The Municipal Corporation of the Town of Fort Erie

Regular Council Meeting Minutes

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Council Chambers

Mayor Redekop called the meeting to order at 6:12 pm.

Mayor Redekop provided a land acknowledgment.

The Clerk read the Invocation.

Present: His Worship Mayor Redekop and Councillors Christensen, Dubanow, Flagg, Lewis, McDermott and Noyes

Staff: K. Beauchamp, A. Carter, A. Herlovitch, J. Janzen, D. Jubb, L. McManus, C. McQueen, C. Patton, and K. Walsh

Also Present: Regional Councillor Insinna

There were no Addendums.

Mayor Redekop made the following announcements: 

Niagara Health Coalition Rally at the Fort Erie Urgent Care Centre

On June 28th, from 10:00 a.m. until noon, a rally will be hosted at the Fort Erie Douglas Memorial Hospital in support of maintaining the full hours of operation of the Urgent Care Centre. Mayor Redekop, several Councillors, MPP Wayne Gates, and members of the Indigenous Community plan to attend.

Canada Day

Mayor Redekop wished everyone a Happy Canada Day weekend.

Acquisition of Riparian Lands

Council is considering a by-law regarding acquiring conservation lands. Fred Costabile generously donates land between Lakeshore Road and Waverly Beach Park for conservation purposes. The Town acknowledges the significance of this land regarding its history and graciously accepts the donation. The Mayor and Council thanked Fred Costabile for his contribution.  

Councillor Christensen declared a pecuniary interest regarding Item 12.1 Report PDS-48-2023, as she resides within the notice area and abstained from discussing or voting on the matter.

All visual and oral presentations can be viewed as recorded at: https://pub-forterie.escribemeetings.com/

Re: 0-1215 Lavinia Street - Owner: Venanzio Pingue - Agent: Aimee Powell (Powell Planning & Associates)

Mayor Redekop announced that this portion of the meeting would be devoted to holding the Public Meeting. 

Mayor Redekop also provided information on electronic participation for members of the public who wished to provide input relative to the Report.

Samantha Yeung confirmed the statutory requirements for the Public Meeting were met and summarized the Report and public comments received.

Aimee Powell, Agent, Powell Planning and Associates, provided a PowerPoint Presentation summarizing the application.

Venanzio Pingue, Owner, was present virtually to respond to questions.

No one wished to speak in favour of the application. 

Sadra Maryam, 46 Lavinia Street, spoke in opposition to the application.

Mayor Redekop declared the Public Meeting closed. 

Proposed Zoning By-law Amendment - 0-1215 Lavinia Street - Owner - Venanzio Pingue - Agent - Aimee Powell (Powell Planning and Associates)

  • Resolution No.1
    Moved by:Councillor Dubanow
    Seconded by:Councillor Flagg

    That: Council approves the amendment to the Town’s Zoning By-law No. 129-90 as detailed in Report No. PDS-46-2023 for the lands known as 0-1215 Lavinia Street, and further

    That: Council directs Staff to submit the necessary By-law.

  • Resolution No.1A
    Moved by:Councillor Flagg

    That: The dwelling be moved to the south by 6 metres to accommodate two vehicles in the driveway and one in the garage.

    Withdrawn
  • Resolution No.1B
    Moved by:Councillor Flagg
    Seconded by:Councillor Dubanow

    That: Report PDS-46-2023 be deferred to the July 10, 2023 Council-in-Committee Meeting to accommodate council concerns regarding parking. 

    Carried

Location: 1169 Pettit Road - Owner: Jeff Davis (Crystal Ridge Homes) - Agent: Susan Smyth (Quartek Group Inc.)

Mayor Redekop announced that this portion of the meeting would be devoted to holding the Public Meeting. 

Samantha Yeung confirmed the statutory requirements for the Public Meeting were met and summarized the Report and public comments received.

Susan Smyth, Agent, Quartek Group Inc., provided a PowerPoint Presentation summarizing the application. 

