Regular Council

That: Council receives for information purposes Report PDS-47-2024 regarding a proposed revised Plan of Subdivision and combined Official Plan and Zoning By-law Amendments for Black Creek Signature Phase 2 Subdivision.

McDermott That: Council approves the consent agenda as recommended.

That: the minutes of the Regular Meeting of Council held May 27, 2024 be adopted.

That: Council extends draft plan approval for the Fort Erie Hills draft plan of subdivision until May 1, 2026, and the Owner and Regional Municipality of Niagara Planning and Development Services be so advised, and further That: Council directs that the conditions of approval for the Fort Erie Hills Draft Plan of Subdivision be amended as detailed in Appendix “5” to Report PDS-40-2024, and further That: Council determines in accordance with Section 51 (47) of the Planning Act , further notice is not required due to the minor nature of the changes.

McDermott That: Council approves the amendment to the Town’s Zoning By-law 129-90 as detailed in Report PDS 48-2024 for the lands knowns as 0-120524 Centralia Avenue North (Hershey Estates), and further That: Council direct Staff to submit the necessary by-law.

That: Council include the provision that the zoning of the lands revert to the original zoning if a building permit has not been issued and construction has not commenced within one (1) year from enactment of the By-law.

That: Council receives the memorandum from Intermediate Development Planner, Daryl Vander Veen regarding the Review of Front Lot Line Definition and Setbacks for information purposes.

That: Council accepts the resignation of Joe Kissman from the Accessibility Advisory Committee, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.

That: Council does now rise and reconvene from closed session at 9:12 p.m. with report: 14.1 That: Council approves Closed Meeting Minutes, June 10, 2024; and 14.2 That: The Mayor and Town Clerk be authorized to execute the minutes of settlement regarding OLT-23-000311 (412 Ridgeway Road), dated June 24, 2024; and 14.3 That: PDS-45-2024 be

That: Council directs staff to prepare a report on options available to the municipality to ensure that the planning approvals provided by Council, particularly but not exclusively regarding Official Plan and Zoning By-law Amendment, Draft Plan of Subdivision, Condominium, and Site Plans, proceed to construction in an expeditious and timely manner, including consideration of a sunset clause default for all applications.

By-Law 33-2024, Being a by law to Regulate the Destruction or Injuring of Trees within Fort Erie states the following: 9.1 b) the Permit Holder shall ensure that the number of Replacement Trees and species, or choice of species, size and location of Replacement Trees, are planted on the same Site by the date specified on the Permit c) where there is insufficient space on the same site to plant all the Replacement Trees, the Permit Holder shall plant as many Replacement Trees the Site will allow and the Permit Holder shall forthwith pay the fee in Schedule “C” with respect to the number of Replacement Trees that could not be planted due to insufficient space (Fee for Off-Site Tree Planting) 9.3 A Permit issued under this By-Law shall be valid only for the period of time for which it is issued and shall not be transferable. Unless expressly stated on the face of the Permits, all Permits issued under this By-Law shall expire 6 months after issuance. 9.4 A Permit may be renewed by the director for up to two (2) additional on (1) year terms contiguous with the expiry date of the original Permit and after a written request from the Owner for renewal is made to the Director ,who must be satisfied that there are reasonable grounds for the renewal. Schedule “C” Fees for Off- Site Planting Where there is insufficient space on the same Site to plant all of the number of Replacement Trees as per Section 8.1 c) or Section 13.1 the Director shall calculate the amount of the fee by multiply

Council approved By-law 33-2024, Being a by-law to Regulate the Destruction or Injuring of Trees within Fort Erie on March 18, 2024, and Whereas i f an Arborist determines that a tree is dead, diseased or hazardous, tree replacement ratios do not apply; and Whereas residents may wish to replace dead, diseased or hazardous trees regardless of replacement ratios being inapplicable; Now, therefore, be it resolved; That: Council directs staff to prepare a report outlining options for the development of a Tree Replacement Grant for dead, diseased or hazardous trees, and That: The Tree Replacement Grant is only applicable for permits issued under the first three grounds of Section 8.1 b): i. the Tree is a Dead Tree or Hazardous Tree; ii. based upon the opinion of an Arborist, it is necessary to remove unsafe Trees; iii. based on the opinion of the Director, the Tree or Trees are causing or are likely to cause structural damage to load-bearing structures or roof structures.

