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Regular Council
December 14, 2020
What was decided (20 motions)
20 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That: Council approves the Consent Agenda Items as recommended, save and except Item Nos. 9.2 2(a), 9.2 2(e) and 9.2 3(d) (
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
That: Council approves Consent Agenda Item 9.2 2(a) as recommended. (
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
That: Item No. 9.2 2(e) be amended by changing “Receive” to “Receive & Support”. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: Council approves Consent Agenda Item 9.2 3(d) as recommended. (
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
That: A further recommendation be added as follows: “That: Staff report to Council at the first Council-in- Committee Meeting in January, 2021, with recommendations on how to effectively address ghost hotels and recommendations for a licence structure based upon the number of properties owned or managed by a short term renter.” Mayor Redekop moved a friendly amendment to his Resolution to change “first Council-in-Committee Meeting” to “first Council Meeting”, which was accepted by his seconder. (
Moved by Mayor Redekop, seconded by Councillor McDermott
Carried
That: Council accepts the resignation of William (Bill) A. Jones as the Beachcombers Representative 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 Noyes, seconded by Councillor McDermott
Carried
That: Council accepts the resignation of Shirley Stoppard from the Communities-in-Bloom Committee, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law. (
Moved by Councillor Butler, seconded by Councillor Lubberts
Carried
That: Council accepts the resignation of Cynthia Lacroix from the Fort Erie Public Library Board, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: Council accepts the resignation of Patrick Baichoo from the Fort Erie Public Library Board, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: The Town of Fort Erie provide a grant to the Fort Erie Lions Club to pay for Stage 1 & Stage 2 Archaeological Assessments as required to proceed with the due diligence of their affordable housing apartment building, in the amount of $5,152.80. (
Moved by Councillor Dubanow, seconded by Councillor Zanko
Carried
Whereas the Town of Fort Erie is studying the need for an additional egress in and out of the Black Creek and Douglastown neighborhoods, and Whereas the option to go through the new subdivision from Black Creek Road to Netherby Road was considered in the past, however, a previous Council decided against it; Now therefore be it resolved, That: Council directs staff to consider the option of going through the new subdivision off of Baker Road and Netherby Road (Black Creek Signature) as one of the possible options, and further That: Council consider this as a possible option when the study is undertaken, understanding that the plan of subdivision has already been approved without this egress included. (
Moved by Councillor Noyes, seconded by Councillor Noyes
Carried
Whereas animal welfare is the scientific assessment of an animal’s physical and mental state in relation to its quality of life, including experiences in life and death, and Whereas this animal welfare motion is not to be confused with the Animal Welfare regulations of higher government, and Page 11 of 18 Regular Council - 14 Dec 2020 Meeting Minutes Whereas animal welfare in the case of this motion is a term used to describe “provision of needs” on a municipal level, and Whereas the provision of needs includes the necessities to ensure the welfare of animals (provision of needs) under human control that are recognized by the Ontario SPCA, Humane Canada, the Canadian Medical Veterinary Association, and many other professional groups as the five Freedoms and Needs: i. freedom from hunger, malnutrition and thirst by ready access to fresh water and a diet to maintain full health and vigour; ii. freedom from fear and distress by ensuring conditions and treatment which avoid mental suffering; iii. freedom from physical and thermal discomfort by providing an appropriate environment including shelter and a warm, dry comfortable and clean resting space including the need to be housed with or apart from other animals; iv. freedom from pain, injury, disease and suffering by prevention or rapid diagnosis and treatment; v. freedom to express normal patterns of behaviour by providing sufficient space, proper facilities and company including adequate outside space to exercise properly and
Moved by Councillor Butler, seconded by Councillor McDermott
Carried
