C-22/2017 Monday, December 18, :30 PM Town of Pelham Municipal Office - Council Chambers 20 Pelham Town Square, Fonthill

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1 Meeting #: Date: Time: Location: C-22/2017 Monday, December 18, :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 Barbara Wiens Andrea Clemencio Paula Gilbert Bob Lymburner Nancy Bozzato Vickie vanravenswaay Kirk Weaver Marc MacDonald Teresa Quinlin Charlotte Tunikaitis Others Present Members of the E.L.Crossley Art Department re Agenda Item 5.1 Members of the Pelham Public Library Board Brian Baty West Lincoln Councillors Chechalk and Rehner Interested Citizens Media 1. Call to Order and Declaration of Quorum Noting that a quorum was present, the Mayor called the meeting to order at approximately 6:37 p.m. 2. Singing of National Anthem The National Anthem was sung by those present to officially open the meeting. 3. Approval of Agenda 1

2 BE IT RESOLVED THAT the agenda for the December 18, 2017 Regular meeting of Council be adopted Amendment: Seconded By Peter Papp THAT Item be considered immediately following Item BE IT RESOLVED THAT the agenda for the December 18, 2017 Regular Meeting of council be adopted as amended. Amendment: Item to be considered immediately following Item Disclosure of Pecuniary Interests and General Nature Thereof There were no disclosures of pecuniary interests from any of the members present. 5. Hearing of Presentation, Delegations, Regional Report 5.1 Presentations Ms. Sherry Wilkinson, E. L. Crossley Visual Arts instructor, introduced the visual arts program presently being undertaken at the high school and presented the art works on display iin the Pelham municipal building. The Mayor, in company with the Deputy Mayor Councillor Papp presented certificates to the students. E. L. Crossley Art Students: Victoria Breitenbach Melanie LeBlanc Emma Fyfe Emily Shatford Ethan Hawkins Schuyler Vanderwert 5.2 Delegations Jayden Pelletier Jack Gabor Ryan Silva Sydney Alexander Theodore Collings Devon Thibodeau Marisa Giammarco 2

3 5.2.1 Township of West Lincoln - Proposed Change to Increase Composition of Regional Council West Lincoln Councillor J. Checkalk, in company with Councillor M. Rehner, presented information relating to a proposal to add a Regional representative to Regional Council for this municipality. Moved By James Lane Seconded By Peter Papp BE IT RESOLVED that Council for the Town of Pelham receive the delegation information presented by the Township of West Lincoln as it relates to a change in the Region of Niagara Council composition Proposed Increase in Composition of Regional Council - Addition of Member for Township of West Lincoln BE IT RESOLVED THAT the Municipal Council of the Town of Pelham consents to the passage of By-law No of the Regional Municipality of Niagara, being a by-law to increase the composition of Regional Council by adding an additional Councillor of the Township of West Lincoln. RECORDED VOTE: In Favour: Councillor Durley Opposed: Accursi, Lane, King, Papp, Rybiak, Augustyn Defeated Town of Pelham Library Board 2018 Budget Presentation Kirk Weaver, CEO, Pelham Public Library and Tim Wright, Library Board Member, presented the proposed 2018 Library Budget. 2

4 BE IT RESOLVED THAT Council receive the Town of Pelham Library Board 2018 Budget presentation; and THAT the information be referred for consideration during the budget deliberations. 5.3 Report of Regional Councillor Regional Councillor Baty presented a synopsis of his December report. Moved By Peter Papp Seconded By Gary Accursi BE IT RESOLVED THAT the December 7, 2017 report submitted by Regional Councillor Baty, be received for information. 6. Adoption of Minutes BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-21/ Council Meeting Minutes - December 4, SC-31/ Special Council Meeting Minutes - December 4, Business Arising from Council Minutes: Nil 8. Request(s) to Lift Consent Agenda Item(s) for Separate Consideration The following items were lifted for separate consideration: Item Port Colborne re Audit Recommendation Item Pelham Seniors Advisory Committee Item Township of Wainfleet Resolution 9. Consent Agenda Items to be Considered in Block 3

