The Fort Erie Record

Regular Council

April 22, 2024

Who was there

Present (6): Joan Christensen, Nick Dubanow, Darren Flagg, Tom Lewis, George McDermott, Wayne Redekop

Absent (1): Ann-Marie Noyes

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 Dubanowon By-laws 39-2024 and 40-2024

What was decided (28 motions)

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

That: Council does now go into Closed Session at 5:06 p.m. to consider the following: 7.1 Closed Meeting Minutes - April 9, 2024 7.2 OLT Appeal of ZBA 01-2024 and OPA 02-2024 (Short Term Rentals) and Licencing Update Pursuant to Section 239 (2) (f) of the Municipal Act, 2001, advise that is subject to solicitor-client privilege, including communications necessary for that purpose. 7.3 Human Resources - Pay Band - Pay Equity Review Pursuant to Section 239 (2) (d) of the Municipal Act, 2001, labour relations or employee negotiations 7.4 Fort Erie Public Library Board Staffing Update and 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 7.5 Committee of Adjustment Appointment Pursuant to Section 239 (2) (b) of the Municipal Act, 2001, personal matters about an identifiable individual, including municipal or local board employees 7.6 Museum and Cultural Heritage Advisory 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 7.7 Ridgeway Business Improvement Area Board of Management - Appointments Pursuant to Section 239 (2) (b) of the Municipal Act, 2001, personal matters about an identifiable individual, including municipal or local board employees
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council does now rise and reconvene from closed session at 6:18 p.m. with report: 7.1 That: Council approves Closed Meeting Minutes - April 9, 2024, and 7.2 That: Council authorizes Legal Counsel and Staff to proceed as directed in Closed Session, and 7.3 That: Confidential Report CAO-05-2024 be received; and Staff to proceed as directed in Closed Session, and That: prior to consideration of the Confirming By-law, Council will reconvene back into closed session to discuss the balance of the closed session items.
Moved by Councillor Lewis, seconded by Councillor Christensen
Carried
McDermott That: Council approves the amendment to the Town’s Consolidated 2021 Official Plan as detailed in Report PDS-18-2024 for the lands known as 3085 Dominion Road, and further That : Council approves the amendment to the Town's Zoning By-law 129-90 as detailed in Report PDS-18-2024 for the lands known as 3085 Dominion Road, and further That : Council directs Staff to submit the necessary by-laws.
Moved by Councillor Christensen
Carried
That: Council directs staff to require the developer construct the sidewalk at the time of construction rather than collecting cash-in-lieu for installation of the sidewalk.
Moved by Councillor Lewis, seconded by Councillor Christensen
Carried
That: Council approves the designation of 304 Ridge Road North as outlined in this report, for architectural, historical and contextual attributes and reasons, under Part IV of the Ontario Heritage Act ; pursuant to the recommendation of the Museum and Cultural Heritage Advisory Committee, and further That: Council directs staff to prepare a Designation By-law and provide Notice of Intention to Designate in accordance with the Ontario Heritage Act .
Moved by Councillor Flagg, seconded by Councillor Dubanow
Carried
That: Council approves the designation of 3555 Yacht Harbour Road as outlined in this report, for architectural, historical, and contextual attributes and reasons, under Part IV of the Ontario Heritage Act ; pursuant to the recommendation of the Museum and Cultural Heritage Advisory Committee, and further That: Council directs staff to prepare a Designation By-law and provide Notice of Intention to Designate in accordance with the Ontario Heritage Act .
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council refers the item to the May 13, 2024 Council-in-Committee meeting for consideration.
Moved by Councillor Dubanow, seconded by Councillor Lewis
Carried
That: Council accepts Report PDS-23-2024 as information, and further That: The Mayor submit formal comments to the Ministry of Municipal Affairs and Housing on the Town’s behalf as outlined in PDS-23-2024, and further That: Council directs staff to forward a copy of this report to the Niagara Region.
Moved by Councillor Flagg, seconded by Councillor Dubanow
Carried
That: Council accepts the resignation of Carole Walpole from the Museum and Cultural Heritage Advisory Committee, and further That: Council directs staff to proceed with filing the vacancies in accordance with the Procedural By-law.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
McDermott That: Council proclaims May 26 - June 1, 2024 as "National AccessAbility Week."
Moved by Councillor Christensen
Carried
