Regular Council

That: Council approves the Consent Agenda Items as recommended, save and except Item No. 9.2 3 (h). (

Page 8 of 19 Regular Council - 12 Dec 2022 Meeting Minutes 9.2 3 (h) Receive & Approve Recommendation - Environmental Advisory Committee - November 6, 2022, regarding: (i) 842 Rosehill Road: Request to remove EC Overlay be denied until an EIS is completed to review the cumulative impact on the overall feature That: Council approves Consent Agenda Item 9.2 3 (h) as recommended. (

That: An amendment be made to put a Holding Provision on Blocks 74 and 75 until issues surrounding the Black Creek and Baker Roads intersection and a potential 3rd access are resolved by the municipality. Mayor Redekop gave the Chair to Councillor McDermott in order to speak to the matter. Mayor Redekop requested Councillor Dubanow to withdraw his amendment. Councillor Dubanow declined. The amendment on the floor was voted on as follows: That: An amendment be made to put a Holding Provision on Blocks 74 and 75 until issues surrounding the Black Creek and Baker Roads intersection and a potential 3rd access are resolved by the municipality. (

That: Report No. PDS-78-2022 be postponed to the January 23, 2023 Regular Council Meeting in order to permit staff to discuss with the developer the following items: 1. The alternate 3rd route access to Baker Road through the subdivision or any other alternate route that might be suggesting itself through those discussions; 2. The density of the development; 3. The interface of the homes on Black Creek Road; and 4. The removal of the stacked townhouse request for Blocks 74 and 75. Page 10 of 19 Regular Council - 12 Dec 2022 Meeting Minutes Councillor Dubanow requested a recorded vote, the results of which were as follows: Yes No Councillor Christensen Councillor Dubanow Councillor Lewis Councillor McDermott Councillor Flagg Councillor Noyes Mayor Redekop (

That: Council approves the amendments to the Town's Official Plan and Zoning Bylaw No. 129-90 as detailed in Report No. PDS-79-2022 for the lands known as 315 and 0-350 Garrison Road, and further That: Council approves the Draft Plan of Common Elements Condominium for 315 and 0-350 Garrison Road, dated November 25, 2022 and contained in Appendix “7”, subject to the conditions contained in Appendix “8” of Report No. PDS-79-2022, and further That: Council directs staff to circulate the Conditions of Draft Plan Approval in Appendix “8” of Report No. PDS-79-2022 to the applicable agencies in accordance with the requirements of the Planning Act, and further Page 11 of 19 Regular Council - 12 Dec 2022 Meeting Minutes That: Council directs that the Holding Provision not be removed until the abutting Town lands in accordance with Appendix “3” of Report No. PDS- 79-2022 have been purchased by the Owner/Developer, and further That: Council authorizes and approves the sale of the Sixth Street road allowance, Plan 519; Fort Erie, being all of PIN 64220-0126 (LT) and part of the abutting lane, Plan 519; Fort Erie, being part of PIN 64220-0120 (LT) to the Applicant, Vijaykumar Patel, for the amount of $330,000 plus HST, and further That: Council directs that the sale of the Sixth Street road allowance and part of the abutting lane be conditional on the subject lands legally merging in title with Applicant’s abutting lands, and further That: Council directs Staff to submit the necessary By-

That: Report No. PDS-812022 be postponed to February 27, 2023, to consider the matter following receipt of a second planning opinion on the matter. (

That: The following members of the Ridgeway Business Improvement Area are appointed to the Board of Management as recommended in the minutes of November 23, 2022, Annual General Meeting for the term ending November 14, 2026, until their successors are appointed: 1. Susan Atkinson 2. Christine Trombley-Davis 3. William (Bill) Day 4. Carol LaCivita 5. Chuck Lord 6. Anna Morlacchetti 7. Jennifer Priestly 8. Jennifer Wilkinson, and 9. Councillor Christensen (

That: The following members of the Crystal Beach Business Improvement Area are appointed to the Board of Management as recommended in the minutes of November 30, 2022, Annual Page 13 of 19 Regular Council - 12 Dec 2022 Meeting Minutes General Meeting for the term ending November 14, 2026, until their successors are appointed: 1. Regan Greatrix 2. Melissa Dubois 3. Robin Bannerman 4. Kirk Fretz 5. Carolyn Smith 6. Councillor Lewis, and 7. (1 Vacancy) (