5 BE IT RESOLVED THAT the following Consent Agenda items be received and the recommendations contained therein be approved, as applicable: 9.1 Presentation of Recommendations Arising from COW, for Council Approval BE IT RESOLVED THAT Council approve the recommendations arising from the following: 1. COW-12/2017 Committee of the Whole Meeting, December 4, SCOW-06/2017 Special Committee of the Whole/Public Meeting under the Planning Act, December 11, Minutes Approval Committee BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. COW-12/2017 Committee of the Whole Meeting Minutes, December 4, SCOW-06/2017 Special Committee of the Whole/Public Meeting under the Planning Act Minutes, December 11, Staff Reports of a Routine Nature for Information or Action Year-end Building Department Report BE IT RESOLVED THAT Council receive the 2016 Building Department year-end results, for information Central Auto Niagara electronic sign approval 2017 BE IT RESOLVED THAT Council receive the report recommending approval for the erection of a new electronic sign for the business establishment known as Central Auto Niagara; and THAT Council approve the electronic sign as outlined in the Report Public Art Installation in Civic Facilities BE IT RESOLVED THAT Council receive the concept sheet how might we work with E.L. Crossley Art Department to display student art work in the Municipal Office, for information Development Agreement 190 Canboro Road (File No. DA-04-17) 4

6 BE IT RESOLVED THAT the Community Planning & Development Department Report for 190 Canboro Road (File No. DA-04-17) be received; AND THAT Council approve the by-law authorizing the Mayor and Clerk to enter into a Development Agreement with Dehaan Homes Inc. regarding 190 Canboro Road. 9.4 Action Correspondence of a Routine Nature Pelham Seniors Advisory Committee Request to Retain Land BE IT RESOLVED THAT the Council receive correspondence from the Pelham Seniors Advisory Committee, dated December 12, 2017 requesting that Council consider retaining up to 5 acres of land for diversified recreational use. (lifted) 9.5 Information Correspondence Items: BE IT RESOLVED THAT the following Correspondence Items be received for information: City of Port Colborne Resolution BE IT RESOLVED THAT Council for the Town of Pelham receive the City of Port Colborne resolution advising of their opposition to the Regional Audit Committee Recommendations regarding the Town of Pelham be received. (lifted) Ministry of Finance Re: Ontario Municipal Partnership Fund BE IT RESOLVED THAT Council receive correspondence from the Ministry of Finance dated November 20, 2017, regarding the release of the Ontario Municipal Partnership Fund municipal allocations for 2018, for information Township of Wainfleet Federal Changes to Municipal Councillor Taxation Income BE IT RESOLVED THAT Council for the Town of Pelham receive for information the Township of Wainfleet resolution of December 5, 2017 respecting Federal changes to Municipal Councilor Taxation on Income. (lifted) Responses to Proposed Change to Composition of Regional Council BE IT RESOLVED THAT Council receive, for information, correspondence from the following Municipalities, respecting responses to a proposed change to the Composition of Regional 5

7 Council Additional Representative for West Lincoln: 1. Town of Niagara-on-the-Lake 2. Town of Fort Erie 3. City of Port Colborne 4. City of Niagara Falls 5. Township of Wainfleet 9.6 Regional Municipality of Niagara Action Item Proposed Increase in Composition of Regional Council Addition of Member for Township of West Lincoln BE IT RESOLVED THAT the Municipal Council of the Town of Pelham consents to the passage of By-law No of the Regional Municipality of Niagara, being a by-law to increase the composition of Regional Council by adding an additional Councillor of the Township of West Lincoln. (considered after Item 5.2.1) 10. Items for Separate Consideration, if Any 10.1 Township of Wainfleet - Federal Changes to Municipal Councillor Taxation on Income BE IT RESOLVED THAT Council for the Town of Pelham receive for information the Township of Wainfleet resolution of December 5, 2017 respecting Federal changes to Municipal Councillor Taxation on Income. Amendment: THAT the motion be amended to indicate that Pelham will endorse and support this resolution. 6

