C-14/2018 Tuesday, September 4, :30 PM Town of Pelham Municipal Office - Council Chambers 20 Pelham Town Square, Fonthill

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1 Meeting #: Date: Time: Location: C-14/2018 Tuesday, September 4, :30 PM Town of Pelham Municipal Office - Council Chambers 20 Pelham Town Square, Fonthill Members Present: Dave Augustyn Richard Rybiak Catherine King John Durley Peter Papp Gary Accursi James Lane Staff Present: Darren Ottaway Bob Lymburner Nancy Bozzato Vickie vanravenswaay Kirk Weaver Holly Willford Marc MacDonald Teresa Quinlin Others Present Shannon Larocque, Senior Planner Bill Gibson Jou Bouchard, Tim Wright Interested Citizens Media Representatives 1. Call to Order and Declaration of Quorum Noting that a quorum was present, the Mayor called the meeting to order at approximately 6:32 p.m. 2. Singing of National Anthem The National Anthem was sung by those present to officially open the meeting. 3. Approval of Agenda Moved By James Lane 1

2 BE IT RESOLVED THAT the agenda for the September 4, 2018 Regular meeting of Council be adopted as circulated. 4. Disclosure of Pecuniary Interests and General Nature Thereof There were no disclosure of pecuniary interests declared by any of the members present. 15. Motions and Notices of Motion 5. Hearing of Presentation, Delegations, Regional Report 5. Hearing of Presentation, Delegations, Regional Report 5.1 Presentations Meridian Community Centre Oversight Committee - Final Presentation Mr. Bill Gibson, Chair of the Meridian Community Centre Oversight Committee, presented the final report for this Committee, a copy available through the Clerk. He expressed appreciation to members of the Committee who dedicated many hours to the work of this Committee. He reported that the project was completed on time and under budget by $705,949. He accredited this in great part to Ball Construction for their project management, namely Robert Nippell, Ian Desrosiers, Doug Fehrenbach. The Mayor thanked the Committee for their commitment to the mandate of the Oversight Committee. Moved By James Lane BE IT RESOLVED THAT the delegation by Bill Gibson on behalf of the Meridian Community Centre Oversight Committee regarding their Final Presentation be received for information. 5. Hearing of Presentation, Delegations, Regional Report 5.2 Delegations Pelham Public Library Board Kirk Weaver, CEO of the Pelham Public Library together with the Board Chair, Tim Wright, and Members to present the annual overview of the library facilities in Pelham. A copy of the presentation is available through the Clerk. 2

3 Moved By Gary Accursi Seconded By James Lane BE IT RESOLVED THAT the delegation by K. Weaver and T. Wright on behalf of the Town of Pelham Public Library Board regarding the Annual Report be received for information. 5.3 Report of Regional Councillor No Report Submitted. 6. Adoption of Minutes Moved By John Durley Seconded By Catherine King BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-13/ Council Minutes, August 13, SC-19/ Special Council Minutes July 25, SC-20/ Special Council Minutes August 13, Business Arising from Council Minutes None 8. Request(s) to Lift Consent Agenda Item(s) for Separate Consideration Items and were lifted for separate consideration. 9. Consent Agenda Items to be Considered in Block Moved By James Lane BE IT RESOLVED THAT the following Consent Agenda items be received and the recommendations contained therein be approved, as applicable: 9.5 Information Correspondence Items City of Welland Supports City of St. Catharines Resolution regarding Tariffs on Steel and Aluminum 3

4 BE IT RESOLVED THAT Council receive correspondence from the City of Welland dated, August 21, 2018 regarding tariffs on steel and aluminum, for information City of Welland Supports Town of Pelham s Resolution Regarding Enforcement of Cannabis BE IT RESOLVED THAT Council receive correspondence from the City of Welland dated, August 21, 2018 regarding their support for the Town of Pelham s resolution regarding enforcement of cannabis, for information City of Welland Supports Association of Municipalities of Ontario s (AMO) Resolution regarding Trade with the United States and Protecting Canadian Jobs BE IT RESOLVED THAT Council receive correspondence from the City of Welland dated, August 15, 2018 regarding Trade with the United States and Protecting Canadian Jobs, for information. (Lifted) City of Niagara Falls Supports Association of Municipalities of Ontario s (AMO) Resolution regarding Trade with the United States and Protecting Canadian Jobs BE IT RESOLVED THAT Council receive correspondence from the City of Niagara Falls dated, July 10, 2018 regarding Trade with the United States and Protecting Canadian Jobs, for information. (Lifted) Niagara Region Regional Report PDS Comments on Province s Draft Agricultural Impact Assessment Guidance Document BE IT RESOLVED THAT Report PDS Comments on Province s Draft Agricultural Impact Assessment Guidance Document be received for information Township of North Frontenac Request for Support re: Advocate Provincial Government for Funding for Volunteer Firefighters Certification BE IT RESOLVED THAT Council receive correspondence from the Township of North Frontenac dated, August 3, 2018 regarding government funding for Volunteer Firefighter s certification, for information Town of Aurora Letter to Premier Doug Ford regarding Greenbelt Protection BE IT RESOLVED THAT Council receive correspondence from the Town of Aurora dated, August 10, 2018 being a letter to Premier Doug Ford regarding Greenbelt protection for information. 4

