the municipal corporation of the town of fort erie · 2019. 11. 25. · council-in-committee - 10...

The Municipal Corporation of the Town of Fort Erie

Council-in-Committee Meeting Minutes

Monday, July 10, 2017

1. Call to Order The meeting was called to order by Mayor Redekop, Chair at 6:01 p.m.

2. Roll Call Present: Mayor Redekop; Councillors Butler, Knutt, Lubberts, McDermott, Passero and Zanko Staff: R. Brady, K. Dolch, J. Janzen, M. Kernahan, T. Kuchyt, E. Melanson, C. Schofield, K. Walsh and C. Watson

3. Announcements/Addenda Mayor Redekop made announcements regarding various events and items of community interest.

4. Disclosures of Pecuniary Interest Mayor Redekop disclosed a pecuniary interest with respect to Delegation 8.1 (a) and Report No. PDS-48-2017 since they are connected through marriage. He abstained from discussing or voting on the matter.

5. Public Notice of Upcoming Meetings

None. 6. Public Meetings

None. 7. Consent Agenda Items 7.1 Request to Remove Consent Agenda Items for

Discussion

Councillor Lubberts removed Report No. PDS-44-2017 for separate consideration.

Council-in-Committee - 10 Jul 2017 Meeting Minutes

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7.2 Consent Agenda Items for Approval PDS-43-2017 Sale of Lands – 0 Ridge Road North – Part

Road Allowance between Lots 4 & 5, Concession 10 NR Bertie Lying Between Ridge Road & Teal Road being Gilmore Road; Fort Erie (Garth McGarroch)

That: Council authorizes the sale of Town-owned land east of Ridge Road North, being Part Road Allowance Between Lots 4 & 5, Concession 10 NR Bertie Lying Between Ridge Road & Teal Road Being Gilmore Road; Fort Erie as a Limited Marketability parcel to the Applicant, Garth McGarroch, for the appraised value of $21,800.00 plus HST, subject to the Town retaining a 3.0 metre strip along Ridge Road North for road widening purposes, and further That: Council directs that the subject lands be required to merge in title with the Applicant’s land to the south, and part of Section 5.1.2 of the Sale of Land Policy which requires the land to legally merge with the Applicant’s land to the north be waived, and further That: Council directs that the sale is subject to the Applicant being responsible for all associated costs including completion of a Reference Plan to describe the lands to be sold and a 3.00 metre strip to be retained by the Town for road widening of Ridge Road North. (Carried)

PDS-45-2017 Extension of Draft Plan Approval – Nigh Road Draft Plan of Subdivision - 1589 Nigh Road, North of Stephens Road - Roll No. 2703 020 010 64701 0000 William Heikoop, Upper Canada Consultants - Agent; Bryce Ivanchuk, 2538070 Ontario Limited - Owner

That: Council extends draft plan approval for the Nigh Road Draft Plan of Subdivision located at 1589 Nigh Road, north of Stephens Road until November 12, 2017, and the Owner and Regional Municipality of Niagara Planning and Development Services Department be so advised. (Carried)


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IS-19-2017 Fort Erie Transit Branding & Marketing Plan

That: Council receives Report No. IS-19-2017 for information purposes. (Carried)

CAO-06/LC-09-

2017 Land Matters: June 9, 2017 Land Committee Meeting Minutes

That: Council receives the June 9, 2017 Land Committee meeting minutes attached as Appendix “1” to Administrative Report No. CAO-06/LC-09-2017; and further That: Council approves the recommended tasks as outlined in Appendix “2”. (Carried)

Consent Agenda Recommendation Recommendation No. 1 Moved by: Councillor McDermott That: Council approves the Consent Agenda Items as recommended save and except Report No. PDS-44-2017. (Carried)