That: Council directs staff to prepare a report outlining options, including, if feasible but not necessarily limited to, a community improvement program that the municipality can utilize to incentivize and encourage mixed-use and medium/high-density residential intensification along the Garrison Road commercial corridor in the Town of Fort Erie from Central Avenue to Pettit Road.

the Queen Elizabeth Way (QEW) forms an integral transportation link of provincial and national importance between the Greater Toronto Area and the United States, passing through the Regional Municipality of Niagara before terminating at the Peace Bridge in the Town of Fort Erie, and Whereas unprecedented growth through migration from the Greater Toronto Area in Niagara and the Town of Fort Erie has increased traffic on the Queen Elizabeth Way as more motorists use the highway for both business and pleasure between our community and the rest of the Greater Golden Horseshoe and United States, and Whereas while much of the Queen Elizabeth Way has been upgraded, the section between Niagara Falls and Fort Erie retains its original early-to-mid-20th century cross-section with an unprotected grass median of unequal grade and substandard width, and Whereas increases in traffic volume on the Queen Elizabeth Way increase the risk of cross-over head-on collisions of devastating consequences that the narrow grass median is unable to deflect, and Whereas other divided highways in the province, such as Highway 403 in Brantford and the twinned sections of Highway 11, have had guide rails installed along the left shoulders to deflect traffic from crossing the narrow grass median; Now, therefore, be it resolved, That: The Municipal Council of the Town of Fort Erie requests that the Ministry of Transportation Ontario investigate and implement a guide rail, cable barrier or other suitable means

McDermott That: The by-law package containing: 61-2024 To Appoint Alexander Pante as Building Inspector for The Corporation of the Town of Fort Erie 62-2024 To Authorize the Entry into and Execution of a Municipal Funding Agreement with the Association of Municipalities of Ontario for the Canada Community-Building Fund 63-2024 To Amend Zoning By-law 129-90, as amended - 1101 DiPietro Street - 1101 DiPietro Inc. (Emad Ali) – Owner 64-2024 To Authorize the Entry into a Development Agreement with 2779103 Ontario Limited (Frank Bosso) and 2779347 Ontario Inc. (Paul Edward) – 171 Gorham Road 65-2024 To Authorize the Entry into a Development Agreement with 1992293 Ontario Inc. (Dino Dicienzo Sr.) – 478 Marcy Lane 66-2024 To Enact an Amendment to the Official Plan Adopted by By-law 150-06 for the Town of Fort Erie Planning Area - Amendment 83 - 576 Ridge Road North - 2846300 Ontario Inc. (Bryce Ivanchuk) – Owner 67-2024 To Amend Zoning By-law 129-90, as amended - 576 Ridge Road North 68-2024 To Authorize the Entry into a Brownfields Rehabilitation Grant Agreement with Brock View Cottages Inc. (Bryan Keenan) – 3819 Hibbard Street 71-2024 To Assume Primary Services for Kettle Court Subdivision (59M-490) - Grey Forest Homes Ltd. (Rudy Sawatzky) – Owner 72-2024 To Authorize Applications for the Cancellation, Reduction or Refund of Taxes Levied for the Years 2022, 2023 and 2024 are given first and second reading.

McDermott That: By-law No. 73-2024: To Confirm the Actions of Council at its Council-in-Committee Meeting Held on June 10, 2024 and its Council Meeting Held on June 24, 2024 is given first and second reading.

McDermott That: By-law 73-2024 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal.

That: Council adjourns at 10:01 pm to reconvene into a Regular Meeting of Council on July 22, 2024.

That: Council approves the consent agenda as recommended.

That: the minutes of the Regular Meeting of Council held May 27, 2024 be adopted. Regular Council Meeting Minutes - June 24, 2024 6

That: Council approves the amendment to the Town’s Zoning By-law 129- 90 as detailed in Report PDS 48-2024 for the lands knowns as 0-120524 Centralia Avenue North (Hershey Estates), and further That: Council direct Staff to submit the necessary by-law.

Regular Council Meeting Minutes - June 24, 2024 7 That: Council include the provision that the zoning of the lands revert to the original zoning if a building permit has not been issued and construction has not commenced within one (1) year from enactment of the By-law.

That: Council accepts the resignation of Joe Kissman from the Accessibility Advisory Committee, and further Regular Council Meeting Minutes - June 24, 2024 8 That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.