5 10. Items for Separate Consideration, if Any 10.1 City of Welland Supports Association of Municipalities of Ontario s (AMO) Resolution regarding Trade with the United States and Protecting Canadian Jobs Moved By James Lane BE IT RESOLVED THAT Council receive correspondence from the City of Welland dated, August 15, 2018 regarding Trade with the United States and Protecting Canadian Jobs, for information. Moved By Peter Papp Seconded By John Durley THAT the motion be amended by adding: THAT the resolutions contained in Correspondence Items and be endorsed and supported. Moved By James Lane BE IT RESOLVED THAT Council receive correspondence from the City of Welland dated, August 15, 2018 and the City of Niagara Falls dated July 10, 2018 regarding Trade with the United States and Protecting Canadian Jobs, for information; and THAT the resolutions contained in Correspondence Items and be endorsed and supported City of Niagara Falls Supports Association of Municipalities of Ontario s (AMO) Resolution regarding Trade with the United States and Protecting Canadian Jobs See Item Presentation & Consideration of Reports 11.1 Reports from Members of Council: Mayor Dave Augustyn's Report - September 4,

6 Moved By Catherine King Seconded By John Durley BE IT RESOLVED THAT Mayor Augustyn's Report dated September 4, 2018 be received for information. 11. Presentation & Consideration of Reports 11.2 Staff Reports Requiring Action Recommendation Report Regarding Applications for Zoning By-law Amendment & Draft Plan of Condominium 190 Canboro Road (File Nos. AM and 26CD ) Moved By Richard Rybiak Seconded By James Lane BE IT RESOLVED THAT Council receive this Department of Community Planning and Development Report for information as it pertains to File Nos. AM & 26CD regarding 190 Canboro Road; AND THAT Council approve the By-law, attached hereto as Appendix E, amending the zoning of 190 Canboro Road from the Residential 1 (R1) zone to the site specific Residential Multiple 1 (RM1-285) zone; AND THAT Council approve the draft plan of condominium subject to the conditions attached hereto as Appendix F; AND THAT the Mayor or designate be authorized to sign the draft plan as approved 20 days after notice of Council s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged Staff Reports Requiring Action Recommendation Report Regarding Removal of Holding (H) Provision Zoning By-law Amendment 6

7 Blocks 45, 46 & 47, 59M-456, Saffron Meadows Phase 1(File No. AM-09-18) Moved By John Durley Seconded By Catherine King BE IT RESOLVED THAT Council receives this Community Planning and Development report for information as it pertains to File No. AM regarding Blocks 45, 46 and 47, Plan 59M-456 of Saffron Meadows Phase 1 subdivision; AND THAT Council approved the Zoning By-law Amendment, attached hereto as Appendix B, removing the holding provision from the RM1-268(H) zone for Blocks 45, 46 and 47, Plan 59M Report Regarding the Request to Designate 808 Canboro Road (The Fenwick United Church Manse) Moved By Gary Accursi Seconded By James Lane BE IT RESOLVED THAT Council receives this Department of Community Planning and Development report for information as it pertains to the request to designate 808 Canboro Road (The Fenwick United Church Manse) under Part IV of the Ontario Heritage Act; AND THAT, Council proceed with designating the property in accordance with Section 29 of the Ontario Heritage Act by serving notice of intention to designate on the owner, the Ontario Heritage Trust and giving of public notice Lift One Foot Reserve in River Estates Subdivision Moved By Catherine King Seconded By John Durley 7

8 BE IT RESOLVED THAT Council receive this report on lifting the one foot reserve in the River Estates Subdivision for information; and THAT Council adopts the by-law to lift the one foot reserve in the River Estates Subdivision known as Block 135, Plan 59M Unfinished Business: None 13. New Business: None 14. Presentation and Consideration of By-Laws Moved By James Lane BE IT RESOLVED THAT the Council of the Town of Pelham, having given due consideration to the following By-laws do now read a first, second and third time and do pass same, and THAT the Mayor and Clerk be and are hereby authorized to sign and seal the by-laws: 1. By-law 4031(2018) - Being a by-law to amend Zoning By-law 1136(1987), as amended, for lands located on the south side of Canboro Road, municipally known as 190 Canboro Road, legally described as Part of Lot 3, concession 8 in the Town of Pelham (Designated as Part 2 on Plan 59R-15924), from the Residential 1 (R1) zone to a site specific Residential Multiple 1 (RM1-285) zone. (Referred from August 13, 2018). 2. By-Law 4037 (2018) - Being a by-law to accept one foot reserve being Block 135, Plan 59M-434 pursuant to the subdivision agreement for River Estates. 3. By-Law 4038 (2018) - Being a by-law to remove the Holding (H) Provision executed by By-law No (2016) for the lands located on the south side of Acacia Road in the Saffron Phase 1 Subdivision; legally described as Blocks 45, 46 & 47 Plan 59M