Whereas a highly vulnerable Aquifer is situated below Fort Erie, Port Colborne and Wainfleet, and Whereas the City of Port Colborne has identified the Aquifer in Schedule 83 of its Official Plan as a source water for rural residents of its municipality, and Whereas this Aquifer is also important as source water for residents of Fort Erie; Now therefore be It resolved, That: The Director of Planning and Development Services prepare a report to Council on the location of the Highly Vulnerable Aquifer, provide a review of current Regional and Town planning policies and provide recommendations and next steps for any new mapping and policies for the protection of the aquifer from susceptible threats of contamination or adverse impacts. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: Council does now go into closed session at 8:10 p.m. to discuss the following: (a) Pursuant to Section 239 (2) (d) of the Municipal Act, 2001 - Labour relations or employee negotiations Re: (a) Memorandum of Agreement with the Canadian Union of Public Employees and its Local #714, and (b) Management, Supervisory and Exempt Employees Salary Administration Plan (
Moved by Councillor McDermott, seconded by Councillor Dubanow
Carried
That: Council does now rise and reconvene from closed session at 8:50 p.m. with report that Council approves and ratifies the Memorandum of Agreement with the Canadian Union of Public Employees and its Local #714, and further That: Council approves the amended Management, Supervisory and Exempt Employees Salary Administration Plan. (
Moved by Councillor Zanko, seconded by Councillor Dubanow
Carried
That: The by-law package containing: 120-2020 To Amend Council Rules of Procedure By-law No. 36-2016, as amended (Meeting Schedule) 121-2020 To Authorize the Ratification of a Memorandum of Agreement with the Canadian Union of Public Employees and its Local #714 and to Repeal By-law No. 47-2017 122-2020 To Amend the Management, Supervisory and Exempt Employees Salary Administration Plan (By-law No. 54-2017) 123-2020 To Amend Fees and Charges By-law No. 49-09, as amended (2021 Review) 124-2020 To Amend Zoning By-law No. 129-90 - Housekeeping Amendment 125-2020 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. 47 - Mike and Mary Ellen Grummett – Owners - Mike Grummett Jr. - Agent - 2776 Stevensville Road Page 16 of 18 Regular Council - 14 Dec 2020 Meeting Minutes 126-2020 To Amend Zoning By-law No. 129-90 - Mike Grummett Jr. – Agent - Mike and Mary Ellen Grummett – Owner - 2776 Stevensville Road 127-2020 To Adopt the Preliminary Capital Budget for the Town of Fort Erie for the Year 2021 128-2020 To Amend Zoning By-law No. 129-90 - 1912 Kenwood Street - Matthew & Mary Silver - Owners 129-2020 To Appoint Todd Rogers as Senior Building Inspector for The Corporation of the Town of Fort Erie, and to Repeal By- law No. 136-2019 130-2020 To Exempt Certain Blocks in Plan 59M-453 from Part Lot Control, Blocks 1 and 2 and Part of Block 4 - Willow Trail, Hibbard Street - 2298423 Ontario Inc. (Wilf Goldlust) is g
Moved by Councillor Noyes, seconded by Councillor Zanko
Carried
That: By-law Nos.: 120-2020 121-2020 122-2020 123-2020 124-2020 125-2020 126-2020 127-2020 128-2020 129-2020 130-2020 are given third and final reading to be signed by the Mayor and Clerk under the corporate seal. (
Moved by Councillor McDermott
Carried
That: By-law No. 131-2020: To Confirm the Actions of Council at its Council-in-Budget Committee Meeting No. 1 held November 18, 2020, Council-in-Committee Meeting held on December 7, 2020, Council-in- Page 17 of 18 Regular Council - 14 Dec 2020 Meeting Minutes Budget Committee Meeting No. 2 held December 9, 2020 and Council Meeting held on December 14, 2020 (
Moved by Councillor Zanko, seconded by Councillor Butler
Carried
That: Council adjourns at 8:56 p.m. to reconvene into a Regular Meeting of Council on January 18, 2021. (
Moved by Councillor Dubanow, seconded by Councillor Butler
Carried
That: The Chair call the question. Councillor Lubberts asked that he be permitted to speak a second time in accordance with the Rules of Procedure. The Chair determined to allow Councillor Lubberts to speak again before calling the question. Whereas animal welfare is the scientific assessment of an animal’s physical and mental state in relation to its quality of life, including experiences in life and death, and Whereas this animal welfare motion is not to be confused with the Animal Welfare regulations of higher government, and Whereas animal welfare in the case of this motion is a term used to describe “provision of needs” on a municipal level, and Whereas the provision of needs includes the necessities to ensure the welfare of animals (provision of needs) under human control that are recognized by the Ontario SPCA, Humane Canada, the Canadian Medical Veterinary Association, and many other professional groups as the five Freedoms and Needs: i. freedom from hunger, malnutrition and thirst by ready access to fresh water and a diet to maintain full health and vigour; ii. freedom from fear and distress by ensuring conditions and treatment which avoid mental suffering; iii. freedom from physical and thermal discomfort by providing an appropriate environment including shelter and a warm, dry comfortable and clean resting space including the need to be housed with or apart from other animals; iv. freedom from pain, injury, disease and suffering by prevention or rapid diagnosis and