The Fort Erie Record

Regular Council

May 26, 2025

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 Dubanowregarding By-law 46-2025 as his company was previously a tenant or owner of the property when the holding provision was applied
Councillor Noyesregarding Item 9.1 as she is a member of St

What was decided (29 motions)

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

That: Council receives for information purposes, Report PBBS-38-2025 regarding a proposed Zoning By-law Amendment for the lands located at 3957 Rebstock Road.
Moved by Councillor Christensen, seconded by Councillor Flagg
Carried
That: Council receives Memorandum - Black Creek Water Windows Follow-Up for information purposes.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
McDermott That: Council accepts the resignation of Kathleen Moses from the Community Health Care Services Committee, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.
Moved by Councillor Flagg
Carried
That: Council does now go into Closed Session at 8:48 p.m. to consider the following: Item 14.1 Closed Session Minutes - April 28, 2025; and May 12, 2025; Item 14.2 Crystal Beach Business Improvement Area Board of Management Appointment, pursuant to Section 239 (2) (b) of the Municipal Act, 2001 , personal matters about an identifiable individual, including municipal or local board employees; Item 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; Item 14.4 Community Health Care Services Committee Appointment, pursuant to Section 239 (2) (b) of the Municipal Act, 2001 , personal matters about an identifiable individual, including municipal or local board employees; Item 14.5 PBBS-39-2025 1 Burns Place OPA ZBA OLT Appeal Recommendation Report, pursuant to Section 239 (2) (e), litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and Appeal to the Ontario Land Tribunal for a Combined Official Plan and Zoning By-law Amendment Application, Heritage Designation and Heritage Permit (Demolition) for 1 Burns Place (OLT Case Nos. OLT-22-004707, OLT-25-000081, OLT-25-000108); and Item 14.7 By-law 47-2025 To Amend Zoning By-129-90, as amended - 3741 Nigh Road, pursuant to Section 239 (2) (e) of the Municipal Act, 2001 , litigation or potential litigation, inc
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council does now rise and reconvene from closed session at 9:35 p.m. with report: Item 14.1 That: Council approves the Closed Session Minutes - April 28, 2025; and May 12, 2025 Item 14.2 That: Council appoints Sandra Fishman to the Crystal Beach Business Improvement Area Board of Management for the term ending November 14, 2026, or until their successor is appointed, and Item 14.3 That: Council appoints Daniel Turner to the Fort Erie Public Library Board for the term ending November 14, 2026, or until their successor is appointed, and Item 14.4 That: Council appoints Kimberley Schutt to the Community Health Care Services Committee for the term ending November 14, 2026, or until their successor is appointed, and Item 14.5 That: Council authorizes staff and legal counsel to proceed as directed in Closed Session, and Item 14.7 That: Council authorizes staff to proceed as directed in Closed Session.
Moved by Councillor Lewis, seconded by Councillor Christensen
Carried
McDermott That: By-law 46-2025 To Amend the Zoning By-law 129-90, as Amended Removal of Holding Provision for 409 and 423 Walden Boulevard is given first and second reading.
Moved by Councillor Flagg
Carried
That: By-law 46-2025 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 Flagg
Carried
McDermott That: The by-law package containing: 47-2025 To Amend Zoning By-129-90, as amended - 3741 Nigh Road 49-2025 To Amend the User Fees and Charges By-law 132-2024 (Animal Care and Control Fees) 50-2025 To Amend By-law 39-2025 Municipal Parking Lot Use and Maintenance Policy (Short Term Rental Parking) 51-2025 To Amend the User Fees and Charges By-law 132-2024 (Short Term Rental Parking in Municipal Lots) 52-2025 To Amend Zoning By-law 129-90, as amended - 1931 Norris Avenue 53-2025 To Amend Tree By-law 33-2024 (Clarification on Enforcement and Implementation) are given first and second reading.
Moved by Councillor Flagg
Carried
That: By-law 53-2025 to amend Tree By-law 33-2024 be amended by amending references to "$200,000" as the maximum cash in lieu amount per 5.5 Hectare Site and replacing it with "$150,000", and any additional assessed amounts be reduced from "$40,000" to "$30,000".
Moved by Councillor Lewis, seconded by Councillor Christensen
Carried
That: By-law 53-2025 is amended to include a section to amend By-law 33-2024 to delete and replace Section 5.1 with the following: "5.1 Subject to Section 8.0, and not withstanding Section 4.0, no person shall injure or destroy a tree, or cause or permit the injury or destruction of a tree, without a permit or exemption letter" and to remove mention of "4.1(k) and (o)" in Section 8.2.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: By-law 53-2025 be amended by adding a Section to amend By-law 33-2024 to amend 6.1 b) to include "within a wood lot" following "invasive species trees."
Moved by Councillor Noyes, seconded by Councillor Lewis
Carried
That: Section 1 of By-law 53-2025 be amended to include the following definition: "Tree Stump - The remaining base portion of a tree trunk and its roots that is left in the ground after the main stem and canopy have been removed or have fallen."
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: Section 6 vi. of By-law 53-2025 be amended to add the word "European" in front of "White Birch".
Moved by Councillor Christensen, seconded by Councillor Lewis
Carried
That: Council extend the hour of adjournment to 10:30 p.m.
Moved by Councillor Lewis, seconded by Councillor Dubanow
Carried
That: By-laws 47-2025, and 49-2025 to 53-2025 inclusive are given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Christensen, seconded by Councillor Flagg
Carried
McDermott That: By-law 48-2025 To Appoint the Fort Erie Society for the Prevention of Cruelty to Animals as Poundkeeper, to Appoint Certain Employees as Municipal Law Enforcement Officers for the Purpose of Enforcing Animal-Related By-laws, and to Authorize the entry into an Animal Control Services Agreement with the Fort Erie Society for the Prevention of Cruelty to Animals, for Animal Care and Control Services is given first and second reading.
