The Municipal Corporation of the Town of Fort Erie

Transcription

1 The Municipal Corporation of the Town of Fort Erie Regular Council Meeting Minutes Tuesday, March 29, Call to Order The meeting was called to order by Mayor Redekop, Chair, at 6:01 p.m. 2. Invocation The invocation was read by the Clerk. 3. Roll Call Present: Mayor Redekop; Councillors Butler, Knutt, Lubberts, McDermott, Passero and Zanko Also Present: Regional Councillor Annunziata Staff: L. Bubanko, L. Coplen, K. Dolch, J. Janzen, T. Kuchyt and K. Walsh 4. Announcements/Addenda There was one addendum under Consent Agenda Items for Approval - Other Matters being the addition of Notice of Resignation Communities-in-Bloom Committee Sherry Phibbs. There were no announcements. 5. Disclosures of Pecuniary Interest Councillor Knutt disclosed a pecuniary interest with respect to By-law No regarding the Nigh Road Municipal Drain, as he is related to one of the property owners affected. He abstained from discussing and voting on the matter. Councillor Passero disclosed a pecuniary interest with respect to New Business item 11 (a): Community Gaming Development Corporation Approval of Permittee Applications, as he is a Director or member on several of the organizations listed. He abstained from

2 discussing and voting on the matter. Councillor Lubberts disclosed a pecuniary interest with respect to item 8 (b): Delegation, David Kompson, President, Gorham Road Inc. and item (c): Correspondence, Gorham Road Inc. as the company he works for owns property across the street. He abstained from discussing and voting on the matter. Mayor Redekop disclosed a pecuniary interest with respect to New Business item 11 (a): Community Gaming Development Corporation Approval of Permittee Applications, as he has done legal work for several of the organizations listed. He abstained from discussing and voting on the matter. 6. Public Notice (a) Public Meeting Re: Town Initiated Zoning By-law Amendment Erie Road (Bay Beach Parking Lot North/East Corner of Erie Road and Schooley Road) - Monday, April 4, :00 p.m. - Town Hall Council Chambers. The recommendation report will be available on Wednesday March 30, Regional Councillor Report Regional Councillor Annunziata provided a verbal report on various items of business at the Region. 8. Presentations and Delegations (a) Councillor Lubberts Re: Presentation to the Crystal Beach Beautification Committee and the Communities-in-Bloom Committee Councillor Lubberts spoke of the photo contest held each year by the National Communities-in-Bloom Foundation which invites municipalities across Canada to submit photos that best represent the purpose of the Communities-in-Bloom program. Its purpose in Fort Erie is to foster civic pride, environmental responsibility and beautification through community involvement, with a focus on enhancing green spaces in communities. He stated that in 2015, the Fort Erie Communities-in-Bloom Committee entered the contest by submitting a photo taken by the Crystal Beach Beautification Committee of the floral bike display along Erie Road. Fort Erie was one of 3 winners of the Page 2 of 15

3 National Photo contest receiving a $50 gift certificate from national sponsor Home Hardware which the Communities-in- Bloom Committee will give away as a door prize at one of this year s events. The winners and their winning photographs will be published in 2016 Communities-in-Bloom Magazines and featured in promotional material. (b) Councillor Lubberts, as an expression of appreciation, and in recognition of the ongoing efforts of the Communities-in-Bloom Committee and the Crystal Beach Beautification Committee, on behalf of Council, presented a framed copy of the winning photograph to both committees. David Kompson, President, Gorham Road Inc. Re: Local Environmental Conservation Screening, Development Lands, Gorham Road Mr. Kompson stated that he recently became aware of housekeeping amendments regarding some local environmental conservation screenings which he learned included his Gorham Road properties. He had been of the understanding that several years ago, in dealing with the Niagara Peninsula Conservation Authority, that such screening was removed. He is requesting that the local environmental conservation screening be removed up to the development limit line that the NPCA and Gorham Road Inc. established many years ago. (c) Emma Csak, 340 Oxford Avenue Re: Paying of Water Base Rate When Not Using Water Ms. Csak was not present. (d) Jesse Boles o/b Ridgeway Business Improvement Area Re: Concerns with the LED Retrofit Street Lighting in Downtown Ridgeway Mr. Boles, on behalf of the Ridgeway BIA, advised of concerns with the replacement of the LED Lighting fixtures in downtown Ridgeway as the 5 year old heritage style fixtures were removed and replaced with industrial looking ones. He expressed disappointment at the lack of consultation provided by the Town on the lighting change and advised that he ll be meeting with the Director of Infrastructure Services on Thursday to come to a solution on the matter. Page 3 of 15

