Regular Council

That: Council approves the amendment to the Town’s Zoning By-law No. 129-90 as detailed in Report No. PDS-57-2023 for the lands known as 3701 Elm Street, and further That: Council directs Staff to submit the necessary By-law.

McDermott That: Council receives for information purposes Report No. PDS-55-2023 regarding a proposed Zoning By-law Amendment and Draft Plan of Subdivision for 0-10417 Walden Boulevard.

McDermott That: Council approves the consent agenda as recommended, with the exception of Item 11.2.6.

McDermott That: Council receives ADR Chambers, Integrity Commissioner Office for the Town of Fort Erie - Report - Councillor Lewis Complaint IC-23623-0423.

That: Council authorize the initiation of a review and amendment to By-lawNo. 60-04 - A By-Law to Regulate the Destruction, Injury and Harvesting of Trees in The Town of Fort Erie in accordance with the Municipal Act of Ontario, as outlined in Report No. PDS-54-2023, and further That: Council authorizes staff to initiate discussions with external agencies (i.e., Niagara Region, NPCA) regarding coordination approaches.

That: Condition 21 of Appendix "3" to Report PDS-56-2023 be amended to "That the owner dedicates 6.0 metre by 6.0 metre daylighting triangles easement at the corners of Regional Road 1 (Dominion Road) and the private road to the Niagara Region", and further That: Condition 22 of Appendix "3" to Report PDS-56-2023 be amended to: "That the owner dedicates 0.3 metre reserves to the Regional Municipality of Niagara within Block 3 exclusive of the driveway and required servicing encroachments if applicable and to the satisfaction of the Region of Niagara."

That: Council approves the amendment to the Town's Zoning By-law No. 129-90 as detailed in Report No. PDS-56-2023, as amended, for the lands known as 3303 Dominion Road, and further That: Council approves the Draft Plan of Subdivision, as amended, dated January 28, 2023, showing 2 blocks for a total of 13 townhouse dwellings and 1 block intended for a common elements condominium as illustrated in Appendix “2” of Report No. PDS-56-2023, 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 “3”, as amended, of Report No. PDS-56-2023, and further That: Council approves the Draft Plan of Common Elements Condominium dated March 13, 2023, showing 1 block for common elements as illustrated in Appendix “4” of Report No. PDS-56-2023, 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 “5” of Report No. PDS-56- 2023, and further That: Council directs staff to circulate the Conditions of Draft Plan Approval in Appendix “3”, as amended, and Appendix “5” of Report No. PDS-56-2023 to the applicable agencies in accordance with the requirements of the Planning Act , and further That: Council directs Staff to submit the necessary Zoning By-law Amendment.

That: Council authorizes the entry into a Standard Condominium Assumption Agreement with Marz Homes (Crystal Beach) Inc. and the future Condominium Corporation for South Coast Townhomes Standard Condominium, and further That: Council authorizes staff to prepare a by-law to execute the Standard Condominium Assumption Agreement and associated documents.

That: Council approves that the equipment be made portable in order to move facilities if necessary.

McDermott That: Council appoints Sandra Flake and Diane LePage to the Property Standards Committee for the term ending November 14, 2026 or until their successors are appointed.

McDermott That: Council accepts the resignation of Wayne Ostermaier from the Senior Citizen Advisory Committee, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.

That: Council receives Memorandum - Fee Waiver Lions Douglas Heights - 255 High Street for information purposes.

That: Council does now go into Closed Session at 9:32 p.m. to consider the following items: 14.1 4152 Erie Road 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: 4152 Erie Road 14.2 Outstanding Legal Matters 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: Outstanding Legal Matters

McDermott That: Council rises and reconvenes from Closed Session at 9:53 p.m. without report.

McDermott That: Council suspends Section 14.1 a) of the Council Rules of Procedure By-law regarding Notice of Motion to allow Council to consider a Motion without proper notice.

That: Council authorizes staff to provide a grant to Lions Douglas Heights to provide relief for the preparation and registration of a reference plan and Functional Servicing Report peer review analysis fee as part of their affordable seniors housing project on High Street in the Town of Fort Erie, and further; That: Council provides funding for this grant, estimated to be $5,075, from a 2023 Budget funding source identified by the Director of Corporate Services.

That: The by-law package containing: 125-2023: To Appoint Peter Todd, Town Clerk for the Corporation of the Town of Fort Erie 126-2023: To Amend Zoning By-law No. 129-90, as amended Removal of Holding Provision 315 and 0-350 Garrison Road 2717041 Ontario Inc. (Vijaykumar Patel) - Owner 128-2023: To Assume Primary Services in the Peace Bridge Village Subdivision – Phase 1 (59M-430) (Ashton Homes (Western Limited) – Aldo Vercillo) 129-2023: To Amend the Terms of Reference for the Property Standards Committee and Repeal By-law 71-2023 131-2023: To Establish Community Benefits Charges for the Town of Fort Erie 132-2023: To Authorize the Entry into a Grant Funding Agreement for Physician Recruitment with Dr. Manpreet Singh is given first and second reading.