in the past the Town of Fort Erie had a Beautification Committee and a Communities in Bloom Committee, each of which was involved in efforts to improve the aesthetics of the community; and Whereas each of those committees no longer exists as stand alone entities, thereby leaving a vacuum in Fort Erie with respect to on-going initiatives to maintain tidiness and address littering in the community; and Wherea s Communities in Bloom engaged residents and businesses alike to take pride in various aspects of the community to make it attractive to residents and visitors alike; and Whereas these committees provided the impetus for a “Don’t Be a Litterbug”, Pumpkin Patch, Sunshine Club, Yellow Fish, Plant a Row Grow and residential and business garden awards programs from time to time; Now therefore be it resolved, That: Council direct staff to prepare a report as soon as practical for Council’s consideration with respect to the following: 1) What actions the Town currently is engaged in to reduce litter and refuse on public property within the Town, including signage, communications and allocation of resources; 2) Resources available to the Town to develop and promote a community program to encourage residents and visitors to keep Fort Erie tidy and clear of litter and refuse; 3) The elements of such a program that would maximize public, corporate and agency engagement; 4) What potential partnerships may be available to facilitate such a program; 5) The elements of a media campaign
Moved by Mayor Redekop, seconded by Councillor Flagg
Carried
That: The By-law Package containing: 41-2024: To Authorize the Execution of a Subdivision Agreement with Ashton Homes (WESTERN) Limited – Aldo Vercillo - Peace Bridge Village Phase 4; 42-2024: To Amend Zoning By-law No. 129-90, as amended - Alliston Woods Subdivision, Phase 1; 43-2024: To Amend Zoning By-law 129-90, as amended - 146 Haun Road and 0-19200 Haun Road; 44-2024: To name 1447 Sharon Drive to High Pointe Park; 45-2024: To Amend By-law 106-2023 to Revise the Affordable Housing Advisory Committee Terms of Reference; 46-2024: To Amend By-law 129-2023 to Revise the Property Standards Committee Terms of Reference (Tree By-law Appeals); 47-2024: To Set the 2024 Tax Rates and to Levy Taxes for the Year 2024; 48-2024: To Authorize the Entry into a Licence Agreement with the Crystal Beach Business Improvement Area Board of Management (Farmer’s Market – 0 Erie Road); are given first and second reading.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: By-laws 41-2024 to 48-2024 inclusive are given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Flagg, seconded by Councillor Dubanow
Carried
That: By-laws: 39-2024: To Enact an Amendment to the Official Plan Adopted by By-law 150-06 for the Town of Fort Erie Planning Area Amendment 80- 409 and 423 Walden Boulevard, Michael Stepien – Owner 40-2024: To Amend Zoning By-law 129-90, as amended - 409 and 423 Walden Boulevard are given first and second reading.
Moved by Councillor Flagg, seconded by Councillor Lewis
Carried
That: By-laws 39-2024 and 40-2024 inclusive are given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor Flagg, seconded by Councillor Lewis
Carried
McDermott That: Council does now rise and reconvene from closed session at 9:16 p.m. with report: 7.4 That : Council authorizes staff to proceed as directed in Closed Session; and 7.5 That: Council appoints Geena Gambin to Committee of Adjustment for the term ending November 14, 2026, or until their successors are appointed; and 7.6 That: That Council defer item 7.6 to the May 27, 2024 Council meeting; and 7.7 That: Council appoints Liane Beachemin, Carmine Mancini, Robynn Palumbo and Chris Shickluna to the Ridgeway Business Improvement Area Board of Management for the term ending November 14, 2026, or until their successors are appointed.
Moved by Councillor Lewis
Carried
McDermott That: By-law 49-2024: To Confirm the Actions of Council at its Council-in-Committee meeting held on April 9, 2024 and its Council meeting held on April 22, 2024, is given first and second reading.
Moved by Councillor Lewis
Carried
That: Council adjourns at 9:20 pm to reconvene into a Regular Meeting of Council on May 27, 2024.
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council does now go into Closed Session at 5:06 p.m. to consider the following: 7.1 Closed Meeting Minutes - April 9, 2024 7.2 OLT Appeal of ZBA 01-2024 and OPA 02-2024 (Short Term Rentals) and Licencing Update Regular Council Meeting Minutes - April 22, 2024 2 Pursuant to Section 239 (2) (f) of the Municipal Act, 2001, advise that is subject to solicitor-client privilege, including communications necessary for that purpose. 7.3 Human Resources - Pay Band - Pay Equity Review Pursuant to Section 239 (2) (d) of the Municipal Act, 2001, labour relations or employee negotiations 7.4 Fort Erie Public Library Board Staffing Update and 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 7.5 Committee of Adjustment Appointment Pursuant to Section 239 (2) (b) of the Municipal Act, 2001, personal matters about an identifiable individual, including municipal or local board employees 7.6 Museum and Cultural Heritage Advisory 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 7.7 Ridgeway Business Improvement Area Board of Management - Appointments Pursuant to Section 239 (2) (b) of the Municipal Act, 2001, personal matters about an identifiable individual, including municipal or local board employees