No one in the audience wished to speak in favour of the application.

Italia Reeves, 1178 Pettit Road, spoke in opposition to the application.

Mayor Redekop declared the Public Meeting closed. 

Proposed Combined Official Plan and Zoning By-law Amendment - 1169 Pettit Road - Owner - Crystal Ridge Homes (Jeff Davis) - Agent - Susan Smyth (Quartek Group Inc.)

  • Resolution No.2
    Moved by:Councillor Christensen
    Seconded by:Councillor Lewis

    That: Council approves the amendments to the Town’s Official Plan and Zoning Bylaw No. 129-90 as detailed in Report No. PDS-47-2023 for the lands known as 1169 Pettit Road, and further

    That: Council directs Staff to submit the necessary By-laws.

    Carried

    Council recessed for 8 minutes and returned at 8:50 pm.


Regional Councillor Insinna gave the following report: 

New Child Care Spaces

The Ministry of Education has allocated 4000 new childcare spaces for the Region. Fort Erie will receive more spaces in Stevensville and Crescent Park. The program is still underfunded, and the Region is seeking more funds.

Niagara EMS Dispatchers

Niagara EMS was given funding to provide for three more dispatchers, which will assist in addressing staffing concerns.

Transitional Housing Project

Niagara Regional Housing has a new project for transitional housing in Crescent Park that will assist women and children fleeing violence and provide a safe space to find support. Regional Councillor Insinna thanked Mayor and Council for their assistance in meeting zoning requirements.

All visual and oral presentations can be viewed as recorded at: https://pub-forterie.escribemeetings.com/

Re: New Hospice Build in Fort Erie

Carol Nagy, Executive Director, Hospice Niagara, provided a PowerPoint Presentation, which can be found on the Town's website. 

Re: Transit Ridership Options for Town Hall Events (Via Zoom)

Jessica Durzi, a resident of Crystal Beach, attended via Zoom and provided a PowerPoint Presentation, which can be found on the Town's website. 

Re:  Implementation and Effect of Bill 23, More Homes, Built Faster Acton Local Municipalities and Reduction in Services at the Fort Erie Urgent Care

Wayne Gates, MPP and Owen Bjorgan, Environmental Activist and Conservationist, provided a PowerPoint Presentation, which can be found on the Town's website.

  • Moved by:Councillor Lewis
    Seconded by:Councillor Christensen

    That: The time limit for the delegation be extended by 3 minutes.

    Carried
  • Resolution No.3
    Moved by:Councillor Flagg
    Seconded by:Councillor Dubanow

    That: Council approves the consent agenda as recommended 

    Carried

11.4

 

Alliston Woods Phase 1 - Second Amending Subdivision Agreement - East of Spears Road, North of Garrison Road - 2835033 Ontario Inc. (Mitch Williams)


That: Council authorizes the entry into a Second Amending Subdivision Agreement with 2835033 Ontario Inc. for the Alliston Woods Phase 1 subdivision, and further


That: Council directs staff to submit a by-law to execute the Second Amending Subdivision Agreement and associated documents.

12.

 

Proposed Draft Plan of Condominium and Zoning By-law Amendment - Canadian Condominium - 272 Ridge Road South - Wendy McGaeghan and Patrick McGaeghan - Owners - Culture Developments Inc. / 5038257 Ontario Inc. (Craig Devries) - Agent

  • Councillor Christensen declared a conflict on this item. (Councillor Christensen declared a pecuniary interest regarding Item 12.1 Report PDS-48-2023, as she resides within the notice area and abstained from discussing or voting on the matter.)
  • Resolution No.4A
    Moved by:Councillor Lewis
    Seconded by:Councillor Dubanow

    That: Condition 26 be added to Appendix "3" that Short-Term Rentals are not permitted in this subdivision.

    Carried
  • Resolution No.4B
    Moved by:Councillor Lewis
    Seconded by:Councillor Noyes

    That: Condition 27 be added to Appendix "3" that roof-top patios are not permitted in the subdivision.