That: Council does now go into Closed Session at 8:52 p.m. to consider the following: 14.1 Closed Meeting Minutes - June 10, 2024; and 14.2 412 Ridgeway Road (Crystal Beach Secondary Plan) - Minutes of Settlement pursuant to Section 239 (e) of the Municipal Act, 2001, litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board; and 14.3 PDS-45-2024 Change to Conditions of Draft Plan Approval - 613 Helena Street Minutes of Settlement pursuant to Section 239 (e) of the Municipal Act, 2001, litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board; and 14.4 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

That: Council does now rise and reconvene from closed session at 9:12 p.m. with report: 14.1 That: Council approves Closed Meeting Minutes, June 10, 2024; and Regular Council Meeting Minutes - June 24, 2024 9 14.2 That: The Mayor and Town Clerk be authorized to execute the minutes of settlement regarding OLT-23-000311 (412 Ridgeway Road), dated June 24, 2024; and 14.3 That: PDS-45-2024 be

Whereas By-Law 33-2024, Being a by law to Regulate the Destruction or Injuring of Trees within Fort Erie states the following: 9.1 b) the Permit Holder shall ensure that the number of Replacement Trees and species, or choice of species, size and location of Replacement Trees, are planted on the same Site by the date specified on the Permit c) where there is insufficient space on the same site to plant all the Replacement Trees, the Permit Holder shall plant as many Replacement Regular Council Meeting Minutes - June 24, 2024 10 Trees the Site will allow and the Permit Holder shall forthwith pay the fee in Schedule “C” with respect to the number of Replacement Trees that could not be planted due to insufficient space (Fee for Off-Site Tree Planting) 9.3 A Permit issued under this By-Law shall be valid only for the period of time for which it is issued and shall not be transferable. Unless expressly stated on the face of the Permits, all Permits issued under this By-Law shall expire 6 months after issuance. 9.4 A Permit may be renewed by the director for up to two (2) additional on (1) year terms contiguous with the expiry date of the original Permit and after a written request from the Owner for renewal is made to the Director ,who must be satisfied that there are reasonable grounds for the renewal. Schedule “C” Fees for Off- Site Planting Where there is insufficient space on the same Site to plant all of the number of Replacement Trees as per Section 8.1 c) or Section 13.1 the

Whereas Council approved By-law 33-2024, Being a by-law to Regulate the Destruction or Injuring of Trees within Fort Erie on March 18, 2024, and Whereas if an Arborist determines that a tree is dead, diseased or hazardous, tree replacement ratios do not apply; and Whereas residents may wish to replace dead, diseased or hazardous trees regardless of replacement ratios being inapplicable; Regular Council Meeting Minutes - June 24, 2024 11 Now, therefore, be it resolved; That: Council directs staff to prepare a report outlining options for the development of a Tree Replacement Grant for dead, diseased or hazardous trees, and That: The Tree Replacement Grant is only applicable for permits issued under the first three grounds of Section 8.1 b): i. the Tree is a Dead Tree or Hazardous Tree; ii. based upon the opinion of an Arborist, it is necessary to remove unsafe Trees; iii. based on the opinion of the Director, the Tree or Trees are causing or are likely to cause structural damage to load-bearing structures or roof structures.

Whereas the Queen Elizabeth Way (QEW) forms an integral transportation link of provincial and national importance between the Greater Toronto Area and the United States, passing through the Regional Municipality of Niagara before terminating at the Peace Bridge in the Town of Fort Erie, and Regular Council Meeting Minutes - June 24, 2024 12 Whereas unprecedented growth through migration from the Greater Toronto Area in Niagara and the Town of Fort Erie has increased traffic on the Queen Elizabeth Way as more motorists use the highway for both business and pleasure between our community and the rest of the Greater Golden Horseshoe and United States, and Whereas while much of the Queen Elizabeth Way has been upgraded, the section between Niagara Falls and Fort Erie retains its original early- to-mid-20th century cross-section with an unprotected grass median of unequal grade and substandard width, and Whereas increases in traffic volume on the Queen Elizabeth Way increase the risk of cross-over head-on collisions of devastating consequences that the narrow grass median is unable to deflect, and Whereas other divided highways in the province, such as Highway 403 in Brantford and the twinned sections of Highway 11, have had guide rails installed along the left shoulders to deflect traffic from crossing the narrow grass median; Now, therefore, be it resolved, That: The Municipal Council of the Town of Fort Erie requests that the Ministry of Transportation Ontario investigate and i

That: By-laws 61-2024 to 68-2024 and 71-2024 to 72-2024 inclusive are given third and final reading to be signed by the Mayor and Clerk under the corporate seal.

That: By-laws 69-2024 and 70-2024 are given third and final reading to be signed by the Mayor and Clerk under the corporate seal. Yes (5): Mayor Redekop, Councillor Christensen, Councillor Dubanow, Councillor Lewis, and Councillor McDermott No (2): Councillor Flagg, and Councillor Noyes

That: By-law No. 73-2024: To Confirm the Actions of Council at its Council-in- Committee Meeting Held on June 10, 2024 and its Council Meeting Held on June 24, 2024 is given first and second reading.

That: By-law 73-2024 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal. Regular Council Meeting Minutes - June 24, 2024 15