7.3 Item Removed for Discussion PDS-44-2017 Sale of Lands – Parcel 1: 0 Arthur Street

E/S – Lots 3 & 4 East Side of Arthur Street, NP 990-992; Parcel 2: 0 Garrison Road - Plan 990 to 992 Pt. Lots Q & R S/S Garrison Road RP 59R13605 Part 2 (Roll Nos. 2703 020 019 04300 0000 & 2703 020 019 02300 0000) William Heikoop, Upper Canada Consultants - Agent; Aldo Vercillo, Garrison Green Corporation - Owner

Recommendation No. 2 Moved by: Councillor Lubberts That: Council authorizes the sale of Town-owned land east of Arthur Street, being Lots 3 & 4 East Side of Arthur Street, NP 990-992 and Pt Lots Q & R S/S Garrison Road Plan 990 to 992 RP 59R13605 Part 2 as Limited Marketability parcels to the Applicant, Garrison Green Corporation, for the appraised value of $52,800.00 CAD plus HST, and further


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That: Council directs that the subject land be required to merge in title with the Applicant’s land to the east and that a deeming by-law be required to deem the subject lands and the Applicant’s whole lots not to be lots on a plan of subdivision, and further That: Council directs that proceeds from sale of the subject lands be deposited into a parkland dedication reserve, and further That: Council directs that Part of Section 6.2.4 of the Sale of Land Policy to be waived with respect to notifying abutting landowners of the appraised value and offering them opportunity to submit offers to purchase, and further That: Council directs that the sale be subject to the Applicant being responsible for all associated costs. Recommendation No. 3 Moved by: Councillor Lubberts That: Recommendation No. 2 be amended by adding the following: “That: The 2017 Capital Budget be amended to increase the Bay Beach Capital Project by $52,800 with funding from the parkland reserve.” (Lost) Following the defeated amendment, Recommendation No. 2 was voted on and carried.

8. Planning and Development Services Chaired by Councillor Butler.

8.1 Presentations and Delegations (a) Dan Weaver, 647 Kensington Court

Re: Support of Fence Variance - 647 Kensington Court (Report No. PDS-48-2017) Mr. Weaver stated that prior to adding to the height of the present fence behind his property between his rear neighbour and his home, he spoke to his neighbours to the left and rear and neither had any objection. In hindsight, he should have spoken to the condo owners on his right prior to adding to the fence. In viewing the


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fence from various angles, he felt it had no affect on them. Mr. Weaver advised when the notice from the Town went out to some of the condo neighbours they had to go around to see what the fence looked like because they could not see it. They were happy that someone finally built on the lot hiding the mess behind the fence. The fence will be stained to match existing fences. Mr. Weaver explained he felt the real complaint was the drainage problem until two weeks ago when the swale was completed per the grading plan between his property and the condo units. He also added a French drain at his own expense. Since that time no water has drained into the neighbours. The President of the Condo Association took pictures and communicated to him that the swale and French drain was what was needed. Mr. Weaver said the objection to the fence at the time was perhaps justified however, he sees no reason why it should not be allowed. Mr. Weaver provided Members of Council with two photographs of the fence and read aloud a letter of support he received from his neighbour at 639 Kensington Court.

8.2 Reports PDS-46-2017 Proposed Amendment to Draft Plan of

Condominium - Deerwood Lane Condominium - 1736105 Ontario Inc. (John Kendall)

Recommendation No. 4 Moved by: Mayor Redekop That: Council approves the Deerwood Lane Plan of Vacant Land Condominium (southeast corner of Prospect Point Road and Dominion Road) dated November 4, 2016, showing 18 condominium townhouse units and an internal private roadway as shown on Appendix “3” of Report No. PDS-46-2017, 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 “7” of Report No. PDS-46-2017, and further


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That: Council directs staff to circulate the Conditions of Draft Plan Approval in Appendix “7” of Report No. PDS-46-2017 to the applicable agencies in accordance with the requirements of the Planning Act. (Carried)

PDS-47-2017 High Pointe Estates Subdivision Agreement

and Pre-Servicing Approval - North End of Green Acres Drive, West of Pettit Road Roll No. 020022205000000

