Meeting #: Date: Time: Location: Members Present: Staff Present: Others Present C-19/2016 Monday, September 19, 2016 6:30 PM Town of Pelham Municipal Office - Council Chambers 20 Pelham Town Square, Fonthill Dave Augustyn Richard Rybiak Catherine King John Durley Peter Papp Gary Accursi Marvin Junkin Darren Ottaway Nancy Bozzato Vickie vanravenswaay Ana McKnight Craig Genesse, By-law and Enforcement Officer Brian Baty, Regional Councillor Interested Citizens Wayne Campbell, Pelham News Nate Smelle, Voice of Pelham Richard Ewtuchovich - Cogeco 1. Call to Order and Declaration of Quorum Noting that a quorum was present, the Mayor Called the meeting to order at approximately 6:30 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 Marvin Junkin BE IT RESOLVED THAT the agenda for the September 19, 2016 Regular meeting of Council be adopted as circulated. 1
4. Disclosure of Pecuniary Interests and General Nature Thereof There were no pecuniary interests disclosed by any of the members present. 5. Hearing of Presentation, Delegations, Regional Report 5.1 Presentations 5.1.1 Update on East Fonthill and Pelham Community Centre The Chief Administrative Officer presented an East Fonthill, Pelham Community Centre Update. A copy of the presentation is available through the Clerk. Moved By Marvin Junkin BE IT RESOLVED THAT the East Fonthill/Pelham Community Centre update presentation by the Chief Administrative Officer, be received for information. 5.3 Report of Regional Councillor Regional Councillor Baty presented his September 19th, 2016 report, a copy of which is available through the office of the Clerk. Moved By Catherine King Seconded By Richard Rybiak BE IT RESOLVED THAT the September 15, 2016 report submitted by Regional Councillor Baty, be received for information. 6. Adoption of Minutes 6.1 C-18/2016 - Council Minutes Moved By Catherine King 2
BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-18/2016 Regular Meeting of Council, September 6, 2016. 7. 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 9.4.1 - Voice of Pelham Response to Summerfest Committee (Councillor Accursi) Item 9.5.1 - Pelham Library Letter to Ministry of Tourism - Broadband Funding (Councillor Accursi) Item 9.3.1 - Amendment to Sign By-law (Councillor Rybiak) 9. Consent Agenda Items to be Considered in Block 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 or P&P for Council Approval 9.1.1 Recommendations Arising from COW-13/2015 Committee of the Whole, September 6, 2016 BE IT RESOLVED THAT the Recommendations arising from Committee of the Whole COW-13/2016, September 6, 2016 meeting and the 2017 Budget Schedule attached be received and approved. 9.2 Minutes Approval Committee 9.2.1 COW-13/2016 Committee of the Whole September 6, 2016 9.3 Staff Reports of a Routine Nature for Information or Action 9.3.1 Amendment to Sign By-law 3310(2012) BE IT RESOLVED THAT Council receive the report Amendment to Sign Bylaw; AND THAT Council consider amending By-law 3310(2012). (Lifted for separate consideration) 9.3.2 Proposed 2017 Council and Committee Schedule 3
BE IT RESOLVED THAT Council approve the 2017 Council Meeting Schedule, as appended to this report. 9.3.3 Information Report Regarding the Lot 177 Secondary Plan BE IT RESOLVED that Council receive this Department of Community Planning and Development report for information as it pertains to the Lot 177 Secondary Plan; AND THAT, Council direct staff to initiate the official plan amendment process to finalize the Lot 177 Secondary Plan. 9.3.4 Pelham Summerfest Committee working session with Business Community Update BE IT RESOLVED THAT Council receive the Issue Summary Report, Pelham Summerfest Committee Working Session with Business Community Update. 9.4 Action Correspondence of a Routine Nature 9.4.1 Voice of Pelham Response to Summerfest Committee BE IT RESOLVED THAT Council receive the September 10, 2016 letter from the Voice of Pelham being a response to the Summerfest Committee letter; and THAT the correspondence be forwarded to the Summerfest Committee. (Lifted for Separate Consideration) 9.4.2 Request to Waive Hall Rental Fee Cabar-EH Youth Theatre for Pelham Cares BE IT RESOLVED THAT Council receive the correspondence from Jenny Dean, Owner of Cabar-EH Youth Theater requesting that Council waive a rental fee of $188.26 =HST; AND THAT Council approve the request. 9.4.3 Historical Dwelling 1410 Highway 20 BE IT RESOLVED THAT Council receive the September 13, 2016 correspondence from Mrs. Chris Goulden regarding the dwelling known municipally as 1410 Highway 20; and THAT the correspondence be forwarded to Planning Staff for review and report regarding the potential for a historical designation and preservation. 9.5 Information Correspondence Items 9.5.1 Pelham Library letter to Ministry of Tourism Regarding Broadband Funding (lifted for separate consideration) 9.5.2 Inter-Municipal Transit Working Group Update 9.5.3 Township of North Dundas Resolution to Reinstate the Rural Economic Development Fund 9.5.4 Municipality of Hastings Highlands Support for Bill 171, Highway Traffic Amendment Act 9.5.5 Ministry of Energy Banning Door-to-Door Sales 9.5.6 A. Hansler Comments on Zoning By-law Regarding Rural/Farm Zoning 9.5.7 Transport Canada Grade Crossings Railway Safety Act 9.5.8 Pelham Historical Society 9.6 Regional Municipality of Niagara Action Items None. 4