4 9. Consent Agenda Items 9.1 Request to Remove Consent Agenda Items for Discussion Item (c) was removed due to Councillor Lubberts conflict of interest. 9.2 Consent Agenda Items for Approval 1. Approve Minutes (a) Council Meeting - February 22, 2016 (b) Council-in-Committee Meeting - March 7, 2016 (c) Special Council Meeting - March 7, 2016 (d) Council-in-Committee Meeting - March 21, Correspondence (a) Proclamation - Community Living - May as "Community Living Month" and flag raising request That: Council proclaims the month of May as "Community Living Month" and approves that their flag be flown at Town Hall. (b) Receive and support - Town of Pelham - Request to Assist in the Establishment of Active Transportation (c) That: Council supports the resolution of the Town of Pelham as outlined in its correspondence dated February 22, 2016 regarding the establishment of a link from the Circle Route to the Steve Bauer Trail. Receive - Gorham Road Incorporated - Local Environmental Conservation Screening, Development Lands, Gorham Road (d) Receive and support - City of Port Colborne - Request Support of Broader Municipal Investment Powers That: Council supports the resolution of the City of Port Colborne as outlined in its correspondence dated February 25, 2016 Page 4 of 15

5 regarding the resolution from the Association of Municipalities of Ontario and Local Authority Services on broader municipal investment powers. (e) Receive and support - Niagara Region - Amendments to the Criminal Code That: Council supports the resolution of the Niagara Region as outlined in its correspondence dated February 29, 2016 regarding amendments to the Criminal Code (sports betting) and related consideration in locating a licensee at the Fort Erie Racetrack. (f) Receive and support - Niagara Region Canada Summer Games That: Council supports the resolution of the Niagara Region as outlined in its correspondence dated February 29, 2016 to submit a formal bid proposal to the Canada Games Council to host the 2021 Canada Summer Games. (g) Receive and support - Niagara Region - Opposition to a Municipal Vehicle Registration Tax That: Council supports the resolution of the Niagara Region as outlined in its correspondence dated March 2, 2016 regarding its opposition to the implementation of a Vehicle Registration Tax in Niagara. (h) Proclamation - Operation Lifesaver - "Public - Rail Safety Week" - April 25 - May 1, 2016 That: Council proclaims the week of April 25 - May 1, 2016 as "Public - Rail Safety Week". 3. Committee Minutes (a) Receive - Community Gaming Development Corporation - December 8, 2015 Page 5 of 15

6 (b) Receive - Crystal Beach Business Improvement Area Board of Management - October 17, 2015; November 7, 2015; November 14, 2015; January 16, 2016 (c) Receive - Fort Erie Public Library Board - January 19, 2016; February 16, 2016; March 15, 2016 (d) Receive - Communities in Bloom Committee - January 13, 2016 (e) Receive - Ridgeway Business Improvement Area Board of Management - February 3, 2016 (f) Receive - Street Naming & Wayfinding Committee - February 24, 2016 (g) Receive - Municipal Heritage Standing Committee - March 8, 2016 (h) Receive - Accessibility Advisory Committee - March 1, Other Matters (a) Notice of Resignation - Property Standards Committee - Scott Wraight That: Council accepts the resignation of Scott Wraight from the Property Standards Committee, and further (b) That: Council directs staff to proceed with filling the vacancy in accordance with the provisions of the Procedural By-law. Notice of Resignation - Communities-in-Bloom Committee - Karen Audet That: Council accepts the resignation of Karen Audet from the Communities-in-Bloom Committee, and further That: Council directs staff to proceed with filling the vacancy in accordance with the provisions of the Procedural By-law. Page 6 of 15

7 (c) Notice of Resignation - Communities-in-Bloom Committee Sherry Phibbs That: Council accepts the resignation of Sherry Phibbs from the Communities-in-Bloom Committee, and further That: Council directs staff to proceed with filling the vacancy in accordance with the provisions of the Procedural By-law. Consent Agenda Resolution Resolution No. 1 Moved by: Councillor Knutt That: Council approves the Consent Agenda Items as recommended save and except item (c). 9.3 Items Removed for Discussion (c) Receive - Gorham Road Incorporated - Local Environmental Conservation Screening, Development Lands, Gorham Road 10. Responses to Enquiries None. 11. New Business/Enquiries (a) Resolution No. 2 Moved by: Councillor Knutt That: Council approves item (c) as recommended. Community Gaming Development Corporation - Approval of Permittee Applications Mayor Redekop surrendered the Chair to Councillor Butler. Resolution No. 3 Moved by: Councillor Zanko Seconded by: Councillor Knutt Page 7 of 15

