The Fort Erie Record

Regular Council

July 22, 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.

What was decided (18 motions)

18 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

McDermott That: Council approves the consent agenda as recommended.
Moved by Councillor Flagg
Carried
That: Council refer Staff Report PDS-46-1-2024 to the August 12, 2024 Council-in-Committee meeting.
Moved by Councillor Dubanow, seconded by Councillor Christensen
Carried
That: Council approves the amendment to the Town’s Consolidated 2021 Official Plan as detailed in Report PDS-51-2024 for the lands known as 0-17507 Netherby Road, and further That: Council approves the amendment to the Town’s Zoning By-law 129-90 as detailed in Report PDS-51-2024 for the lands known as 0-17507 Netherby Road, and further That: Council directs Staff to submit the necessary Official Plan and Zoning By-law Amendment By-laws, and further That: Council approves the Black Creek Signature Phase 2 Revised Draft Plan of Subdivision dated December 12, 2023, showing 77 lots for single detached dwellings, 10 blocks for a total of 52 street townhouse dwellings, 2 blocks for a municipal park, one (1) block for a 3.00 m wide pedestrian walkway, one (1) block for a stormwater pond, 2 blocks for a watercourse, 4 blocks for 0.30 m reserves, and 2 new public streets, as illustrated in Appendix 4 of Report PDS-51-2024, in accordance with the provisions of the Planning Act, R.S.O. 1990 c. P. 13 and the regulations thereunder, subject to the conditions contained in Appendix 8 of Report PDS-51-2024, and further That: Council directs staff to circulate the Conditions of Draft Plan Approval in Appendix 8 of Report PDS-51-2024 to the applicable agencies in accordance with the requirements of the Planning Act .
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council amend Appendix 8, Conditions of Draft Plan of Subdivision Approval by removing condition number 40, and replacing with it with the following: That the owner submits a Stage 3 Archaeological Assessment for Locations 1, 2, 3, 7, and 8 (as identified on Figure 5 of the Archaeological Assessment prepared by Mayer Heritage Consultants Inc. and dated December 2005), prepared by a licensed archaeologist, to the Ministry of Citizenship and Multiculturalism for review and approval with a copy provided to the Niagara Region. The report must be accepted by the Ministry, to the satisfaction of Niagara Region, prior to clearance of this condition. It should be noted that if a Stage 4 assessment is recommended for any of the above noted locations to mitigate any adverse impacts to significant archeological resources found on the site through preservation or resource removal and documentation, this report must also be submitted to and accepted by the Ministry with a copy provided to the Niagara Region. If the development proceeds in phases, a subdivision agreement may be entered into excluding the lands impacted by Location 2. Location 2 may be cleared as part of a future phase pending completion of a Stage 4 Archeological Assessment for that site. Site mitigation measures/strategy is to be outlined for Site 2 by a licensed archaeologist and accepted by the Ministry Citizenship and Multiculturalism prior to finalizing the subdivision agreement. NOTE: No demolition, grading or
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: An additional condition be included to require that no site alteration take place without entering into a pre-servicing agreement.
Moved by Councillor Noyes, seconded by Councillor Flagg
Carried
That: Council accepts the resignation of Barbara Hopkins from the Senior Citizens Advisory Committee, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.
Moved by Councillor Christensen, seconded by Councillor Lewis
Carried
McDermott That: Council does now rise and reconvene from closed session at 7:37 p.m. with report: 14.1 That: Council approves the Closed Meeting Minutes of July 8, 2024; and 14.2 That: Staff proceed as directed in closed session; and 14.3 That: Council appoints Andrew Caird to the Fort Erie Public Library Board for the term ending November 14, 2026, or until their successor is appointed.
Moved by Councillor Lewis
Carried