9.7 Committee Minutes for Information 9.7.1 Pelham Seniors Advisory Committee Minutes May 4, 2016 9.7.2 Pelham Seniors Advisory Committee Minutes June 1, 2016 10. Items for Separate Consideration, if Any 10.1 Amendment to Sign Bylaw 3310 (2012) BE IT RESOLVED THAT Council receive the report Amendment to Sign By-law, AND THAT Council consider amending By-law 3310(2012). BE IT RESOLVED THAT the report regarding a proposed Amendment to the Town of Pelham Sign By-law be referred back to staff; and THAT staff be directed to come back to Council with a recommendation for a maximum sign size that may better serve the Town's purposes, and include a review and recommendations on other aspects of the sign by-law that may need to be addressed to ensure the by-law has provisions to preserve and protect the character of the Town. 10.2 Voice of Pelham Response to Summerfest Committee BE IT RESOLVED that Council receive the September 10, 2016 letter from the Voice of Pelham being a response to the Summerfest Committee letter; and THAT the correspondence be forwarded to the Summerfest Committee. 5
Seconded By John Durley THAT the motion be amended by adding the following paragraph: "and THAT Staff be directed to arrange a meeting with the Voice of Pelham Board of Directors, Publisher and Editor, together with representatives of the Town of Pelham Senor Staff, the Mayor and Councillor Accursi as the Council representative on the Summerfest Committee, with a view toward clearing the air of issues that exist, or do not exist, so that we might move forward for the betterment of this entire community." BE IT RESOLVED that Council receive the September 10, 2016 letter from the Voice of Pelham being a response to the Summerfest Committee letter; and THAT the correspondence be forwarded to the Summerfest Committee; and THAT Staff be directed to arrange a meeting with the Voice of Pelham Board of Directors, Publisher and Editor, together with representatives of the Town of Pelham Senor Staff, the Mayor and Councillor Accursi as the Council representative on the Summerfest Committee, with a view toward clearing the air of issues that exist, or do not exist, so that we might move forward for the betterment of this entire community 10.3 Pelham Library - Letter to Ministry of Tourism Regarding Broadband Funding BE IT RESOLVED THAT Council receive the letter from the Pelham Public Library addressed to the Ministry of Tourism, dated August 31, 2016 for information. 6
THAT the motion be amended to receive, endorse and support the Library Board's recommendation to the Minister; and THAT a letter of support be submitted to the Tourism Minister regarding Broadband Funding. BE IT RESOLVED THAT Council receive the letter from the Pelham Public Library addressed to the Ministry of Tourism, dated August 31, 2016 for information.; and THAT Council endorse and support the Library Board's recommendation to the Minister; and THAT a letter of support be submitted to the Tourism Minister regarding Broadband Funding. 11. Presentation & Consideration of Reports 11.1 Reports from Members of Council: 11.1.1 Mayor's Report - September 19, 2016 Seconded By John Durley BE IT RESOLVED THAT Mayor Augustyn's Report dated September 19, 2016 be received for information. Seconded By Peter Papp 7
THAT the motion be amended by adding the following: and THAT staff be directed to consult with Ball Construction and, if feasible, initiate an RFP for solar panels for the roof of the Pelham Community Centre for submission by October 31, 2016. Seconded By John Durley BE IT RESOLVED THAT Mayor Augustyn's Report dated September 19, 2016 be received for information; and THAT staff be directed to consult with Ball Construction and, if feasible, initiate an RFP for solar panels for the roof of the Pelham Community Centre for submission by October 31, 2016. 11.2 Staff Reports Requiring Action 11.2.1 Report Regarding the Request to Designate 1732 Cream Street (The Comfort House) BE IT RESOLVED THAT Council receive this Department of Community Planning and Development report for information as it pertains to the request to designate 1732 Cream Street (The Comfort House) under Part IV of the Ontario Heritage Act; AND THAT, Council consider the by-law to designate 1732 Cream Street (The Comfort House). 11.2.2 Community Beautification Committee Terms of Reference Update Seconded By Marvin Junkin 8
