The Fort Erie Record

Regular Council

July 24, 2023

Who was there

Present (6): Joan Christensen, Nick Dubanow, Darren Flagg, George McDermott, Ann-Marie Noyes, Wayne Redekop

Absent (1): Tom Lewis

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 Noyeswith Item 18
Mayor Redekopwith Item 11.3.2 as the minutes include bingo allocation to the Ridgeway Lions Club, of which he is a member

What was decided (31 motions)

28 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

That: The Developer finances peer review of the functional services report.
Moved by Councillor Christensen, seconded by Councillor Dubanow
Carried
That: Council receives Report PDS-51-2023, as amended, for information purposes regarding a proposed Draft Plan of Subdivision, Draft Plan of Common Elements Condominium and Zoning By-law Amendment for 3303 Dominion Road.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
McDermott That: Council approves the consent agenda as recommended, as amended, save and except Item 11.3.2
Moved by Councillor Flagg
Carried
McDermott That: Council receive Community Gaming and Development Corporation minutes from the June 29, 2022 Annual General Meeting and May 21, 2023 Meeting.
Moved by Councillor Flagg
Carried
That: Section 6.2 of Appendix "1" to Report CAO-14-2023 is amended to include the words "affordable housing."
Moved by Councillor Dubanow, seconded by Councillor Christensen
Carried
McDermott That: Council accepts the resignation of Jerry McCutcheon from the Fort Erie Public Library Board, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.
Moved by Councillor Christensen
Carried
That: Council appoints Councillor Christensen to the Fort Erie Public Library Board for the term ending November 14, 2026.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
That: Council receives the memorandum regarding Update on By-law 60-04, Regulate, Destruction, Injury or Harvesting of Trees for information purposes.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
McDermott That: Council does now go into Closed Session at 8:12 p.m. to consider Item 14.1 Property Standards Committee appointment.
Moved by Councillor Flagg
Carried
the Town of Fort Erie Fence By-law regulates fence height along Lake Erie and proximity to the waters edge to any body of water but does not regulate fence height along other bodies of water, such as creeks; and Whereas residents have expressed concern about the height of fences along bodies of water other than Lake Erie; and Now, therefore, be it resolved, That: Council directs staff to review the Fence By-law regarding fence height along bodies of water other than Lake Erie and proximity to the waters edge to any body of water and submit a recommendation report at a future Council meeting.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
McDermott Whereas global technology platforms such as Airbnb or VRBO were created to improve global access to rental opportunities, particularly those available for vacation or shorter-term business purposes, and Whereas the impact of these “disruptive technologies” on rental markets has raised the following concerns in the past decade: Concentration of ownership and proliferation of landlord corporations with minimal interest in or accountability to local communities Removal of housing stock from long-term rental markets with resulting increases in rents Lack of control over occupancy (e.g. families vs large groups of partygoers) Incidence of nuisance infractions (noise, garbage, parking), and Whereas any reduction in the availability of long-term housing stock runs counter to the Province of Ontario’s goal of 1.5 million additional homes in the next 10 years, and Whereas growth in short-term rental markets may also have a negative impact on housing affordability for the seasonal workers who service tourist destinations or farming communities, and Whereas implementing local/municipal restrictions through municipal law enforcement tools (licensing) and municipal planning tools (zoning by-law restrictions) may push demand to other communities, and Whereas some platforms (e.g. Airbnb) are already working toward providing notice to owners about municipal regulations and licensing through a license number field, and Whereas some jurisdictions (e.g. Quebec, Scotland) have acknowle
Moved by Councillor Christensen
Lost
