The Fort Erie Record

Regular Council

December 18, 2023

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 (25 motions)

21 carried, 4 recorded otherwise. Every motion below is printed as the minutes print it.

McDermott That: Council approves the consent agenda as recommended, as amended.
Moved by Councillor Christensen
Carried
McDermott That: Council receives the Community Gaming Development Corporation minutes of September 27, 2023.
Moved by Councillor Christensen
Carried
That: Council direct staff to include dedicated short term rentals in both water front zones in the area between Matthews Road on the Port Colborne border and Kraft Road.
Moved by Councillor Lewis, seconded by Councillor Dubanow
Carried
That: the item be deferred until the January 29, 2024 Regular Council Meeting.
Moved by Mayor Redekop, seconded by Councillor Noyes
Lost
McDermott That: Council approves the amendment to the Town’s Official Plan and Zoning By-law 129-90, as amended, as detailed in Report Number PDS-82-2023, and further That: Council direct staff to include dedicated short term rentals in both water front zones in the area between Matthews Road at the Port Colborne border and Kraft Road; and further That: Council directs Staff to submit the necessary By-laws; and further That: Council directs Staff to submit a report on proposed changes to the Business Licensing Bylaw 217-05, Schedule “13” as amended (Short-Term Rentals).
Moved by Councillor Christensen
Carried
Section 4.1 (e) of Council Rules of Procedure provides that where a Member of Council is absent from meetings for more than three successive months without the consent of Council by resolution, the Member's seat becomes vacant and is filled as set out in the prevailing legislation; and Whereas Section 5.3 of the Mayor's Youth Advisory Committee Terms of Reference provides that the Committee shall follow the Council's Rules of Procedure By-law, as amended or replaced, with modifications as necessary; and Whereas the Mayor's Youth Advisory Committee reviewed the attendance of its members at its November 27th meeting and motioned to vacate the seat of three members following efforts to contact the absent members; Now, therefore, be it resolved That: Council declares three vacancies for the Mayor's Youth Advisory Committee due to more than three successive months of absenteeism without consent of the Committee, as noted in the November 27, 2023 minutes.
Moved by Councillor Dubanow
Carried
McDermott That: Council does now go into Closed Session at 7:24 p.m. to consider the following: Pursuant to Section 239 (2) (b) of the Municipal Act, 2001 (personal matters about an identifiable individual, including municipal or local board employees). Re: Affordable Housing Advisory Committee Pursuant to Section 239 (2) (b) of the Municipal Act, 2001 (personal matters about an identifiable individual, including municipal or local board employees). Re: Crystal Beach Business Improvement Area Board of Management. Pursuant to Section 239 (2) (b) of the Municipal Act, 2001 (personal matters about an identifiable individual, including municipal or local board employees). Re Fort Erie Public Library Board
Moved by Councillor Flagg
Carried
That: Council rises and reconvenes from Closed Session at 7:44 with report that: 14.1 Council appoints Alexander Morrison to the Affordable Housing Advisory Committee for the term ending November 14, 2023, or until their successor is appointed, and further 14.2 Council appoints Irene Bradvica to the Crystal Beach Business Improvement Area Board of Management, for the term ending November 14, 2023, or until their successor is appointed, and further 14.3 Council defers item 14.3 Fort Erie Public Library Board Appointment to the January 29, 2024 Council meeting. 16. Motions 16.1 Mayor Redekop Re: Request Provincial and Federal Government to Develop a Program to Assist Municipalities in Ontario in Maintaining our Infrastructure Assets The motion was
Moved by Councillor Lewis
Withdrawn
That : The by-law package containing: 167-2023 To Amend By-law 142-06 (Expense Allowance Policy) and Repeal By- law 207-99 168-2023 To Accept and Declare Lands as Public Highway – Ridge Road North (440 Ridge Road North and 0-8481 Ridge Road North) 169-2023 To Enact an Amendment to the Official Plan Adopted by By-law 150-06 for the Town of Fort Erie Planning Area - Amendment 76 - 5047 Abino Hills Road, Abino Hills Land Inc.(Jennifer Bronstein) – Owner 170-2023 To Amend Zoning By-law 129-90, as amended - 5047 Abino Hills Road, Abino Hills Land, Inc. (Jennifer Bronstein) – Owner 171-2023 To Stop Up, Close and Convey Part of the Road Allowance Between Lots 22 and 23, Concession 3, Lake Erie, Bertie 172-2023 To Revise Council Code of Conduct and Repeal By-law 43-2015 173-2023 To Authorize the Execution of an Amending Agreement with Rutherford Prosecutions for Hearing Officer Services under the Administrative Penalty System (Fees for Services) 174-2023 To Adopt the 2024 Water and Wastewater Budget, to Adopt Rates, Fees and Charges for the Year 2024 176-2023 To Establish Fees and Charges for the Town of Fort Erie and to Repeal By-law 40-09, as amended 177-202 To Re-establish the Environmental Advisory Committee, Adopt Terms of Reference and Repeal By-laws 170-2006 and 98-2015, is given first and second reading.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
McDermott That: By-laws: 167-2023, 168-2023, 169-2023, 170-2023, 171-2023, 172-2023, 173-2023, 174-2023, 176-2023, 177-2023, 178-2023, is given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Christensen
Carried
That: By-law 175-2023 being a By-law to adopt the Preliminary Capital Budget for the Town of Fort Erie for the year 2024 is given first and second reading.
Moved by Councillor Noyes, seconded by Councillor Lewis
Carried
That: That By-law 175-2023 be amended to remove the budget item FETC24, and that the item be
Moved by Councillor Lewis, seconded by Councillor Noyes
Referred
McDermott That: By-law 175-2023, as amended, is given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Christensen
Carried