    Carried
  • Resolution No.4
    Moved by:Councillor Dubanow
    Seconded by:Councillor Flagg

    That: Council approves the amendment to the Town's Zoning By-law No. 129-90 as detailed in Report No. PDS-48-2023, as amended, for the lands known as 272 Ridge Road South, and further

    That: Council approves the Canadiana Draft Plan of Vacant Land Condominium dated May 13, 2022, showing 3 blocks for a total of 18 block townhouse dwellings as Appendix “2” of Report No. PDS-48-2023, 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” of Report No. PDS-48-2023, as amended, and further

    That: Council directs staff to circulate the Conditions of Draft Plan Approval in Appendix “3” of Report No. PDS-48-2023, as amended, to the applicable agencies in accordance with the requirements of the Planning Act, and further

    That: Council directs Staff to submit the necessary by-law.

    Carried

Amendment to Comprehensive Zoning By-law No. 129-90 - Bill 23 Housekeeping Amendment Initiation Report

  • Resolution No.5
    Moved by:Councillor Christensen
    Seconded by:Councillor McDermott

    That: Council directs staff to initiate house keeping amendments to the Town’s Comprehensive Zoning By-law No.129-90 in accordance with the Planning Act, as outlined in Report No. PDS-49-2023.

    Carried
  • Resolution No.6
    Moved by:Councillor Christensen
    Seconded by:Councillor McDermott

    That: Council accepts the resignation of Dr. Kathleen Bailey from the Ridgeway Business Improvement Area Board of Management, and further

    That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.

    Carried
  • Resolution No.7
    Moved by:Councillor McDermott
    Seconded by:Councillor Christensen

    That: Council accepts the resignation of Tricia-Lynn Pascia from the Property Standards Committee, and further

    That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.

    Carried
  • Resolution No.8
    Moved by:Councillor Lewis
    Seconded by:Councillor Christensen

    That: Council accepts the resignation of Carolyn Smith from the Crystal Beach Business Improvement Area Board of Management, and further

    That: Council directs staff to proceed with filling the vacancy in accordance with the Procedural By-law.

    Carried
  • Resolution No.9
    Moved by:Councillor Noyes
    Seconded by:Councillor Dubanow

    That: Council accepts the resignation of Linda Hodge 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.

    Carried
  • Moved by:Councillor Flagg
    Seconded by:Councillor Christensen

    That: Council receives Memorandum - Keegan Gennings, Chief Building Official - Radon Mitigation Requirements for New Constructions, for information purposes.

    Carried

14.

 

Re: Residential Fence Height on Waterfront Properties


(To be Deferred to July 24, 2023)

Re: Request the Province to Explore Introducing Controls on Airbnb, VRBO and Others Which Affect Municipal Rentals


(To be Deferred to July 24, 2023)

Re: Prohibiting Short-Term Rentals in New Subdivisions


(To be Deferred to July 24, 2023)

Re: Impact on Woodbine's Race and Stay Program on the Fort Erie Race Track

  • Councillor Flagg requested a friendly amendment that the resolution be circulated to the race tracks that host standard bred races and the municipalites that those race tracks reside in, including: Clinton Raceway and the Municipality of Central Huron, Dresden Raceway and the Municipality of Chatham-Kent, Flamboro Downs and the Municipality of Hamilton, Georgian Downs and the Municipality of Barrie, Grand River Raceway and the Municipality of Centre Wellington, Hanover Raceway and the Municipality of Hanover, Hiawatha Horse Park and the Municipality of Sarnia, Kawartha Downs and the Municipality of Cavan Monaghen, Leamington Raceway and the Municipality of Leamington, The Raceway at Western Fair and the Municipality of London, and Rideau Carleton Raceway and the Municipality of Ottawa. 

    Councillor Dubanow and Councillor McDermott were agreeable.