McDermott That: The by-law package containing: 111-2023: To Authorize the Execution of a Second Amending Subdivision Agreement With 2835033 Ontario Inc. (Mitchell Williams) (Alliston Woods Subdivision – Phase 1) 112-2023 : To Adopt a Municipal Parking Lot Use and Maintenance Policy 113-2023: To Authorize the Entry into an Encroachment Agreement with Morgan Boenke, Bridgeburg Books – Owner 16 Jarvis Street 115-2023 To Authorize the Renewal of a Licence Agreement with The Niagara Parks Commission - Riverwalk 116-2023: To Amend Zoning By-law 129-90, as amended, 272 Ridge Road South – Wendy McGaeghan and Patrick McGaeghan – Owners 117-2023: To Amend Zoning By-law 129-90, as amended, 0-1215 Lavinia Street, Venanzio Pingue – Owner 118-2023: To Amend Zoning By-law 129-90, as amended, 1169 Pettit Road, Crystal Ridge Homes - Owner 119-2023 : 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. 74, 1169 Pettit Road, Crystal Ridge Homes – Owner 120-2023: To Re-appoint Jordan Hamilton, Now Jordan Clarke, as Building Inspector for The Corporation of the Town of Fort Erie and Repeal By-law 82-2021 121-2023: To Enact an Amendment to the Official Plan Adopted by By-law 150-06 for The Town of Fort Erie Planning Area, Amendment 73, Town-Wide, Town of Fort Erie (Applicant) 123-2023: To Appoint Shaela Frado as a Municipal Law Enforcement Officer and Repeal By-law 109-2023 is given first and second reading.
Moved by Councillor Flagg
Carried
That: The second recital of By-law 113-2023 be amended to indicate that the waiver of fees for the encroachment agreement is conditional on the awning being repaired.
Moved by Councillor Dubanow, seconded by Councillor Christensen
Carried
That: By-laws: 111-2023 112-2023 113-2023 115-2023 116-2023 117-2023 118-2023 119-2023 120-2023 121-2023 123-2023 are given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
McDermott That: By-law 114-2023: To Require Pre-consultation for Certain Planning Act Applications in the Town of Fort Erie Planning Area and to Repeal By-law 63-09 and By-law 122-2023: To Amend Fees and Charges By-law 40-09, as amended (Pre-Consultation Fees) are given first and second reading.
Moved by Councillor Flagg
Carried
That: By-law 114-2023 and By-law 122-2023 are given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
McDermott That: By-law 124-2023: To Confirm the Actions of Council at its Council-in-Committee Meeting Held on July 10, 2023 and its Regular Council Meeting Held on July 24, 2023 is given first and second reading.
Moved by Councillor Christensen
Carried
That: Council adjourns at 8:51 p.m. to reconvene into a Regular Meeting of Council on August 28, 2023.
Moved by Councillor Dubanow, seconded by Councillor Noyes
Carried
Regular Council Meeting Minutes - July 24, 2023 4 That: Council approves the consent agenda as recommended, as amended, save and except Item 11.3.2
Moved by Councillor Flagg, seconded by Councillor McDermott
Carried
That: Council receive Community Gaming and Development Corporation minutes from the June 29, 2022 Annual General Meeting and May 21, 2023 Meeting.
Moved by Councillor Flagg, seconded by Councillor McDermott
Carried
That: Council accepts the resignation of Jerry McCutcheon from the Fort Erie Public Library Board, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.
Moved by Councillor Christensen, seconded by Councillor McDermott
Carried
That: Council accepts the resignation of Councillor Nick Dubanow from the Fort Erie Public Library Board, and further That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.
Moved by Councillor McDermott, seconded by Councillor Flagg
Carried
That: Council does now go into Closed Session at 8:12 p.m. to consider Item 14.1 Property Standards Committee appointment.
Moved by Councillor Flagg, seconded by Councillor McDermott
Carried
That: Council does now rise and reconvene from Closed Session at 8:31 p.m. with report that appointment to the Property Standards Committee be
Moved by Councillor McDermott, seconded by Councillor Flagg
Deferred
Whereas the Town of Fort Erie Fence By-law regulates fence height along Lake Erie and proximity to the waters edge to any body of water but does not regulate fence height along other bodies of water, such as creeks; and Whereas residents have expressed concern about the height of fences along bodies of water other than Lake Erie; and Now, therefore, be it resolved, That: Council directs staff to review the Fence By-law regarding fence height along bodies of water other than Lake Erie and proximity to the waters edge to any body of water and submit a recommendation report at a future Council meeting.
