The Fort Erie Record

Regular Council

May 31, 2021

Who was there

Present (3): Nick Dubanow, George McDermott, Ann-Marie Noyes

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

What was decided (23 motions)

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

That: Council does now rise and reconvene from closed session at 6:20 p.m. with report that staff proceed as directed. (
Moved by Councillor Zanko, seconded by Councillor Noyes
Carried
That: The delegation be given an additional 5 minutes to speak. (
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: Council amend correspondence Item 2 (d) to “receive and support”. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: Council approves the Consent Agenda Items, as amended, save and except Correspondence Items 2 (c) and (e). (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: Council approves Consent Agenda Item 2 (c) as recommended. Resolution No. 3B Moved by: Councillor Butler Page 13 of 30 Regular Council - 31 May 2021 Meeting Minutes Seconded by: Councillor Lubberts That: Consent Agenda Item 2 (c) be amended to “receive and support”. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: Council approves Consent Agenda Item 2 (c), as amended. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: Council approves Consent Agenda Item 2 (e) as recommended. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: Council approves the Urban Boundary Expansion Study – Addendum #2, which identifies candidate lands available for urban boundary expansion outside of the Region of Niagara’s Municipal Comprehensive Review. (
Moved by Councillor Zanko, seconded by Councillor McDermott
Carried
Page 14 of 30 Regular Council - 31 May 2021 Meeting Minutes That: June is hereby proclaimed "Post Traumatic Stress Disorder (PTSD) Awareness Month" and residents are encouraged to actively learn about PTSD and assist those affected by PTSD to obtain medical assistance. (
Moved by Councillor McDermott, seconded by Councillor Dubanow
Carried
Whereas primary residences are currently exempt from a capital gains tax, and Whereas currently secondary and additional non-primary properties are subject to capital gains, and Whereas the Federal Government is currently looking into a primary residence capital gains tax as they have recognized that affordable housing has become a serious issue in Canada, and Whereas smaller communities including the Town of Fort Erie are seeing unprecedented higher selling prices that are outpacing prices in larger cities, and Whereas many hard-working Canadians who have only a primary residence with no additional non-primary homes count on their home equity as financial aid to apply to upsizing or downsizing their home depending on their personal situation, and Whereas a change in taxation to primary residences would be a significant financial blow to Canadians and would create an unfair, two-tiered taxation which could lead to depleted savings, inter-generational disparities, disparities among diverse groups such as seniors who may have a significant portion of their savings vested in their primary residence, as well as, reducing Page 19 of 30 Regular Council - 31 May 2021 Meeting Minutes the ability of home ownership thereby a further, higher need for rentals, and Whereas the Federal government could look at other means to slow down the rapidly escalating housing costs to improve housing affordability; Now therefore be it resolved, That: The Federal Government cancel further consideratio
Moved by Councillor Butler, seconded by Councillor Dubanow
Carried
Whereas there has been a housing affordability crisis in the making for over 25 years, and Whereas the growing disparity for affordable housing has further been heightened within the past 18 months where the housing prices in larger cities have risen by 30% and most recently in smaller communities by two to three times it’s market value, and Whereas the current generation of Canadians under the age of 45 are being squeezed out of the housing marketplace with less opportunity of purchasing a home as their primary residence and are
Moved by Councillor Butler, seconded by Councillor Dubanow
Referred