    Resolution No.10
    Moved by:Councillor Dubanow
    Seconded by:Councillor McDermott

    Whereas the Fort Erie Race Track is one of only two thoroughbred horse racing facilities in the Province of Ontario, having been established in 1897 and operating continuously since then; and

    Whereas in recent years, the Fort Erie Race Track has been the primary host facility for the "B" circuit of thoroughbred racing, while the Woodbine track in Toronto has been the primary facility for "A" circuit thoroughbred racing; and

    Whereas both race tracks host "jewel" races in Ontario Triple Crown of Horse Racing; and

    Whereas the Ontario Racing Commission, an agency created by the Government of Ontario, regulates horse racing; and

    Whereas the provincial government has strategies and policies in place to develop and encourage the horse racing industry in Ontario, including funding and incentive programs to grow and expand the industry in the province; and

    Whereas the Fort Erie and Woodbine Race Tracks are both beneficiaries of these programs; and

    Whereas Woodbine Entertainment, the owners of the Woodbine track, adopted a stall policy in May 2017, referred to as "Race and Stay," that prevents horses from stabling at Woodbine if they leave to race at another track more than once, except for races with a purse of more than $20,000; and

    Whereas The Municipal Council of the Town of Fort Erie passed a resolution on May 15, 2017, requesting that the Ontario Racing Commission immediately prohibit Woodbine Entertainment from implementing the Race and Stay program and limitations on the movement of horses between Woodbine and the Fort Erie Race Track; and

    Whereas the Mayor and members of Fort Erie Council met with the Minister of Economic Development and Growth at the 2017 Association of Municipalities of Ontario conference to discuss the negative impacts of the Woodbine Race and Stay stall program on the Fort Erie Race Track; and

    Whereas the Mayor and members of Fort Erie Council met virtually with officials with the Minister of Finance during the 2020 Association of Municipalities of Ontario conference to again discuss the Woodbine Race and Stay stall policy and the negative impacts it has on the Fort Erie Race track; and

    Whereas the Mayor and members of Fort Erie Council met with the Parliamentary Assistant to the Minister of Finance at the 2022 Association of Municipalities of Ontario conference to again discuss Woodbine's Race and Stay program and the negative impacts it continues to have on the Fort Erie Race Track; and

    Whereas representatives of the Fort Erie Live Racing Consortium have launched a challenge with the Competition Bureau to determine whether Woodbine Entertainment's actions constitute an attempt to create an illegal monopoly; and

    Whereas Woodbine's Race and Stay policy continues to remain in effect through the 2023 racing season; and

    Whereas Woodbine's Race and Stay policy continues to have a devastating impact on the ability of the Fort Erie Race Track to operate successfully and grow Ontario horse racing under provincial objectives; and

    Whereas the Fort Erie Race Track is a job creator in Fort Erie and the surrounding region, both directly and indirectly, and has contributed to the local economy as well as the history and culture of the area since 1897;

    Now therefore be it resolved,

    That: The Municipal Council of the Town of Fort Erie again requests that the Alcohol and Gaming Commission of Ontario immediately prohibit Woodbine Entertainment from continuing the Race and Stay stall policy; and further

    That: The Provincial Government put in place a long-term policy to encourage competition and diversification of horse racing in Ontario that would prevent any single race track from using their market position to create an unfair monopoly on horse racing in Ontario, including but not necessarily limited to implementing policies that would prohibit monopolistic policies like Woodbine's Race and Stay; and further

    That: The Alcohol and Gaming Commission of Ontario, Ontario Racing Commission and the Provincial Government recognize the contributions of the Fort Erie Race Track to the growth, history and culture of horse racing in the province of Ontario; and further