Moved by Councillor Noyes, seconded by Councillor Dubanow
Carried
Whereas global technology platforms such as Airbnb or VRBO were created to improve global access to rental opportunities, particularly those available for vacation or shorter-term business purposes, and Whereas the impact of these “disruptive technologies” on rental markets has raised the following concerns in the past decade: Regular Council Meeting Minutes - July 24, 2023 10  Concentration of ownership and proliferation of landlord corporations with minimal interest in or accountability to local communities  Removal of housing stock from long-term rental markets with resulting increases in rents  Lack of control over occupancy (e.g. families vs large groups of partygoers)  Incidence of nuisance infractions (noise, garbage, parking), and Whereas any reduction in the availability of long-term housing stock runs counter to the Province of Ontario’s goal of 1.5 million additional homes in the next 10 years, and Whereas growth in short-term rental markets may also have a negative impact on housing affordability for the seasonal workers who service tourist destinations or farming communities, and Whereas implementing local/municipal restrictions through municipal law enforcement tools (licensing) and municipal planning tools (zoning by-law restrictions) may push demand to other communities, and Whereas some platforms (e.g. Airbnb) are already working toward providing notice to owners about municipal regulations and licensing through a license number field, and Whereas some ju
Moved by Councillor Christensen, seconded by Councillor McDermott
Lost
That: The by-law package containing: 111-2023: To Authorize the Execution of a Second Amending Subdivision Agreement With 2835033 Ontario Inc. (Mitchell Williams) (Alliston Woods Subdivision – Phase 1) 112-2023: To Adopt a Municipal Parking Lot Use and Maintenance Policy 113-2023: To Authorize the Entry into an Encroachment Agreement with Morgan Boenke, Bridgeburg Books – Owner 16 Jarvis Street 115-2023 To Authorize the Renewal of a Licence Agreement with The Niagara Parks Commission - Riverwalk 116-2023: To Amend Zoning By-law 129-90, as amended, 272 Ridge Road South – Wendy McGaeghan and Patrick McGaeghan – Owners 117-2023: To Amend Zoning By-law 129-90, as amended, 0-1215 Lavinia Street, Venanzio Pingue – Owner Regular Council Meeting Minutes - July 24, 2023 12 118-2023: To Amend Zoning By-law 129-90, as amended, 1169 Pettit Road, Crystal Ridge Homes - Owner 119-2023: 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. 74, 1169 Pettit Road, Crystal Ridge Homes – Owner 120-2023: To Re-appoint Jordan Hamilton, Now Jordan Clarke, as Building Inspector for The Corporation of the Town of Fort Erie and Repeal By-law 82- 2021 121-2023: To Enact an Amendment to the Official Plan Adopted by By-law 150- 06 for The Town of Fort Erie Planning Area, Amendment 73, Town-Wide, Town of Fort Erie (Applicant) 123-2023: To Appoint Shaela Frado as a Municipal Law Enforcement Officer and Repeal By-law 109-2023 is given
Moved by Councillor Flagg, seconded by Councillor McDermott
Carried
That: By-laws: 111-2023 112-2023 113-2023 115-2023 116-2023 117-2023 118-2023 119-2023 Regular Council Meeting Minutes - July 24, 2023 13 120-2023 121-2023 123-2023 are given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: By-law 114-2023: To Require Pre-consultation for Certain Planning Act Applications in the Town of Fort Erie Planning Area and to Repeal By-law 63-09 and By-law 122-2023: To Amend Fees and Charges By-law 40-09, as amended (Pre-Consultation Fees) are given first and second reading.
Moved by Councillor Flagg, seconded by Councillor McDermott
Carried
That: By-law 124-2023: To Confirm the Actions of Council at its Council-in- Committee Meeting Held on July 10, 2023 and its Regular Council Meeting Held on July 24, 2023 is given first and second reading.
Moved by Councillor Christensen, seconded by Councillor McDermott
Carried
That: By-law 124-2023 is given third and final reading to be signed by the Mayor and the Clerk under the corporate seal.
Moved by Councillor McDermott, seconded by Councillor Flagg
Carried

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