8 That: Council approves the bingo lottery permit allocations for the period April 1, March 31, 2017 pursuant to Appendix "A" of the Memorandum dated March 7, 2016 from the Community Gaming Development Corporation. Mayor Redekop resumed the Chair. (b) Proclamation - "National Volunteer Week" - April 10-16, 2016 Resolution No. 4 Moved by: Councillor Passero That: Council proclaims April 10-16, 2016 as "National Volunteer Week - Volunteers are the Roots of Strong Communities", and further (c) That: Council expresses their appreciation and gratitude to all volunteers in the Town of Fort Erie for their service, dedication and commitment. Appointment - Environmental Advisory Committee Resolution No. 5 Moved by: Councillor Lubberts Seconded by: Councillor McDermott That: Council appoints Brie Smalldon to the Environmental Advisory Committee for the period ending November 30, (d) Appointment - Museum and Cultural Heritage Advisory Committee Resolution No. 6 Moved by: Councillor McDermott Seconded by: Councillor Butler That: Council appoints Keith Ratcliffe to the Museum and Cultural Heritage Advisory Committee for the period ending November 30, Page 8 of 15

9 (e) Selection of Chairs and Vice-Chairs for Council-in-Committee Business Subdivisions Resolution No. 7 Moved by: Councillor Butler Seconded by: Councillor McDermott That: Council appoints the following Chairs and Vice-Chairs to the Business Subdivisions of Council-in-Committee for the period of April 1, 2016 to July 31, 2017: Corporate and Community Services Chair Councillor Passero Vice-Chair Councillor Knutt Planning and Development Services Chair Councillor McDermott Vice-Chair Councillor Butler Infrastructure Services Chair Councillor Zanko Vice-Chair Councillor Lubberts (f) (g) Councillor Lubberts enquired about the streetlight replacement in Ridgeway with respect to why there was no communication and when the contractor was informed not to destroy the lights. Mr. Walsh responded that the contractor submitted a proposal last August with submissions of the type of decorative street lights available. As there was no exact match to the existing lights, Councillor Butler was contacted to determine if there should be a meeting with the BIA, but it was determined not to be necessary at the time. Mr. Walsh advised that right after he heard from Mr. Boles last Thursday, he contacted the contractor who advised that the lights had already been discarded. Mr. Walsh advised that discarding the lights was part of the contract that Council approved. Councillor Lubberts asked why the fixtures were not retro-fitted to which Mr. Walsh responded that they weren t suitable for LED retro-fit due to heat and lighting issues as per the supplier. Mayor Redekop requested a Memorandum be provided after the meeting about the streetlights is held on Thursday. Councillor Passero requested an opinion from staff regarding the request from Mr. Kompson. He asked what the Town s position is regarding the matter and ultimate resolution between NPCA Page 9 of 15

10 and Gorham Road Inc. and for staff s opinion on any ramifications should Council decide to remove the overlay as requested. Ms. Dolch responded with the background information that back in 2008, the vegetation was removed from the subject property and the NPCA ordered a cease and desist against Mr. Kompson. At that time there was no environmental conservation (EC) overlay identified, therefore no Town involvement. The two parties went to court where a resolution was decided. The Planning Department s position is that since the environmental features were cleared in 2008, there is nothing now to warrant the EC overlay. Ms. Dolch further explained that the EC overlay came into play in 2013 with a housekeeping amendment to bring the Zoning By-law into conformity with the Official Plan. (h) (i) Councillor Knutt requested Regional Councillor Annunziatta to expand on the NPCA s position on the EC matter to which he responded that the Province, through its white paper, floated the idea of biodiversity off-setting which is an opportunity for recreating wetlands. Councillor Butler requested that staff extend an invitation to NPCA CAO Carmen D'Angelo, NPCA Chair Bruce Timms and NPCA Vice Chair Sandy Annunziata to update and comment on the Province s white paper regarding the updating of the Province s Conservation Authorities Act, specifically to the issue of biodiversity offsetting, in order to understand what biodiversity offsetting is and how, if the Province chooses to incorporate it as a tool for Conservation Authorities, Fort Erie may benefit. The Mayor asked Ms. Dolch to invite the NPCA to provide an update to Council on the subject. Councillor Butler enquired about receiving an updated report to the way finding signage and associated costs within the Town. Mr. Kuchyt responded that an update can be provided since the consultant s study from years ago to advise the status. Councillor Lubberts requested that the update include the Region s requirements to ensure our wayfinding policy is accurate. Councillor Passero advised that the Bridgeburg BIA had signs and locations picked out but the Region said no to every location picked for wayfinding signage; therefore some guidance is required. Also, the NPCA has guidelines in place that affect locations for signage. Councillor Lubberts enquired as to whether budget money was set aside for wayfinding signage. Page 10 of 15