That: By-law 178-2023 To Confirm the Actions of Council at its Council-in-Budget Committee Meeting Held on December 6, 2023, Council-in-Committee Meeting H eld on December 11, 2023 and its Council Meeting Held on December 18, 2023, is given first and second reading.
Moved by Councillor Flagg, seconded by Councillor Dubanow
Carried
That: Council adjourns at 8:07 p.m. to reconvene into a Regular Meeting of Council on January 29, 2024.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council approves the consent agenda as recommended, as amended.
Moved by Councillor Christensen, seconded by Councillor McDermott
Carried
That: Council receives the Community Gaming Development Corporation minutes of September 27, 2023.
Moved by Councillor Christensen, seconded by Councillor McDermott
Carried
That: Council approves the amendment to the Town’s Official Plan and Zoning By-law 129-90, as amended, as detailed in Report Number PDS- 82-2023, and further That: Council direct staff to include dedicated short term rentals in both water front zones in the area between Matthews Road at the Port Colborne border and Kraft Road; and further That: Council directs Staff to submit the necessary By-laws; and further That: Council directs Staff to submit a report on proposed changes to the Business Licensing Bylaw 217-05, Schedule “13” as amended (Short- Term Rentals).
Moved by Councillor Christensen, seconded by Councillor McDermott
Carried
That: Council does now go into Closed Session at 7:24 p.m. to consider the following:  Pursuant to Section 239 (2) (b) of the Municipal Act, 2001 (personal matters about an identifiable individual, including municipal or local board employees). Re: Affordable Housing Advisory Committee  Pursuant to Section 239 (2) (b) of the Municipal Act, 2001 (personal matters about an identifiable individual, including municipal or local board employees). Re: Crystal Beach Business Improvement Area Board of Management.  Pursuant to Section 239 (2) (b) of the Municipal Act, 2001 (personal matters about an identifiable individual, including municipal or local board employees). Re Fort Erie Public Library Board
Moved by Councillor Flagg, seconded by Councillor McDermott
Carried
That: The by-law package containing: 167-2023 To Amend By-law 142-06 (Expense Allowance Policy) and Repeal By- law 207-99 168-2023 To Accept and Declare Lands as Public Highway – Ridge Road North (440 Ridge Road North and 0-8481 Ridge Road North) Regular Council Meeting Minutes - December 18, 2023 8 169-2023 To Enact an Amendment to the Official Plan Adopted by By-law 150-06 for the Town of Fort Erie Planning Area - Amendment 76 - 5047 Abino Hills Road, Abino Hills Land Inc.(Jennifer Bronstein) – Owner 170-2023 To Amend Zoning By-law 129-90, as amended - 5047 Abino Hills Road, Abino Hills Land, Inc. (Jennifer Bronstein) – Owner 171-2023 To Stop Up, Close and Convey Part of the Road Allowance Between Lots 22 and 23, Concession 3, Lake Erie, Bertie 172-2023 To Revise Council Code of Conduct and Repeal By-law 43-2015 173-2023 To Authorize the Execution of an Amending Agreement with Rutherford Prosecutions for Hearing Officer Services under the Administrative Penalty System (Fees for Services) 174-2023 To Adopt the 2024 Water and Wastewater Budget, to Adopt Rates, Fees and Charges for the Year 2024 176-2023 To Establish Fees and Charges for the Town of Fort Erie and to Repeal By-law 40-09, as amended 177-202 To Re-establish the Environmental Advisory Committee, Adopt Terms of Reference and Repeal By-laws 170-2006 and 98-2015, is given first and second reading.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: By-laws: 167-2023, 168-2023, 169-2023, 170-2023, 171-2023, 172-2023, 173-2023, 174-2023, 176-2023, 177-2023, 178-2023, is given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Christensen, seconded by Councillor McDermott
Carried
That: By-law 175-2023, as amended, is given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Christensen, seconded by Councillor McDermott
Carried
That: By-law 178-2023 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor McDermott, seconded by Councillor Christensen
Carried
Whereas Section 4.1 (e) of Council Rules of Procedure provides that where a Member of Council is absent from meetings for more than three successive months without the consent of Council by resolution, the Member's seat becomes vacant and is filled as set out in the prevailing legislation; and Whereas Section 5.3 of the Mayor's Youth Advisory Committee Terms of Reference provides that the Committee shall follow the Council's Rules of Procedure By-law, as amended or replaced, with modifications as necessary; and Whereas the Mayor's Youth Advisory Committee reviewed the attendance of its members at its November 27th meeting and motioned to vacate the seat of three members following efforts to contact the absent members; Now, therefore, be it resolved That: Council declares three vacancies for the Mayor's Youth Advisory Committee due to more than three successive months of absenteeism without consent of the Committee, as noted in the November 27, 2023 minutes. Regular Council Meeting Minutes - December 18, 2023 6
Moved by Councillor Dubanow
Carried
That: Council rises and reconvenes from Closed Session at 7:44 with report that: Regular Council Meeting Minutes - December 18, 2023 7 14.1 Council appoints Alexander Morrison to the Affordable Housing Advisory Committee for the term ending November 14, 2023, or until their successor is appointed, and further 14.2 Council appoints Irene Bradvica to the Crystal Beach Business Improvement Area Board of Management, for the term ending November 14, 2023, or until their successor is appointed, and further 14.3 Council defers item 14.3 Fort Erie Public Library Board Appointment to the January 29, 2024 Council meeting. 16. Motions 16.1 Mayor Redekop Re: Request Provincial and Federal Government to Develop a Program to Assist Municipalities in Ontario in Maintaining our Infrastructure Assets The motion was
Moved by Councillor Lewis
Withdrawn

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