That: The following members of the Bridgeburg Station Downtown Business Improvement Area are appointed to the Board of Management as recommended in the minutes of December 6, 2022, Annual General Meeting for the term ending November 14, 2026, until their successors are appointed: 1. Todd Bews 2. Jesse Boles 3. Brandon Flannigan 4. Venu Katta 5. Vince Salvatori 6. Stacie Vankralingen 7. Anne Vella 8. William (Bill) Thomas, and 9. Councillor McDermott (

That: Council appoints Grace A. Gismondi and William MacQuarrie to the Mayor's Youth Advisory Committee for the period ending November 14, 2026, until their successors are appointed. (

That: Council nominates Mayor Redekop as the Town of Fort Erie Council Representative on the Niagara Region's Transit Commission Board. (

That: Council recommends to the Niagara Parks Commission that Mayor Redekop be appointed as the Town of Fort Erie member of the Niagara Parks Commission for the 2022-2026 Term of Council. (

That: Council will now hold a Closed Session Meeting at 8:57 p.m. to consider the following: Page 16 of 19 Regular Council - 12 Dec 2022 Meeting Minutes (a) 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 Section 239 (f) (advice that is subject to solicitor-client privilege, including communications necessary for that purpose) Re: Ontario Land Tribunal Appeal - 214 Windmill Point Road South (

That: Council does now rise and reconvene from Closed Session at 9:17 p.m. with report that staff proceed as directed. (

That: The by-law package containing: 147-2022: To Authorize the Execution of an Assumption Agreement for 315 Garrison Road with 2717041 Ontario Inc. (Vijaykumar Patel) 148-2022: To Authorize the Execution of an Amending Subdivision Agreement with 2835033 Ontario Inc. (Mitchell Williams) (Alliston Woods Subdivision) 149-2022: To Authorize the Execution of a Development Agreement with 1736106 Ontario Inc. (Connie Nothdurft) (Houck Crescent) 150-2022: To Amend By-law No. 93-12, as amended To Adopt a Reserve Policy for the Town of Fort Erie (Establish Heritage Reserve and Climate Change Reserve and Close Greater Fort Erie Secondary School Theatre, Battlefield Park Pavilion and Transit Capital Reserves) Page 17 of 19 Regular Council - 12 Dec 2022 Meeting Minutes 151-2022: To Accept and Declare Lands as Public Highway on the East Side of Buffalo Road (448 Buffalo Road - Lea Anne Watson & Victoria James) 152-2022: To Amend Fees and Charges By-law No. 40-09, as amended (2023 Review) 153-2022: To Amend By-law No. 60-2017 - Sale of Land Policy 154-2022: To Waive Business Licensing Fees for 2023 (excluding Short Term Rentals) 155-2022: To Deem Part of a Certain Registered Plan of Subdivision not to be a Registered Plan of Subdivision - 3815 Mathewson Avenue - Seguro lmport Export Ltd. c/o Rhayan El Fakih (Owner) 156-2022: To Exempt Certain Lots and Blocks in Plan 59M483 from Part Lot Control, Blocks 49 & 50 (Mitchell Crescent) - Blackcreek Signature Subdivision - Rinaldi Homes (Niagara)

That: By-laws: 147-2022 148-2022 149-2022 150-2022 151-2022 152-2022 153-2022 154-2022 155-2022 156-2022 157-2022 are given third and final reading to be signed by the Mayor and Clerk under the corporate seal. (

That: By-law No. 158 -2022: To Confirm the Actions of Council at its Council-in-Committee Meeting held on November 21, 2022, Special Council Meeting held on December 1, 2022, Council-in-Committee Meeting held on December 5, 2022, Council-in-Budget Committee Meeting No. 1 held on December 7, 2022, and its Council Meeting held on December 12, 2022 is given first and second reading. (

That: By-law No. 158-2022 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal. (

That: Council adjourns at 9:27 p.m. to reconvene into a Regular Meeting of Council on January 23, 2023. (