Page 23 of 30 Regular Council - 31 May 2021 Meeting Minutes Whereas speed bumps are a traffic calming measure to reduce speed and in some cases drivers will choose a different road to avoid the speed bumps thereby reducing traffic, and Whereas in the past 2.5 years there have been on average 3-4 calls per year from pedestrians that have had to jump out of the way of a vehicle when walking down Black Creek Road, and Whereas there have already been 2 reports of pedestrians almost being hit in the past month, and Whereas speed studies were done in 2015, 2018 and 2020 which revealed the following statistics:  The 2015 average speed was 37.5 km/h, the percentage of drivers exceeding the speed limit Northbound (NB) was 16.75 %, Southbound (SB) was 9.13%, and the maximum speed ranged from 81-90 km/h  The 2018 average speed was 40 km/h, the percentage of drivers exceeding the speed limit Northbound (NB) was 12.93%, Southbound (SB) was 10.82%, and the maximum speed ranged from 130-150 km/h  The 2020 average speed was 48.5 km/h, the percentage of drivers exceeding the speed limit Northbound (NB) was 38%, Southbound (SB) was 34.33%, and the maximum speed ranged from 140-150 km/h, and Whereas from these statistics the speed on Black Creek Road has increased substantially over the years, and the percentage of drivers exceeding the speed limit has more than doubled, and Whereas the section of Black Creek Road which runs along the Creek, has two curves with foliage on both sides limiting
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: The by-law package containing: 66-2021 To Amend the Community Health Care Services Committee By- law No. 29-2018, as amended (Terms of Reference) Page 26 of 30 Regular Council - 31 May 2021 Meeting Minutes 67-2021 To Enact An Amendment to the Official Plan Adopted by By-law No. 150-06 for the Town of Fort Erie Planning Area - Amendment No. 53 - Susan Smyth- Agent - Niagara Regional Housing - Applicant - Lions Douglas Heights Senior Residence – Owner - 255 High Street 68-2021 To Amend Zoning By-law No. 129-90 - 255 High Street - Susan Smyth- Agent - Niagara Regional Housing - Applicant - Lions Douglas Heights Senior Residence – Owner 69-2021 To Authorize Applications for the Cancellation, Reduction or Refund of Taxes Levied for the Years 2018, 2019 and 2020 70-2021 To Exempt Certain Lots in Plan 59M-363 from Part Lot Control, Block 29, 3615, 3617, 3619, 3621, 3623, 3625, 3627, 3629 and 3631 Thunder Bay Road - Mountainview Homes (Niagara) Ltd. 72-2021 To Amend Traffic By-law No. 2000-89 (Erie Road Parking) is given first and second reading. (
Moved by Councillor Noyes, seconded by Councillor McDermott
Carried
That: By-law Nos.: 66-2021 67-2021 68-2021 69-2021 70-2021 72-2021 are given third and final reading to be signed by the Mayor and Clerk under the corporate seal. (
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
That: By-law No. 71-2021 To Authorize the Entry into a Memorandum of Understanding with Westwind Niagara Developments Inc. (3285 Thunder Bay Road) is given first and second reading. (
Moved by Councillor Noyes, seconded by Councillor McDermott
Carried
That: By-law No. 71-2021 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal. (
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
Page 28 of 30 Regular Council - 31 May 2021 Meeting Minutes That: By-law No. 73-2021 Animal Welfare By-law, Governing the Care, Licensing, and Regulating of Dogs, Cats, and Other Animals, and to Repeal By-law Nos. 119-97, 156-97, 23-2000, 82-2001, 146-2001, 176- 2001, 81-2003, 32-04, 33-04, 135-10, 58-12, 106-2015, 107-2015, 74- 2018 and 13-20 is given first and second reading. (
Moved by Councillor Noyes, seconded by Councillor McDermott
Carried
That: By-law No. 73-2021 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal. (
Moved by Councillor Lubberts, seconded by Councillor Zanko
Carried
That: By-laws: 74-2021 75-2021 are given third and final reading to be signed by the Mayor and Clerk under the corporate seal. (
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
That: By-law No. 76-2021: To Confirm the Actions of Council at its Council-in-Committee Meeting held on May 17, 2021 and its Council Meeting held on May 31, 2021 is given first and second reading. (
Moved by Councillor McDermott, seconded by Councillor Dubanow
Carried
That: By-law No. 76-2021 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal. (
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
That: Council adjourns at 10:02 p.m. to reconvene into a Regular Meeting of Council on June 21, 2021. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: Consent Agenda Item 2 (c) be amended to “receive and support”. (
Moved by Councillor Butler, seconded by Councillor Lubberts
Carried

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