 2024 9 That: Council appoints Korinne Antaya, Miruna Beti, Dana Nadeau to the Bridgeburg Station Downtown Business Improvement Area Board Of Management for the term ending November 14, 2026, or until their successors are appointed; and further That: Council appoints Lida Greenaway to the Senior Citizens Advisory Committee for the term ending November 14, 2026, or until their successors are appointed; and further That: Council defer the Confidential Report PDS-11-2024 to the April 9, 2024 Council-in-Committee meeting; and further That: Staff be directed to extend the deadline for applications to April 3, 2024 and re-advertise the call for applications.
Moved by Councillor Lewis, seconded by Councillor Christensen
Carried
That: Section 6.1 a) be removed and replaced with the following: Regular Council Meeting Minutes - March 18, 2024 10 a) the Injuring or Destruction of any invasive species including the following Tree species: i. Morus alba (White Mulberry) ii. Rhamnus cathartica (Common Buckthorn) iii. Rhamnus frangula (Glossy Buckthorn) iv. Black Alder (Alnus glutinosa)
Moved by Councillor Noyes, seconded by Councillor Christensen
Carried
That: The by-law be amended to add the following section: 8.2 For the purposes of Sections 4.1(k) and (o), 6.1(a) and 8.1, the owner of a residential lot may submit a permit application or request for an Exception Letter along with proof of the condition of the tree satisfactory to the Director, who shall determine whether an arborist’s report is necessary in order to process the Regular Council Meeting Minutes - March 18, 2024 11 application or request and, if so, the Town arborist shall be deployed to inspect the tree and report his/her findings to the Director.
Moved by Councillor Dubanow, seconded by Councillor Christensen
Carried
That: Section 9.1 d) be removed and replaced with the following d) The minimum tree replacement size is a 35 mm caliper deciduous tree, or a one hundred and fifty (150) centimeter height coniferous tree in a 5-gallon container or balled and bur lapped or in a wire basket;
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: By-laws 33-2024, as amended, is given third and final reading to be signed by the Mayor and Clerk under the Corporate Seal. Yes (6): Mayor Redekop, Councillor Christensen, Councillor Dubanow, Councillor Flagg, Councillor Lewis, and Councillor McDermott No (1): Councillor Noyes
Moved by Councillor McDermott, seconded by Councillor Christensen
Carried
In favour (6): Mayor Redekop, Councillor Christensen, Councillor Dubanow, Councillor Flagg, Councillor Lewis, Councillor McDermott · Opposed (1): Councillor Noyes

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