9 15. Motions and Notices of Motion 15.2 Motion re Establishment of a Meridian Community Centre Mayor User Group Committee Moved By John Durley NOTWITHSTANDING, the fact that each major user group of the Town of Pelham Meridian Community Centre has signed an Agreement for the use of the Community Centre; AND WHEREAS, each major user group is entitled to unfettered operation of its own programs; AND WHEREAS, from time to time, there is a possibility that special requirements may be necessary to accommodate special events that may be hosted by one or more user groups; AND WHEREAS, flexibility in scheduling, communication, and cooperation among major user groups will go a long way to alleviate challenges which may arise during special events and / or circumstances; AND WHEREAS, a Committee made up of representatives of members of the major users group is the most convenient means by which such challenge can be addressed; BE IT RESOLVED THAT, a Major Users Group of the Town of Pelham Meridian Community Centre Committee be established; AND BE IT FURTHER RESOLVED THAT, one member of each major user group be appointed to serve on this Committee to represent each group; AND BE IT FURTHER RESOLVED THAT, a staff member from the Department of Recreation, Leisure, and Wellness be appointed to Chair this Committee; AND BE IT FURTHER RESOLVED THAT, a member of Town of Council be appointed to sit on this Committee (Ex Officio); AND BE IT FURTHER RESOLVED THAT, a specific Terms of Reference be established to govern the activities conducted by this Committee. Amendment: Moved By John Durley THAT the motion be amended by removing the words "from the Department of Recreation, Leisure and Wellness" 9

10 Amendment: Moved By John Durley THAT the motion be amended by adding a request to bring forward the Terms of Reference at the next Regular Council. Moved By John Durley NOTWITHSTANDING, the fact that each major user group of the Town of Pelham Meridian Community Centre has signed an Agreement for the use of the Community Centre; AND WHEREAS, each major user group is entitled to unfettered operation of its own programs; AND WHEREAS, from time to time, there is a possibility that special requirements may be necessary to accommodate special events that may be hosted by one or more user groups; AND WHEREAS, flexibility in scheduling, communication, and co-operation among major user groups will go a long way to alleviate challenges which may arise during special events and / or circumstances; AND WHEREAS, a Committee made up of representatives of members of the major users group is the most convenient means by which such challenge can be addressed; BE IT RESOLVED THAT, a Major Users Group of the Town of Pelham Meridian Community Centre Committee be established; AND BE IT FURTHER RESOLVED THAT, one member of each major user group be appointed to serve on this Committee to represent each group; AND BE IT FURTHER RESOLVED THAT, a staff member be appointed to Chair this Committee; AND BE IT FURTHER RESOLVED THAT, a member of Town of Council be appointed to sit on this Committee (Ex Officio); AND BE IT FURTHER RESOLVED THAT, a specific Terms of Reference be established to govern the activities conducted by this Committee and that staff bring the 10

11 Terms of Reference forward to the next regularly scheduled meeting of Council Motion Re Establishment of Hospitality Advisory Committee Moved By Gary Accursi Seconded By John Durley WHEREAS, the Town of Pelham has a new Community Centre which has facilities previously unavailable to it; AND WHEREAS, the Council and Staff of the Town of Pelham wish to operate the Centre at the highest possible level of efficiency and service; AND WHEREAS, Council and Staff recognize that the new Meridian Community Centre offers opportunities not previously available to them; AND WHEREAS, Council and Staff recognize that community members offer much expertise; BE IT RESOLVED THAT, a Hospitality Advisory Committee be established; AND BE IT FURTHER RESOLVED THAT, Staff be directed to bring forward to Council s next regularly scheduled meeting a Terms of Reference for said Committee; AND BE IT FURTHER RESOLVED THAT, this Committee be charged with the responsibility to review the operations of the hospitality aspect of the Meridian Community Centre and to make recommendations to Council and Staff with respect to operations of the hospitality functions of the Meridian Community Centre including catering, alcohol sales, fees etc.; AND BE IT FURTHER RESOLVED THAT, the said Committee to be comprised of experts in the field of hospitality, a member of Staff as a resource and a member of Council (Ex Officio); AND BE IT FURTHER RESOLVED THAT, the minutes of the Committee be presented to Council on a monthly basis; and AND BE IT FURTHER RESOLVED THAT, the Committee formerly report to Council on a least a quarterly basis. 11

12 16. Matters for Committee of the Whole or Policy and Priorities Committee None 17. Matters Arising Out of Committee of the Whole or Policy and Priorities Committee None 11.2 Staff Reports Requiring Action 18. Resolution to Move in Camera None 19. Rise From In Camera Not applicable 20. Confirming By-Law Moved By Richard Rybiak Seconded By James Lane BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4039(2018) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 4th day of September, Adjournment Moved By Richard Rybiak Seconded By John Durley BE IT RESOLVED THAT this Regular Meeting of September 4, 2018 be adjourned until the next regular meeting scheduled for September 17, 2018 at 6:30 pm. Mayor: Dave Augustyn Town Clerk: Nancy J. Bozzato 12