Moved by Councillor Flagg
Carried
That: By-law 48-2025 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 Flagg
Carried
That: By-law 54-2025 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: Council adjourns at 10:21 pm to reconvene into a Regular Meeting of Council on June 23, 2025.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council approves the consent agenda as recommended.
Moved by Councillor McDermott, seconded by Councillor Flagg
Carried
That: Council accepts the resignation of Kathleen Moses from the Community Health Care Services Committee, and further Regular Council Meeting Minutes - May 26, 2025 8 That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.
Moved by Councillor Flagg, seconded by Councillor McDermott
Carried
That: Council does now go into Closed Session at 8:48 p.m. to consider the following: Item 14.1 Closed Session Minutes - April 28, 2025; and May 12, 2025; Item 14.2 Crystal Beach Business Improvement Area Board of Management Appointment, pursuant to Section 239 (2) (b) of the Municipal Act, 2001, personal matters about an identifiable individual, including municipal or local board employees; Item 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; Item 14.4 Community Health Care Services Committee Appointment, pursuant to Section 239 (2) (b) of the Municipal Act, 2001, personal matters about an identifiable individual, including municipal or local board employees; Item 14.5 PBBS-39-2025 1 Burns Place OPA ZBA OLT Appeal Recommendation Report, pursuant to Section 239 (2) (e), litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and Appeal to the Ontario Land Tribunal for a Combined Official Plan and Zoning By-law Amendment Application, Heritage Designation and Heritage Permit (Demolition) for 1 Burns Place (OLT Case Nos. OLT-22-004707, OLT-25-000081, OLT-25-000108); and Item 14.7 By-law 47-2025 To Amend Zoning By-129-90, as amended - 3741 Nigh Road, pursuant to Section 239 (2) (e) of the Municipal Act, 2001, litigation or potential litigation, includi
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
Regular Council Meeting Minutes - May 26, 2025 9 That: Council does now rise and reconvene from closed session at 9:35 p.m. with report: Item 14.1 That: Council approves the Closed Session Minutes - April 28, 2025; and May 12, 2025 Item 14.2 That: Council appoints Sandra Fishman to the Crystal Beach Business Improvement Area Board of Management for the term ending November 14, 2026, or until their successor is appointed, and Item 14.3 That: Council appoints Daniel Turner to the Fort Erie Public Library Board for the term ending November 14, 2026, or until their successor is appointed, and Item 14.4 That: Council appoints Kimberley Schutt to the Community Health Care Services Committee for the term ending November 14, 2026, or until their successor is appointed, and Item 14.5 That: Council authorizes staff and legal counsel to proceed as directed in Closed Session, and Item 14.7 That: Council authorizes staff to proceed as directed in Closed Session.
Moved by Councillor Lewis, seconded by Councillor Christensen
Carried
That: By-law 46-2025 To Amend the Zoning By-law 129-90, as Amended Removal of Holding Provision for 409 and 423 Walden Boulevard is given first and second reading.
Moved by Councillor Flagg, seconded by Councillor McDermott
Carried
That: By-law 33-2025 is amended to include a section to amend By-law 33-2024 to delete and replace Section 5.1 with the following: "5.1 Subject to Section 8.0, and not withstanding Section 4.0, no person shall injure or destroy a tree, or cause or permit the injury or destruction of a tree, without a permit or exemption letter" and to remove mention of "4.1(k) and (o)" in Section 8.2.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: Section 1 of By-law 53-2025 be amended to include the following definition: "Tree Stump - The remaining base portion of a tree trunk and its roots that is left in the ground after the main stem and canopy have been removed or have fallen." Regular Council Meeting Minutes - May 26, 2025 12
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: By-law 48-2025 To Appoint the Fort Erie Society for the Prevention of Cruelty to Animals as Poundkeeper, to Appoint Certain Employees as Municipal Law Enforcement Officers for the Purpose of Enforcing Animal-Related By-laws, and to Authorize the entry into an Animal Control Services Agreement with the Fort Erie Society for the Prevention of Cruelty to Animals, for Animal Care and Control Services is given first and second reading.
Moved by Councillor Flagg, seconded by Councillor McDermott
Carried
That: By-law 54-2025: To Confirm the Actions of Council at its Council-in- Committee meeting held May 12, 2025, and its Regular Council meeting held May 26, 2025, is given first and second reading.
Moved by Councillor McDermott, seconded by Councillor Flagg
Carried
That: The by-law package containing: 47-2025 To Amend Zoning By-129-90, as amended - 3741 Nigh Road 49-2025 To Amend the User Fees and Charges By-law 132-2024 (Animal Care and Control Fees) 50-2025 To Amend By-law 39-2025 Municipal Parking Lot Use and Maintenance Policy (Short Term Rental Parking) 51-2025 To Amend the User Fees and Charges By-law 132-2024 (Short Term Rental Parking in Municipal Lots) 52-2025 To Amend Zoning By-law 129-90, as amended - 1931 Norris Avenue 53-2025 To Amend Tree By-law 33-2024 (Clarification on Enforcement and Implementation) are given first and second reading. Regular Council Meeting Minutes - May 26, 2025 11 Amendment: Moved by: Councillor Lewis Seconded by: Councillor Christensen That: By-law 53-2025 to amend Tree By-law 33-2024 be amended by amending references to "$200,000" as the maximum cash in lieu amount per 5.5 Hectare Site and replacing it with "$150,000", and any additional assessed amounts be reduced from "$40,000" to "$30,000".
Moved by Councillor Flagg
Carried

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