Recommendation No. 5 Moved by: Councillor Zanko That: Council authorizes the entry into a Subdivision Agreement with Marina (Green Acres) Developments Ltd. for High Pointe Estates, and further That: Council permits the Developer to pre-service the subdivision prior to registration of the Subdivision Agreement subject to receipt of the drawings, security deposit, cash payment, approvals, insurance certificate and letter of indemnification to the satisfaction of the Town, and further That: Council authorizes staff to prepare a by-law to execute the Subdivision Agreement and associated documents, and further That: Council authorizes staff to prepare a by-law to remove the holding provision once Council approves a Subdivision Agreement. Recommendation No. 6 Moved by: Mayor Redekop That: Recommendation No. 5 be amended by adding the following: “That: Condition No. 24 be amended to provide for the completion of Sharon Drive by the end of Phase 2 of the project in a condition acceptable to staff.” (Carried) Following the approval of the amendment, Recommendation No. 5 was voted on as amended as follows: That: Council authorizes the entry into a Subdivision Agreement with Marina (Green Acres) Developments Ltd. for High Pointe Estates, and further


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That: Condition No. 24 be amended to provide for the completion of Sharon Drive by the end of Phase 2 of the project in a condition acceptable to staff, and further That: Council permits the Developer to pre-service the subdivision prior to registration of the Subdivision Agreement subject to receipt of the drawings, security deposit, cash payment, approvals, insurance certificate and letter of indemnification to the satisfaction of the Town, and further That: Council authorizes staff to prepare a by-law to execute the Subdivision Agreement and associated documents, and further That: Council authorizes staff to prepare a by-law to remove the holding provision once Council approves a Subdivision Agreement. (Carried)

PDS-48-2017 Appeal of Minor Variance Decision to

Council

Recommendation No. 7 Moved by: Councillor McDermott That: Council refuses the request for a minor variance for the rear yard fence at 647 Kensington Court which would allow relief from Section 3.1.1 of the Town of Fort Erie Fence By-law No. 71-2016 as it relates to the maximum height of fences allowed under the By-law. (Lost)

8.3 New Business/Enquiries

Mr. Brady, Director, Planning and Development Services read the response prepared by Matt Kernahan, to a previous enquiry regarding what the Town’s obligations were under the Migratory Birds Convention Act (MBCA), what other municipalities were doing in this regard and for clarification from Environment and Climate Change Canada on the requirements of the legislation. Town staff contacted Christrian Friis, Wildlife Biologist of the Canadian Wildlife Service, Environment and Climate Change Canada who confirmed that the Town of Fort Erie does not have any obligation to inform developers of the MBCA or to enforce the legislation in any way. The MBCA is Federal legislation that is enforced by Wildlife Officers from Environment and Climate Change Canada. Mr. Friis provided clarification that the MBCA does not prohibit tree clearing during any time period, including between May 1st and July 31st. Rather, the MBCA prohibits the


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disturbance or destruction of migratory bird eggs and nests or the possession of a migratory bird (dead or alive) during any time of the year. The prepared response is attached to these minutes as Appendix “1”. Councillor Zanko referred to Crescent Road at Evelyn Avenue where there are two houses with a road allowance in between and enquired who is responsible for grass cutting. Mr. Brady responded that the property owner is responsible. Councillor Zanko stated she thinks it is a road allowance to which Mr. Brady advised he would look into the matter and report back. Councillor Passero questioned the Clerk if the defeat of Report No. PDS-48-2017 automatically grants the request for a minor variance of a rear yard fence or does something official have to happen. The Interim Clerk responded that the recommendation to refuse the appeal was lost and therefore the appeal was granted. Mayor Redekop advised that he recently drove through the Ridgeway-by-the-Lake Subdivision at North Shore Drive where there is access to the waterfront that the municipality owns and he questioned if there is a plan to have a sign there. Mr. Brady responded not that he is aware of. He confirmed that piece of property is waterfront owned by the municipality and not a road allowance. The Mayor stated it is municipal property with access to the waterfront that was granted to the Town when the Ridgeway Shores development was approved and it should be marked. Mayor Redekop referred to the Response to an Enquiry regarding migratory birds and tree clearing and advised that he was in communication with Mr. Brady to discuss how this municipality would protect the wildlife and nesting birds. Mr. Brady explained that currently we have a condition that developers may not remove trees from May 1st to July 31st. It was interpreted by someone in the past that this is the migratory bird nesting period. Planning staff went back to Environment Canada who advised it is possible that trees can be removed during this period. Staff asked if they wanted the Town to include a condition in the subdivision agreement and were advised no since it is not the responsibility of the municipality but the Federal Government. Planning staff have a responsibility to not put in a condition that the Town cannot enforce. The responsibility becomes the developers and is enforced by the Federal Government. The EIS identifies areas to be protected


