The Fort Erie Record

Regular Council

May 30, 2022

Who was there

Present (4): Nick Dubanow, 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.

What was decided (27 motions)

27 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 Report No. CAO-08- 2022. (
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
CAO-08-2022 Purchase of a Pool Lift for the E.J. Freeland Community Centre That: Council amends the 2022 Capital Budget to include an accessible pool lift for the E.J. Freeland Centre for $13,270 with $2,500 in donations, $1,500 from the Accessibility Advisory Committee operating budget, and $9,270 from the Facilities Maintenance Reserve, and further That: Council approves the purchase of the pool lift for $14,735.20 (including 13% HST) from Motion Specialties to allow for independent entry into the pool for persons with disabilities, and further That: Council acknowledges the monetary donations from the Ridgeway Lions Club and Page 13 of 31 Regular Council - 30 May 2022 Meeting Minutes the Fort Erie Lions Club, of $1,250 each, to assist with the cost of the pool lift and the in- kind donation by the Boys and Girls Club of Niagara. (
Moved by Councillor Lubberts, seconded by Councillor Noyes
Carried
That: Council does now rise and reconvene from Closed Session at 10:50 p.m., with report that the matter be postponed to the April 11, 2022, Council-in- Committee Meeting, no action be taken by staff, and the owner be notified that Council is reconsidering the matter. (
Moved by Councillor Dubanow, seconded by Councillor Butler
Carried
That: Council directs the Town Solicitor to prepare a Supplemental Agreement to extend the effective date of the Town's right to a re-conveyance of the property known as 4152 Erie Road, Crystal Beach in accordance with the terms and conditions agreed to by the Town and the owner of said property. (
Moved by Councillor McDermott, seconded by Councillor Dubanow
Carried
That: Report No. PDS-34-2022 is postponed to the July 18, 2022 Council meeting in order for staff to provide a Supplemental Report clarifying the following: Lagoon capacity in light of development in Douglastown/Black Creek, sewer outlet and pond, underground storm water management, a third point of access/egress, drainage scheme including underground, and how to ensure community housing needs are met. (
Moved by Councillor Noyes, seconded by Councillor Zanko
Carried
That: Council receives for information purposes Report No. PDS-35-2022 regarding a proposed Combined Official Plan and Zoning By-law Amendment for 124 Windmill Point Road South. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
That: Council approves the amendment to the Town's Zoning By-law No. 129-90 as detailed in Appendix "3" of Report No. PDS-36-2022 for the lands known as 3285 Thunder Bay Road, and further That: Council approves the Westwind Shores Draft Plan of Subdivision dated January 5, 2022, showing 41 lots for single detached dwellings, 2 blocks of parkland, 1 block for shoreline protection area, 1 block for environmental protection area and 2 blocks for road widenings, as attached as Appendix “2” of Report No. PDS-36-2022, 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 “4” of Report No. PDS-36-2022, and further That: Council directs staff to circulate the Conditions of Draft Plan Approval in Appendix “4” of Report No. PDS-36-2022 to the applicable agencies in accordance with the requirements of the Planning Act, and further Council authorizes the entry into an Agreement to amend the Memorandum of Understanding with Page 16 of 31 Regular Council - 30 May 2022 Meeting Minutes Westwind Niagara Developments Inc. for 3285 Thunder Bay Road authorized by By-law No. 71-2021, as amended by authority of Bylaw 123-2021, to replace Appendix "A" to the Memorandum of Understanding with Appendix “5” to Report No. PDS-36-2022, and further That: Council directs staff to prepare the necessary by- laws. (
Moved by Councillor McDermott, seconded by Councillor Dubanow
Carried
That: Council appoints Mason A. Smith to the Mayor's Youth Advisory Committee for the period ending November 14, 2022. (
Moved by Councillor McDermott, seconded by Councillor Dubanow
Carried
That: Council appoints Karen Dobson to the Crystal Beach Beautification Committee for the period ending November 14, 2022. (
Moved by Councillor Zanko, seconded by Councillor Butler
Carried