    That: Staff deliver a copy of this resolution to Doug Ford, Premier of Ontario, Peter Bethlenfalvy, Ontario Minister of Finance, Lisa Thompson, Minister of Agriculture, Food and Rural Affairs, Marit Styles, Leader of His Majesty's Loyal Opposition in Ontario, John Fraser, Interim Leader of the Ontario Liberal Party, Mike Schreiner, Leader of the Green Party of Ontario, Wayne Gates, MPP for Niagara Falls, Jeff Burch, MPP Niagara Centre, Alcohol and Gaming Commission of Ontario and The Fort Erie Live Racing Consortium, and;

    That: Staff circulate this resolution to the race tracks that host standard bred races and the municipalites that those race tracks reside in, including: Clinton Raceway and the Municipality of Central Huron, Dresden Raceway and the Municipality of Chatham-Kent, Flamboro Downs and the Municipality of Hamilton, Georgian Downs and the Municipality of Barrie, Grand River Raceway and the Municipality of Centre Wellington, Hanover Raceway and the Municipality of Hanover, Hiawatha Horse Park and the Municipality of Sarnia, Kawartha Downs and the Municipality of Cavan Monaghen, Leamington Raceway and the Municipality of Leamington, The Raceway at Western Fair and the Municipality of London, and Rideau Carleton Raceway and the Municipality of Ottawa, and;

    That: Staff circulate this resolution to the Regional Council of Niagara and all local area municipalities within the Regional Municipality of Niagara for their endorsement and support.

    Carried
  • Resolution No.11
    Moved by:Councillor Noyes
    Seconded by:Councillor Dubanow

    That: The by-law package containing:

    100-2023: To Authorize Applications for the Cancellation, Reduction or Refund of Taxes Levied for the Years 2020, 2021, 2022 and 2023 

    101-2023: To Authorize the Execution of a Subdivision Agreement with 800460 Ontario Limited (Fred Costabile) Harbourtown Village Plan of Subdivision

    102-2023: To Amend Zoning By-law No. 129-90, as amended - Removal of Holding Provision - Harbourtown Village Subdivision - 800460 Ontario Limited (Fred Costabile) - Owner 

    103-2023: To Accept and Declare Lands as Public Highway on the West Side of Ridge Road North 533 and 549 Ridge Road North - 1855838 Ontario Inc. and Richard Dekorte 

    104-2023: To Accept and Declare Lands as Public Highway on the West Side of Schooley Road 405 Schooley Road Brock View Cottages Inc. (Bryan Keenan)

    105-2023: To Amend Zoning By-law No. 129-90, as amended - 613 Helena Street - SS Fort Erie Inc. (Hunaun Siddiqui & Mohammad Feroz) - Owner

    106-2023:  To Re-Establish the Affordable Housing Advisory Committee, Adopt Terms of Reference and Repeal By-law 82-2018 

    107-2023: To Authorize the Acceptance of Riparian Land from 5001997 Ontario Inc. 

    is given first and second reading.

    Carried
  • Resolution No.12
    Moved by:Councillor McDermott
    Seconded by:Councillor Christensen

    That: By-laws:

    100-2023

    101-2023

    102-2023

    103-2023

    104-2023

    105-2023

    106-2023

    107-2023

    are given third and final reading to be signed by the Mayor and Clerk under the corporate seal.

    Carried
  • Resolution No.13
    Moved by:Councillor Flagg
    Seconded by:Councillor Dubanow

    That: By-law 108-2023: To Confirm the Actions of Council at its Council-in-Committee Meeting Held on June 12, 2023 and its Special Council and Council Meetings Held on June 26, 2023 is given first and second reading.

    Carried
  • Resolution No.14
    Moved by:Councillor Noyes

    That: By-law 108-2023 is given third and final reading to be signed by the Mayor and the Clerk under the corporate seal.

    Carried

Members of Council announced upcoming Board and Committee meetings from June 27, 2023, to July 5, 2023. 

  • Resolution No.15
    Moved by:Councillor Dubanow
    Seconded by:Councillor Noyes

    That: Council adjourns at 10:06 p.m. to reconvene into a Regular Meeting of Council on July 24, 2023.

    Carried
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