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council approves the amendment to the Town’s Consolidated 2021 Official Plan as detailed in Report PDS-18-2024 for the lands known as 3085 Dominion Road, and further That: Council approves the amendment to the Town's Zoning By-law 129- 90 as detailed in Report PDS-18-2024 for the lands known as 3085 Dominion Road, and further That: Council directs Staff to submit the necessary by-laws.
Moved by Councillor Christensen, seconded by Councillor McDermott
Carried
That: Council approves the designation of 304 Ridge Road North as outlined in this report, for architectural, historical and contextual attributes and reasons, under Part IV of the Ontario Heritage Act; pursuant to the recommendation of the Museum and Cultural Heritage Advisory Committee, and further That: Council directs staff to prepare a Designation By-law and provide Notice of Intention to Designate in accordance with the Ontario Heritage Act. Regular Council Meeting Minutes - April 22, 2024 9
Moved by Councillor Flagg, seconded by Councillor Dubanow
Carried
That: Council approves the designation of 164 Point Abino Road South as outlined in this report, for architectural, historical and contextual attributes and reasons, under Part IV of the Ontario Heritage Act; pursuant to the recommendation of the Museum and Cultural Heritage Advisory Committee, and further That: Council directs staff to prepare a Designation By-law and provide Notice of Intention to Designate in accordance with the Ontario Heritage Act.
Moved by Councillor McDermott, seconded by Councillor Christensen
Carried
That: Council accepts the resignation of Carole Walpole from the Museum and Cultural Heritage Advisory Committee, and further That: Council directs staff to proceed with filing the vacancies in accordance with the Procedural By-law. Regular Council Meeting Minutes - April 22, 2024 11
Moved by Councillor Dubanow, seconded by Councillor Flagg
Carried
That: Council proclaims May 26 - June 1, 2024 as "National AccessAbility Week."
Moved by Councillor Christensen, seconded by Councillor McDermott
Carried
Whereas in the past the Town of Fort Erie had a Beautification Committee and a Communities in Bloom Committee, each of which was involved in efforts to improve the aesthetics of the community; and Whereas each of those committees no longer exists as stand alone entities, thereby leaving a vacuum in Fort Erie with respect to on-going initiatives to maintain tidiness and address littering in the community; and Whereas Communities in Bloom engaged residents and businesses alike to take pride in various aspects of the community to make it attractive to residents and visitors alike; and Whereas these committees provided the impetus for a “Don’t Be a Litterbug”, Pumpkin Patch, Sunshine Club, Yellow Fish, Plant a Row Grow and residential and business garden awards programs from time to time; Now therefore be it resolved, Regular Council Meeting Minutes - April 22, 2024 12 That: Council direct staff to prepare a report as soon as practical for Council’s consideration with respect to the following: 1) What actions the Town currently is engaged in to reduce litter and refuse on public property within the Town, including signage, communications and allocation of resources; 2) Resources available to the Town to develop and promote a community program to encourage residents and visitors to keep Fort Erie tidy and clear of litter and refuse; 3) The elements of such a program that would maximize public, corporate and agency engagement; 4) What potential partnerships may be available to faci
Moved by Mayor Redekop, seconded by Councillor Flagg
Carried
That: Council does now rise and reconvene from closed session at 9:16 p.m. with report: 7.4 That: Council authorizes staff to proceed as directed in Closed Session; and 7.5 That: Council appoints Geena Gambin to Committee of Adjustment for the term ending November 14, 2026, or until their successors are appointed; and 7.6 That: That Council defer item 7.6 to the May 27, 2024 Council meeting; and 7.7 That: Council appoints Liane Beachemin, Carmine Mancini, Robynn Palumbo and Chris Shickluna to the Ridgeway Business Improvement Area Board of Management for the term ending November 14, 2026, or until their successors are appointed.
Moved by Councillor Lewis, seconded by Councillor McDermott
Carried
That: By-law 49-2024: To Confirm the Actions of Council at its Council-in- Committee meeting held on April 9, 2024 and its Council meeting held on April 22, 2024, is given first and second reading.
Moved by Councillor Lewis, seconded by Councillor McDermott
Carried
Regular Council Meeting Minutes - April 22, 2024 15 That: By-law 49-2024 is given third and final reading to be signed by the Mayor and Clerk under the corporate seal.
Moved by Councillor McDermott, seconded by Councillor Christensen
Carried

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