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and they will be protected. Planning will continue to have requirements to not remove vegetation on the property until there is a pre-servicing agreement and the subdivision is imminent and the wooded areas would not be removed until that time. He indicated there is no rationale behind the May 1st to July 31st deadline. Mayor Redekop stated that he hopes this municipality will take a different approach to how development occurs. A number of developers “walk the walk” and protect the migratory birds. On two occasions in recent history developers have cut down trees. One being about a dozen years ago on Thunder Bay Road between Ridge Road and Prospect Point Road when the land was clear cut in the spring creating a tremendous uproar. The other was more recent when a plan of subdivision in Ridgeway received approval from the NPCA to cut down trees. He does not want to be criticized for not “walking the walk.” If we believe that wildlife habitat is important then we need to get a better handle on it. We want development but we want it to achieve what people who live here value. The Mayor said he will work constructively with developers and Mr. Brady in this regard. Councillor Lubberts advised he received an email today from Casey Bruins, a member of the Ridgeway Lions, who put together a fundraising campaign to raise $80,000 for the playground equipment at Bay Beach. On Sunday morning Councillor Lubberts made a donation of $200.00. The email he received today asked Councillor Lubberts to make a challenge to Members of Council asking if each of them would also make a $200.00 donation to match Councillor Lubberts’. If so, Casey will match that total donation of $1,400.00 and the Ridgeway Lions will match that total donation of $2,800.00. Councillor Lubberts stated the challenge is out there and a $1,400.00 donation could turn into a $5,600.00 donation. Councillor Butler enquired what triggers the Federal Government to enforce developers under the Migratory Birds Convention Act to which Mr. Brady responded complaints. Councillor Butler referred to the sign for the United Church at the corner of Dominion Road and Ridge Road that has been there for 80 years. She advised they have received a request from the Region to move it back but there are trees that would have to be removed. She questioned if there is a solution that the municipality can find to encourage the Region to leave the sign where it is. The Mayor advised he has a Public Works meeting


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at the Region the next day and will bring the matter up and report back.

8.4 Business Status Report No changes.

9. Infrastructure Services Chaired by Councillor Lubberts.

9.1 Presentations and Delegations None.

9.2 Reports IS-18-2017 Intermunicipal Transit Service - Proposed

2017-2018 Service

Recommendation No. 8 Moved by: Mayor Redekop That: Council authorizes the entry into a service contract with the City of Niagara Falls for an eight month period, effective as per Appendix "1" of Report No. IS-18-2017 for the provision of the Intermunicipal Transit Service at a cost of $153,780.43 (excluding 13% H.S.T.). (Carried)

9.3 New Business/Enquiries

Councillor Knutt asked Mr. Walsh to express his thanks to Sean Hutton and Matt Woehl for the great job they did in responding to an incident on Ott Road and for a quick and speedy remedy. Councillor Knutt spoke to Mr. Walsh about ditching and brushing on Ott Road and advised he did not realize the extent of the process. He asked Mr. Walsh to explain. Mr. Walsh responded when a ditching or brushing complaint comes into Town Hall, a CRM is created and is usually addressed within two weeks. They identify sources of problems, potential solutions and if the issue is larger than clearing, this information goes into a database and can take 1-2 years to address. Prior to the Town’s purchase of a Gradall, it took 7 years. He added for this upcoming summer and fall season they have a $50,000 surplus from last year which will help them to resolve approximately 50 CRM’s from the queue.