That: Council appoints Joan M. Christensen and Lida Greenaway to the Senior Citizens Advisory Committee, as Beachcombers Representatives, for the period ending November 14, 2022. (
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: Council accepts the resignation of Oliver Carthew from the Fort Erie Active Transportation Advisory Committee, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law. (
Moved by Councillor Zanko, seconded by Councillor Butler
Carried
That: The appointment of a member of Council to the Lincoln County Humane Society Board of Directors be postponed to the June 27, 2022 Council meeting, or sooner if possible. (
Moved by Councillor Dubanow, seconded by Councillor Noyes
Carried
That: Council alters the June 2022 Meeting Schedule as follows, to accommodate scheduling of Public Meetings: June 13 - Council-in-Committee June 20 - Council-in-Committee June 27 - Regular Council (
Moved by Councillor McDermott, seconded by Councillor Dubanow
Carried
That: The hour of adjournment be extended to 10:45 p.m. (
Moved by Councillor Butler, seconded by Councillor Dubanow
Carried
That: Council appoints Kim Vandervoet and Caroline Zampieri- Arce to the Ridgeway Business Improvement Area Board of Management, for the period ending November 14, 2022. (
Moved by Councillor Butler, seconded by Councillor McDermott
Carried
That: Council accepts the resignation of Stephen Passero 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. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
Whereas the Federal Government proposed a tax on vacant non-resident foreign owned properties in the 2021 budget, and Whereas the intent of this tax is to reduce speculation in the real estate market which is believed to contribute to housing unaffordability in Canada, and Whereas Fort Erie and other vacation destinations across Ontario have a high number of non-resident American-owned vacation properties that are vacant during the tourism off-season during the winter months, and Whereas the Federal Government signaled their intent to exempt non-resident foreign owned vacation properties in Canada so long as they meet certain requirements including being located in a Census Agglomeration with a population of less than 30,000 people, and Page 21 of 31 Regular Council - 30 May 2022 Meeting Minutes Whereas Fort Erie and numerous other seasonal vacation destinations across Southern Ontario are in Census Metropolitan Areas and Census Agglomerations with populations well in excess of 30,000 people despite the communities themselves being small and medium-sized municipalities, and Whereas Fort Erie and other communities across Ontario have a long history of being a vacation destination for American visitors, many of which have owned the same property for generations, and would be taxed yearly on their assessed value of their vacation property based on this proposal, and Whereas vacant property taxes would be allocated to the general revenues of the federal government and not directl
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
Page 22 of 31 Regular Council - 30 May 2022 Meeting Minutes Whereas Canada’s housing market has not only made it difficult for many Canadians to afford to purchase a home but also to rent apartments, and Whereas there is a disconnect between affordability of housing and apartment rentals versus wages that have not kept pace with them nor has it kept pace with inflation, cost of living expenses, the rising costs of goods & services including – food, gas and utility, and Whereas Ontario has now become the least affordable jurisdiction suffering the worst erosion in the last 50 years, and Whereas many Canadians continue to be locked out of the housing & rental market for many reasons including the affordability of a down payment, rising inflation rates, and the escalation of bidding wars, and Whereas bidding wars do not stop at home purchases but have now transitioned to apartment rentals as a ripple effect of the real estate market, and Whereas there is a profound psychological effect to those individuals who continue to be shut out of the housing and rental market as a direct result, and Whereas both blind bids and open bids are bad for the housing and apartment market which can lead to a housing bubble, and while blind bids offer no transparency, both types create unrealistic values that helps the seller and the rental owner but hurts the purchaser and renter, and Whereas there are multiple sites that encourage and teach how to win at bidding wars, and Whereas there is no com