That: By-laws 125-2023,126-2023, 128-2023, 129-2023, 131-2023, and 132-2023 are given third and final reading to be signed by the Mayor and the Clerk under the corporate seal.

That: The hour of adjournment be extended beyond 10:00 p.m.

McDermott That: By-law 127-2023: To Assume Secondary Services in the South Coast Village - Phase 2 Subdivision (Plan 59M-430) Marz Homes (Crystal Beach) Inc. – Dan Gabriele and further That: By-law 130-2023: To Authorize the Execution of an Assumption Agreement for South Coast Village Phase 2 - Block 2 with Marz Homes (Crystal Beach) Inc. - Dan Gabriele are given first and second reading.

That: By-law 133-2023: To Confirm the Actions of Council at its Council-in-Committee Meeting Held on August 14, 2023 and its Regular Council Meeting Held on August 28, 2023 is given first and second reading.

That: By-law 133-2023 is given third and final reading to be signed by the Mayor and the Clerk under the corporate seal.

That: Council adjourns at 10:10 pm to reconvene into a Regular Meeting of Council on September 18, 2023.

That: Council receives for information purposes Report No. PDS-55-2023 regarding a proposed Zoning By-law Amendment and Draft Plan of Subdivision for 0-10417 Walden Boulevard.

That: Council approves the consent agenda as recommended, with the exception of Item 11.2.6.

That: Council receives ADR Chambers, Integrity Commissioner Office for the Town of Fort Erie - Report - Councillor Lewis Complaint IC- 23623-0423. Regular Council Meeting Minutes - August 28, 2023 7

That: Condition 21 of Appendix "3" to Report PDS-56-2023 be amended to "That the owner dedicates 6.0 metre by 6.0 metre daylighting triangles easement at the corners of Regional Road 1 (Dominion Road) and the private road to the Niagara Region", and further That: Condition 22 of Appendix "3" to Report PDS-56-2023 be amended to: "That the owner dedicates 0.3 metre reserves to the Regional Municipality of Niagara within Block 3 exclusive of the driveway and required servicing encroachments if applicable and to the satisfaction of the Region of Niagara." Regular Council Meeting Minutes - August 28, 2023 8

That: Council approves the request in the amount of $18,000 for modernization and upgrade to the Fort Erie Group Family Practice to make this a clinical space that is favourable to physician recruitment; and further That: Council amends the 2023 Operating Budget to provide grant funding to the Fort Erie Group Family Practice in the amount of $18,000 with funding from the Community Health and Wellness Reserve.

That: Council accepts the resignation of Craig Shufelt from the Community Gaming Development Corporation, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.

That: Council accepts the resignation of Wayne Ostermaier from the Senior Citizen Advisory Committee, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.

That: Council does now go into Closed Session at 9:32 p.m. to consider the following items: 14.1 4152 Erie Road 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: 4152 Erie Road 14.2 Outstanding Legal Matters 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. Regular Council Meeting Minutes - August 28, 2023 12 Re: Outstanding Legal Matters

That: Council rises and reconvenes from Closed Session at 9:53 p.m. without report.

That: Council suspends Section 14.1 a) of the Council Rules of Procedure By-law regarding Notice of Motion to allow Council to consider a Motion without proper notice.

That: Council authorizes staff to provide a grant to Lions Douglas Heights to provide relief for the preparation and registration of a reference plan and Functional Servicing Report peer review analysis fee as part of their affordable seniors housing project on High Street in the Town of Fort Erie, and further; That: Council provides funding for this grant, estimated to be $5,075, from Regular Council Meeting Minutes - August 28, 2023 13 a 2023 Budget funding source identified by the Director of Corporate Services.

That: The hour of adjournment be extended beyond 10:00 p.m. Regular Council Meeting Minutes - August 28, 2023 14

That: By-law 127-2023: To Assume Secondary Services in the South Coast Village - Phase 2 Subdivision (Plan 59M-430) Marz Homes (Crystal Beach) Inc. – Dan Gabriele and further That: By-law 130-2023: To Authorize the Execution of an Assumption Agreement for South Coast Village Phase 2 - Block 2 with Marz Homes (Crystal Beach) Inc. - Dan Gabriele are given first and second reading.

That: By-laws 127-2023 and 130-2023 are given third and final reading to be signed by the Mayor and Clerk under the corporate seal.