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Councillor Knutt thanked Mayor Redekop and the NPC for their quick removal of the dead trees on Niagara Boulevard. He asked the Mayor to also send his thanks to Chair Thomson. Councillor Lubberts asked Mr. Walsh to explain what a CRM is. Mr. Walsh stated a CRM is a three letter acronym for Customer Relations Management and is a database for issues/complaints where staff log the initial contact/complaint and the actions taken. Councillor Butler advised there is a potential grow-op off Garrison Road on Hwy. 3 by Rosehill. It has come to her attention they may dig wells and have 20 greenhouses. The residents are concerned it would contaminate the wells. Mr. Walsh advised that drinking and water wells are under the scope of the MOE and the NPCA. She had a discussion with Mr. Brady who advised when a well is requested it has to be approved by the MOE. The Mayor added they would also have to get approval to draw the water. Mr. Brady responded that is correct and that is part of the permit for the well and they can draw 50,000 litres a day. Councillor Butler asked what if they wanted to bring Town water to the facility to which Mr. Brady responded they do not have that option. Mayor Redekop referred to the Ott Road resurfacing and enquired when the work will be completed. Mr. Walsh advised he does not have the exact date but it is high on their priority list. The weather forecast does not look good this week for road resurfacing but it looks good for dust control. Mayor Redekop advised he was at a party last week hosted by Kathy and Garrett Reid on Erie Road to thank the firefighters. Their home was affected in a fire that burnt down 3 other adjacent homes at Bay Beach. The hosts advised him that on July 4th there were hundreds of young people on the beach around 10:30 p.m. and they were concerned there might be a serious problem. The police were called who were also concerned about the size of the crowd. The Mayor is concerned that security is not checking bags for alcohol. He questioned if the Town could close off the beach after hours. He was told there were 500 people and that is a lot. The CAO advised this is the first he has heard of this. He has had no complaints regarding security and stated they are doing a good job. Fencing off the beach would not help. This is something they can monitor. The Mayor said he is ok with that but they may have to close off access at some point.


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Councillor Zanko referred to a hallmark card she received from a constituent thanking Mr. Walsh and his team for removing an emerald ash tree on Grandview Road. A large stump was left and Sean Hutton and his team came out in the rain to remove it at 8:00 a.m. in the morning. She read the card aloud. Councillor McDermott advised he received the same complaint as the Mayor regarding the issue at Bay Beach. He suggested that maybe the NRP could check the beach after hours on holiday weekends. In the meantime, the Town could increase beach patrol until we find a solution. He heard the police took their time to get there. Councillor Passero advised that it appears that the Welcome to the Waterfront sign at Windmill Point Road has disappeared. He suggested there are usually one or two signs that go missing this time of year and he requested that it be replaced. Councillor Zanko referred to the issue at Bay Beach last weekend and requested a meeting with the NRP. She learned that teenagers were posting on social media through snapchat “Party at Crystal Beach”. She stated the NRP have access to social media and monitor it. She reiterated we need to have a meeting to work with them to which Mr. Kuchyt advised he will set one up. Councillor Lubberts stated that over the last month there has been an increase in vandalism e.g. the park in Thunder Bay where the playground equipment was damaged and the trees at Queen’s Circle were damaged. He agreed that a meeting with the NRP may help and they could have more of a presence.


10. Corporate and Community Services Chaired by Councillor Knutt.

10.1 Presentations and Delegations None.


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10.2 Reports None.

10.3 New Business/Enquiries Councillor Passero thanked Mr. Janzen, his Finance team and Mr. Kuchyt for their support for the July 1st fireworks; Garden City Fireworks for their patience; and Kelly Walsh, Doug Campbell and Kevin Boucock for the on the ground components. The show went off without a hitch and it was a spectacular event. Councillor Zanko thanked Councillor Passero for his hard work in organizing the fireworks display. Councillor Lubberts clarified a comment made by Mayor Redekop regarding the party at Garrett Reid’s home for the firefighters and stated that the party was a joint effort hosted by the four property owners affected by the fire and that Mr. Reid’s home was the only one standing.