BE IT RESOLVED THAT Council receive the Report entitled Community Beautification Committee Terms of Reference; and THAT Council approve the updated Terms of Reference for this committee. Seconded By John Durley THAT the motion be amended by adding the word "Advisory" to the name of the Committee. Seconded By Marvin Junkin BE IT RESOLVED THAT Council receive the Report entitled Community Beautification "Advisory*" Committee Terms of Reference; and THAT Council approve the updated Terms of Reference for this committee, as amended*. 11.2.3 Budget Need Sidewalks to EL Crossley Moved By Marvin Junkin BE IT RESOLVED THAT Council receive the Report entitled Budget Need - Sidewalks to E.L.Crossley ; and THAT Council approve the extra funds required through arrangement with the Region of Niagara and transfer of unused road capital from RD-05-16 and RD-06-16. Tabled Seconded By Peter Papp 9
THAT the staff report, Budget Need - Sidewalks to E.L.Crossley - be referred back to staff; and THAT staff be directed to provide additional options that might be available, and provide additional information regarding expected utilization of the sidewalk, maintenance provisions, etc. 11.2.4 Report Regarding the Execution of the Village of East Fonthill Subdivision Agreement Moved By Catherine King BE IT RESOLVED THAT, Council receive this Department of Community Planning and Development report for information as it pertains to File No. 26T19-01014 regarding the Village of East Fonthill Subdivision; AND THAT, Council consider the by-law authorizing the Mayor and Clerk to execute the subdivision agreement between the Town of Pelham and Fonthill Gardens Inc. for the Village of East Fonthill Subdivision. 11.2.5 Report Regarding Site Plan Control for 55 Wellspring Way Seconded By Marvin Junkin BE IT RESOLVED THAT, Council receive this Department of Community Planning and Development Report for information as it pertains to site plan control regarding File No. SP-06-16, municipally known as 55 Wellspring Way; AND THAT, Council approve the site plan. 10
THAT the plans forming part of the Site Plan documents be amended to reference the Pelham Community Centre Seconded By Marvin Junkin BE IT RESOLVED THAT, Council receive this Department of Community Planning and Development Report for information as it pertains to site plan control regarding File No. SP-06-16, municipally known as 55 Wellspring Way; AND THAT, Council approve the site plan, as amended. 12. Unfinished Business 13. New Business 14. Presentation and Consideration of By-Laws Moved By Catherine King 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 3784(2016) - Being a by-law to designate the property known municipally as 1732 Cream Street, legally described as Concession 6, Part Lot 12, 59R-4007, Part 3, as being of cultural heritage value or interest. 2. By-law 3785(2016) - Being a by-law to authorize the execution of a subdivision agreement with Fonthill Gardens Inc. and the Corporation of the Town of Pelham - Village of East Fonthill Subdivision; Fonthill Gardens Inc. and the Town of Pelham, 26T 19-01014 Seconded By Peter Papp 11
THAT consideration of By-law 3786(2016) - Being a by-law to amend Sign By-law, 3310(2012) - be postponed pending further information. 15. Motions and Notices of Motion nil 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 BE IT RESOLVED THAT Council recess the In Camera portion of the meeting and reconvene immediately following the Committee of the Whole meeting scheduled for this evening. Moved By Marvin Junkin BE IT RESOLVED THAT the regular Council meeting of September 19, 2016 do now reconvene to complete the agenda. BE IT RESOLVED THAT the next portion of the meeting be closed to the public in order to consider the following: 1. Item under Section 239(2)(c) proposed or pending acquisition or disposition of land by the municipality (1 item); 2. Item under Section 239(2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (1 item); 12
3. Item under Section 239(2)(b) personal matters about an identifiable individual, including municipal employees (1 item). THAT the Rules of Procedure as contained in the Town of Pelham Procedural By-law, be suspended; AND THAT the specified meeting curfew time of 10:00 p.m. be and is hereby waived; AND THAT the remainder of the business listed on the agenda for this meeting continue to be considered until all matters have been concluded. 19. Rise From In Camera Moved By Catherine King BE IT RESOLVED THAT Council adjourn the In Camera Session and that Council do now Rise With Report. Seconded By Marvin Junkin BE IT RESOLVED THAT the Chief Administrative Officer be and is hereby authorized to undertake the directions provided during the In Camera meeting of September 19, 2016. 20. Confirming By-Law Moved By Marvin Junkin BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: 13
Being a By-law No. 3787(2016) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its regular Meeting held on the 19th day of September, 2016. 21. Adjournment Seconded By Peter Papp BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for Monday, October 3, 2016 at 6:30 pm. Mayor: Dave Augustyn Town Clerk: Nancy J. Bozzato 14