Moved by Councillor Butler, seconded by Councillor Zanko
Carried
That: The hour of adjournment be extended to 11:00 p.m. (
Moved by Councillor Butler, seconded by Councillor Dubanow
Carried
By-law No. 61-2022 was removed and dealt with separately due to Councillor Dubanow’s declared pecuniary interest. Page 27 of 31 Regular Council - 30 May 2022 Meeting Minutes That: The by-law package containing: 52-2022 To Authorize the Sale of Lots 585, 586 & 587 Plan 480 (0 Richmond Avenue) and Lots 481-484, 583 & 584, Plan 480 (0 Bidwell Parkway) to Grant Vaillancourt & Sarah Vaillancourt 53-2022 To Authorize the Sale of Lots 479 & 480, Plan 480 (0 Bidwell Parkway) to Kelly Mancuso & Steven Doucet 54-2022 To Appoint Troy Davidson as Drainage Superintendent for The Corporation of the Town of Fort Erie (and Repeal By-law No. 87-2014) 55-2022 To Authorize the Entry into a Memorandum of Understanding with Pathstone Mental Health for Continued Walk-In Clinic Services for Mental Health for Youth in Fort Erie 56-2022 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. 59 - 1107 Garrison Road - 1107 Garrison Road GP lnc. (Mohammad. Y. Alhadi) - Owner - Sullivan Planning Services (Michael Sullivan) - Agent 57-2022 To Amend Zoning By-law No. 129-90, as amended - 1107 Garrison Road - 1107 Garrison Road GP lnc. (Mohammad. Y. Alhadi) - Owner - Sullivan Planning Services (Michael Sullivan) - Agent 58-2022 To Exempt a Certain Lot in Plan 59M-483 from Part Lot Control, Lot 42 (Mitchell Crescent) - Blackcreek Signature Subdivision - Rinaldi Homes (Niagara) Inc. 59-2022 To Deem Part of a Certain Registered Plan of Subd
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
That: By-laws: Page 28 of 31 Regular Council - 30 May 2022 Meeting Minutes 52-2022 53-2022 54-2022 55-2022 56-2022 57-2022 58-2022 59-2022 60-2022 62-2022 are given third and final reading to be signed by the Mayor and Clerk under the corporate seal. (
Moved by Councillor Noyes, seconded by Councillor Zanko
Carried
That: By-law No. 61-2022 To Appoint the Lincoln County Humane Society as the Poundkeeper for the Town of Fort Erie and to Appoint Lincoln County Humane Society Officers as Municipal Law Enforcement Officers (and Repeal By-law No. 106-12) is given first and second reading. Councillor Lubberts requested a recorded vote, the results of which are as follows: Yes No Councillor McDermott Councillor Lubberts Councillor Zanko Councillor Butler Councillor Noyes Mayor Redekop (
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
That: By-law No. 61-2022 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal. Councillor Lubberts requested a recorded vote, the results of which are as follows: Page 29 of 31 Regular Council - 30 May 2022 Meeting Minutes Yes No Councillor McDermott Councillor Lubberts Councillor Zanko Councillor Butler Councillor Noyes Mayor Redekop (
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
That: By-law No. 63-2022: To Confirm the Actions of Council at its Council-in-Committee Meeting Held on May 9, 2022, Special Council and Council-in-Committee Meetings Held on May 11, 2022, Council-in- Committee Meeting Held on May 16, 2022, and Council Meeting Held on May 30, 2022 is given first and second reading. (
Moved by Councillor McDermott, seconded by Councillor Dubanow
Carried
That: By-law No. 63-2022 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal. (
Moved by Councillor Lubberts, seconded by Councillor McDermott
Carried
That: Council adjourns at 10:58 p.m. to reconvene into a Regular Meeting of Council on June 27, 2022. (
Moved by Councillor Dubanow, seconded by Councillor McDermott
Carried
Councillor Dubanow as Resolution No. 10C): “That: Council reconsider the decision made by Council on February 28, 2022 to deny an extension of the time for the owner of 4125 Erie Road.” Council held a Closed Session Meeting and rose with Report as follows: Resolution No. 10F Moved by: Councillor Dubanow Seconded by: Councillor Butler That: Council does now rise and reconvene from Closed Session at 10:50 p.m., with report that the matter be postponed to the April 11, 2022, Council-in- Committee Meeting, no action be taken by staff, and the owner be notified that Council is reconsidering the matter. (
Moved by Councillor McDermott
Carried

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