That: The by-law package containing: 74-2024 To Appoint Kelli O'Connor as Fire Inspector for The Corporation of the Town of Fort Erie 75-2024 To Assume Primary Services for Crystal Ridge Landing Subdivision Phases 1, 2 & 3 (59M-465) - 1372708 Ontario Inc. (Vaughn Gibbons) – Owner 76-2024 To Assume Primary Services for Deerwood Subdivision (59M-397) - 1736105 Ontario Inc. (John Kendall) – Owner 77-2024 To Designate 3555 Yacht Harbour Road as Being of Cultural Heritage Value or Interest 78-2024 To Assume Primary Services for High Pointe Subdivision Phases 1, 2 and 3 (59M-459) - Marina (Green Acres) Developments Ltd. – Owner 79-2024 To Permanently Close a Portion of Ashwood Avenue North 80-2024 To Permanently Close Portions of Sherkston Road, Ridge Road North and Bowen Road 81-2024 To Authorize Debenture Financing for the Fire Station 4 Project are given first and second reading.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
McDermott That: By-laws 74-2024 to 81-2024 inclusive are given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Flagg
Carried
McDermott That: By-law 82-2024 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Lewis
Carried
That: Council adjourns at 7:43 pm to reconvene into a Regular Meeting of Council on August 26, 2024.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council approves the consent agenda as recommended.
Moved by Councillor Flagg, seconded by Councillor McDermott
Carried
That: Council approves the amendment to the Town’s Consolidated 2021 Official Plan as detailed in Report PDS-51-2024 for the lands known as 0- 17507 Netherby Road, and further That: Council approves the amendment to the Town’s Zoning By-law 129- 90 as detailed in Report PDS-51-2024 for the lands known as 0-17507 Netherby Road, and further That: Council directs Staff to submit the necessary Official Plan and Zoning By-law Amendment By-laws, and further That: Council approves the Black Creek Signature Phase 2 Revised Draft Plan of Subdivision dated December 12, 2023, showing 77 lots for single detached dwellings, 10 blocks for a total of 52 street townhouse dwellings, 2 blocks for a municipal park, one (1) block for a 3.00 m wide pedestrian walkway, one (1) block for a stormwater pond, 2 blocks for a watercourse, 4 blocks for 0.30 m reserves, and 2 new public streets, as illustrated in Appendix 4 of Report PDS-51-2024, in accordance with the provisions of the Planning Act, R.S.O. 1990 c. P. 13 and the regulations thereunder, subject to the conditions contained in Appendix 8 of Report PDS-51-2024, and further Regular Council Meeting - July 22, 2024 5 That: Council directs staff to circulate the Conditions of Draft Plan Approval in Appendix 8 of Report PDS-51-2024 to the applicable agencies in accordance with the requirements of the Planning Act.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council does now go into Closed Session at 6:54 p.m. to consider the following: 14.1 Closed Meeting Minutes - July 8, 2024 Regular Council Meeting - July 22, 2024 7 14.2 PDS-45-2024 - Change Conditions of Draft Plan Approval - 613 Helena Street 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 14.3 Fort Erie Public Library Board Appointment 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 McDermott, seconded by Councillor Christensen
Carried
That: Council does now rise and reconvene from closed session at 7:37 p.m. with report: 14.1 That: Council approves the Closed Meeting Minutes of July 8, 2024; and 14.2 That: Staff proceed as directed in closed session; and 14.3 That: Council appoints Andrew Caird to the Fort Erie Public Library Board for the term ending November 14, 2026, or until their successor is appointed.
Moved by Councillor Lewis, seconded by Councillor McDermott
Carried
That: By-laws 74-2024 to 81-2024 inclusive are given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Flagg, seconded by Councillor McDermott
Carried
That: By-law 82-2024: To Confirm the Actions of Council at its Council-in- Committee meeting held on July 8, 2024 and its Council meeting held on July 22, 2024, is given first and second reading. Regular Council Meeting - July 22, 2024 9
Moved by Councillor McDermott, seconded by Councillor Christensen
Carried
That: By-law 82-2024 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Lewis, seconded by Councillor McDermott
Carried

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