11. Scheduling of Meetings Various upcoming meetings were announced.

12. Adjournment Recommendation No. 9 Moved by: Councillor Knutt That: Council-in-Committee adjourns at 8:00 p.m. (Carried)

_________________________ Mayor

_________________________ Interim Clerk

foRrfRIf RESPONSE TO COUNCIL ENQUIRIESONTARIO

Our Focus: Your FutureDate of Response: July 10, 2017

Responsible Department: CAO El COS El PDS I] FES El IS El CS El

Date of Enquiry:

Council Meeting Date: May 23, 2017El Council-in-Committee Meeting Date:

Enquiry by: Mayor Redekop, Councillor Lubberts

Nature of Enquiry: Migratory Bird Convention Act and Tree Clearing

Response:

At the May 23, 2017 Council meeting, enquiries were made of Planning Staff regardingwhat the Town’s obligations were under the Migratory Birds Convention Act (MBCA),what other municipalities were doing in this regard and for clarification fromEnvironment and Climate Change Canada on the requirements of the legislation.

Town Staff contacted Christrian Friis, Wildlife Biologist of the Canadian Wildlife Service,Environment and Climate Change Canada. Mr. Friis confirmed that the Town of FortErie does not have any obligation to inform developers of the MBCA or to enforce thelegislation in any way. The MBCA is Federal legislation that is enforced by WildlifeOfficers from Environment and Climate Change Canada. Mr. Friis provided clarificationthat the MBCA does not prohibit tree clearing during any time period, including betweenMay 1st and July 31st Rather, the MBCA prohibits the disturbance or destruction ofmigratory bird eggs and nests or the possession of a migratory bird (dead or alive)during any time of the year. Mr. Friis indicated that development is only more likely tocontravene the act during the peak nesting period, which is between May 1st and July31st, but will not necessarily do so. The responsibility to ensure compliance of theMBCA during development rests with the developer. If a contravention occurs, theresponsibility to enforce the MBCA rests with Environment and Climate ChangeCanada.

Planning Staff contacted the Planning Departments of all Niagara municipalities tosolicit information on what is done with respect to the MBCA in other parts of Niagara.Responses were received from all municipalities except Wainfleet. Four out of the tenrepresentatives of the municipalities surveyed were not aware of the existence of theMBCA and also confirmed that there were no restrictions on tree clearing on privateproperty during any time of the year. Two of the six representatives that were aware of

Appendix "1" to July 10, 2017 Council-in-Committee Minutes

MBCA, actively informed developers of the existence of the MBCA. Only onemunicipality (Lincoln) includes conditions of development that restrict tree clearingduring peak nesting season. Two other municipalities indicated that conditions ofdevelopment that restrict tree clearing during peak nesting season are included onlywhen requested by the Niagara Peninsula Conservation Authority.

It should be noted that the Town of Pelham provided information on a circumstancewhere the NPCA requested a restriction on tree clearing during peak nesting seasonand the developer challenged the condition on the basis that the NPCA did not havejurisdiction to request such a condition. The NPCA rescinded their request for thecondition on that basis and the Town of Peiham no longer includes conditions ofapproval that restrict tree clearing during peak nesting season. Given this informationprovided by the Town of Pelham and the information provided by the Canadian WildlifeService, Staff will no longer be requesting a restriction on tree clearing in Draft Planconditions. Staff will advise developers of the requirements of the Migratory BirdsConvention Act during the Draft Plan approval process and during final subdivisionapproval.

D Other (explain)

__________________________

Prepared By:

_________________________

Signature

Status:Completed U Ongoing

Read and Recorded into Minutes: (1 Z.OI -(Date)

--

Mall Kernahan, Senior Development PlannerName/Title

Appendix "1" to July 10, 2017 Council-in-Committee Minutes

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