8 BE IT RESOLVED THAT Council for the Town of Pelham receive, endorse and support the Township of Wainfleet resolution of December 5, 2017 respecting Federal changes to Municipal Councilor Taxation on Income; AND THAT a copy of this resolution be forwarded to the Township of Wainfleet, the Ontario Federation of Agriculture, local MPPs and to Cheryl Gallant, MP, Renfrew-Nipissing-Pembroke Pelham Seniors Advisory Committee - Request to Retain Land BE IT RESOLVED THAT the Council receive correspondence from the Pelham Seniors Advisory Committee, dated December 12, 2017 requesting that Council consider retaining up to 5 acres of land for diversified recreational use City of Port Colborne - Resolution re: Regional Council Approval of Audit Committee Recommendation Respecting Town of Pelham The Clerk was directed to provide a letter of appreciation to the City of Port Colborne BE IT RESOLVED THAT Council for the Town of Pelham receive the City of Port Colborne resolution advising of their opposition to the Regional Audit Committee Recommendations regarding the Town of Pelham be received. 11. Presentation & Consideration of Reports 11.1 Reports from Members of Council: There were no reports or updates from Members of Council Staff Reports Requiring Action Strategic Plan 7

9 The Chief Administrative Officer provided a synopsis of the 2018 Strategic Plan and the process undertaken for its development. Seconded By Gary Accursi BE IT RESOLVED THAT Council receives the 2018 Strategic Plan Report and that Council approves the 2018 Strategic Plan in its entirety. 12. Unfinished Business: Nil 15. Motions and Notices of Motion: Nil 12. Unfinished Business 12.1 KPMG Forensic Investigation Report This information will be posted on the municipal website, with hard copies available for review at the library branches and Town Hall. BE IT RESOLVED THAT Council for the Town of Pelham receive the KPMG Forensic Investigation Report dated December 18, 2017; and THAT Council hereby accepts the Report and directs staff to post a copy on the Town's municipal website for the information of interested parties. Amendment: Moved By Gary Accursi Seconded By Catherine King THAT the motion be amended by adding the following: AND that the Town not move forward with a subsequent public meeting as originally proposed by Council. BE IT RESOLVED THAT Council for the Town of Pelham receive the KPMG Forensic Investigation Report dated December 18, 2017; and 8

10 THAT Council hereby accepts the Report and directs staff to post a copy on the Town's municipal website for the information of interested parties; and THAT the Town not move forward with a subsequent public meeting as originally proposed by Council. 13. New Business: Nil 14. Presentation and Consideration of By-Laws 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 following by-laws: 1. By-law No. 3945(2017) - Being a by-law authorizing the borrowing of money to meet current expenditures for the period ending December 31, 2018 and to repeal and replace Bylaw #3566(2014). 2. By-law No. 3946(2017) - Being a by-law to authorize the execution of a term loan agreement with the Niagara Central Dorothy Rungeling Airport Commission. 3. By-law No. 3948(2017) - Being a by-law to amend Zoning By-law 1136 (1987), as amended, for lands located on the west side of Clare Avenue municipally known as 1011 Clare Avenue from Residential 1 (R1) Zone to Residential 2 (R2) Zone. Tony and Rosetta Nuziato (Upper Canada Consultants) 4. By-law No. 3949(2017) - Being a by-law to amend Zoning By-law 1136 (1987), as amended, for lands located on the south side of Quaker Road municipally known as 703 Quaker Road from Residential 1 (R1) Zone to a site specific Residential Multiple 1 (RM1-281-H) Zone. Tony and Rosetta Nuziato (Upper Canada Consultants) 5. By-law No. 3950(2017) - Being a by-law to authorize the execution of a development agreement with Tony and Rosetta Nuziato (Upper Canada Consultants) 9

11 6. By-law No. 3951(2017) - Being a by-law to authorize the execution of a development agreement with DeHaan Homes Inc. 16. Matters for Committee of the Whole or Policy and Priorities Committee: Nil 17. Matters Arising Out of Committee of the Whole or Policy and Priorities Committee: Nil 18. Resolution to Move in Camera: There was no closed session scheduled. 19. Rise From In Camera: Not applicable. 20. Confirming By-Law Moved By Gary Accursi Seconded By Peter Papp BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 3952(2017) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 18th day of December, Adjournment BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for January 15, 2018 at 6:30 pm. Mayor: Dave Augustyn Town Clerk: Nancy J. Bozzato 10