11 12. Motions None. 13. Notice of Motion Councillor Passero gave notice of motion on the following issue to be presented to Council at the April 11, 2016 Regular Council meeting: Re: Directing staff to remove the environmental conservation overlay from the subject property owned by Gorham Road Inc. where the NPCA has designated for possible removal Mayor Redekop gave notice of motion on the following issue to be presented to Council at the April 11, 2016 regular Council meeting: Re: Water and sewer rates for vacant commercial property That: Council requests staff to prepare a report regarding the feasibility of creating a reduction or waiver of water and sewer rates for commercial property owners whose property is vacant for a period in excess of 90 days, similar to the tax reduction program for vacant commercial properties, making recommendations incidental thereto. 14. Consideration of By-laws By-law No was removed from the by-law package due to Councillor Knutt s conflict of interest. Councillor Lubberts removed By-law No from the by-law package. Resolution No. 8 Moved by: Councillor Knutt That: The by-law package containing: : To Amend Zoning By-law No , as Amended - Removal of Holding Provision Spears Road Estates (Ashton Homes (Western) Limited) : To Enact an Amendment to The Official Plan for the Town of Fort Erie - Amendment No Douglastown Black Creek Secondary Plan : To Amend Zoning By-law No to Implement Official Plan Amendment No. 28, Being the Douglastown Black Page 11 of 15

12 Creek Secondary Plan : To Adopt Council Rules of Procedure and to Repeal Bylaw No : To Authorize the Entry into a Licence Extension Agreement with the Bridgeburg Station Downtown Business Improvement Area Board of Management (Bridgeburg Rustic Farmer s Market) : To Authorize the Entry into an Agreement to Extend the Concession Agreement with Lam Style Limited for the Operation of the Crystal Beach Food Concession Services : To Amend Zoning By-law No , as Amended - Removal of Holding Provision Crystal Beach Tennis & Yacht Club - East Hill Development (Crystal Beach Park Limited and Crystal Beach Tennis & Yacht Club) : To Authorize the Entry into and Execution of a Contribution Agreement with Her Majesty the Queen in Right of Canada under the Canada 150 Community Infrastructure Program in support of the Renovation of Stevensville Memorial Park (Project No ) is given first and second reading. Councillor Knutt removed By-law No from the by-law package. Resolution No. 9 Moved by: Councillor Zanko Seconded by: Councillor Knutt That: By-laws: are given third and final reading to be signed by the Mayor and Clerk under the corporate seal. Page 12 of 15

13 Resolution No. 10 Moved by: Councillor Knutt That: By-law No : To Adopt a Street Lighting Policy for the Town of Fort Erie and to Repeal By-law No is given first and second reading. Resolution No. 11 Moved by: Councillor Lubberts Seconded by: Councillor McDermott That: By-law No : To Adopt a Street Lighting Policy for the Town of Fort Erie and to Repeal By-law No be postponed until after a meeting is held with the stakeholders of Ridgeway. Resolution No. 12 Moved by: Councillor Lubberts Seconded by: Councillor McDermott That: By-law No : To Adopt a Street Lighting Policy for the Town of Fort Erie and to Repeal By-law No be amended to remove Figure 2 for the Ridgeway Area Luminaires outlined in Appendix 4 of Schedule A and be given first and second reading. Resolution No. 13 Moved by: Councillor Knutt That: By-law No , as amended, is given third and final reading to be signed by the Mayor and Clerk under the corporate seal. Resolution No. 14 Moved by: Councillor Passero That: By-law No : To Provide for Drainage Works in the Town of Fort Erie, known as the Nigh Road Municipal Drain is given first and second reading. Page 13 of 15

14 Resolution No. 15 Moved by: Councillor Zanko Seconded by: Councillor Knutt That: By-law No (To Provide for Drainage Works in the Town of Fort Erie, known as the Black Creek Drainage Works 2014) is given third and final reading to be signed by the Mayor and Clerk under the corporate seal. Resolution No. 16 Moved by: Councillor Knutt That: By-law No (To Provide for Drainage Works in the Town of Fort Erie, known as the Black Creek Drainage Works 2014) be postponed until April 11, Resolution No. 17 Moved by: Councillor Passero That: By-law No : To Appoint Members of Council as Chair and Vice-Chair for Each Business Subdivision of Council and to Repeal Bylaw No is given first and second reading. Resolution No. 18 Moved by: Councillor Lubberts Seconded by: Councillor McDermott That: By-law No is given third and final reading to be signed by the Mayor and Clerk under the corporate seal. Resolution No. 19 Moved by: Councillor McDermott Seconded by: Councillor Butler That: By-law No : To Confirm the Actions of Council at its Meeting Held on March 29, 2016 is given first and second reading. Page 14 of 15

15 Resolution No. 20 Moved by: Councillor Butler Seconded by: Councillor McDermott That: By-law No is given third and final reading to be signed by the Mayor and Clerk under the corporate seal. 15. Scheduling of Meetings Various upcoming meetings were announced. 16. Adjournment Resolution No. 21 Moved by: Councillor Knutt That: Council adjourns at 8:20 p.m. to reconvene into a Regular Meeting of Council on April 11, Mayor Clerk Page 15 of 15