C-04/2018 Monday, March 5, :30 PM Town of Pelham Municipal Office - Council Chambers 20 Pelham Town Square, Fonthill

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1 Meeting #: Date: Time: Location: C-04/2018 Monday, March 5, :30 PM Town of Pelham Municipal Office - Council Chambers 20 Pelham Town Square, Fonthill Members Present: Richard Rybiak Catherine King John Durley Peter Papp, Deputy Mayor/Chair Gary Accursi James Lane Regrets Dave Augustyn Staff Present: Barbara Wiens Andrea Clemencio Bob Lymburner Nancy Bozzato Vickie vanravenswaay Marc MacDonald Teresa Quinlin Others Present Martin vanzon and Representatives from InterKom, Item 5.1 Dr. and Tia Taylor, Item 5.1 R. Lucchetta, E. Lucchetta, Item 5.1 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 6:30 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 Richard Rybiak 1

2 BE IT RESOLVED THAT the agenda for the March 5th, 2018 Regular meeting of Council be adopted Amendment: Moved By Richard Rybiak THAT the agenda be amended to consider Items 14.2 and 14.3 immediately following Item Moved By Richard Rybiak BE IT RESOLVED THAT the agenda for the March 5th, 2018 Regular Meeting of Council be adopted as amended. 4. Disclosure of Pecuniary Interests and General Nature Thereof The pecuniary interests disclosed are noted below. 4.1 Peter Papp - File AM Baxter Lane & 769 Welland Road - Removal of Holding (H) Provision Zoning By-law Amendment Recommendation Report The Councillor's son is an employee of the development firm; 4.2 Peter Papp - Presentation and Consideration of By-Laws The Councillor's son is an employee of the development firm. 5. Hearing of Presentation, Delegations, Regional Report 5.1 Presentations The Fundraising consultant for the Pelham Community Centre introduced the following individuals from the Pelham Business Community who have pledged significant contributions toward the Pelham Community Centre: Dr. Richard Taylor was present to make a contribution on behalf of the Erwin Taylor Charitable Foundation. Mrs. Tia Taylor on behalf of contour Foot Care, also presented a significant donation toward the Centre. Both spoke about the impressive facility and the benefits it will bring to the community. Lucchetta Homes, represented by Ed and Rob Lucchetta, noted the importance of giving back to the community that has given so much to them, and presented their donation to the facility. 5.2 Delegations None scheduled. 2

3 5.3 Report of Regional Councillor No Regional Report. 6. Adoption of Minutes Moved By Catherine King Seconded By John Durley BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. SC-04/2018 Special Council Meeting Minutes, held February 20, C-03/ Council Meeting Minutes, held February 20, Business Arising from Council Minutes: Nil 8. Request(s) to Lift Consent Agenda Item(s) for Separate Consideration No items were lifted for separate consideration. 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 P&P, for Council Approval BE IT RESOLVED THAT Council approve the recommendations arising from the P&P-02/2018 Policy and Priorities Committee Meeting, held February 20, 2018, as presented. 9.2 Minutes Approval Committee BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. P&P-02/2018 Policy and Priorities Committee Meeting Minutes, February 20, Action Correspondence of a Routine Nature Pelham Art Festival Request for Community Event Status BE IT RESOLVED THAT Council receive the correspondence, dated February 26, 2018 from Pelham Art Festival Inc.; and THAT the Community Event Status be received and the festival outlined therein be and is hereby designated as a Community Event of Municipal Significance; and THAT the Clerk be directed to so advise the Pelham Art Festival representative. 9.5 Information Correspondence Items: BE IT RESOLVED THAT the following Correspondence Items be received for information: 3

4 9.5.1 OCIF Ac Top-Up Component Decision BE IT RESOLVED THAT Council receive the February 15, 2018 Ontario Community Infrastructure Fund (OCIF) Top-Up Application Decision, for information City of Port Colborne Resolution Requesting Ontario Municipalities to Call on Minister of Environment & Climate Change to Accelerate the Application for Review of the Municipal Class Environmental Assessment Process BE IT RESOLVED THAT Council receive correspondence from the City of Port Colborne, dated February 15, 2018, regarding the Request of Ontario Municipalities to Adopt a Resolution that Calls on the Minister of Environment and Climate Change to Accelerate the Application for Review of the Municipal Class Environmental Assessment (MCEA) Process, for information Niagara Region Integrated Customer Policies Transit Services BE IT RESOLVED THAT Council receive correspondence from the Niagara Region dated, February 20, 2018 respecting their resolution, Integrated Customer Policies Transit Services LTNC-C , for information Township of Wainfleet NPCA The Living Landscape Draft Policy Document Review PDS BE IT RESOLVED THAT Council receive correspondence from the Township of Wainfleet dated, February 26, 2018, regarding Report PDS , respecting Niagara Peninsula Conservation Authority, The Living Landscape Draft Policy Document Review, for information Town of Lincoln Resolution Re Region of Niagara Motion Respecting the Town of Pelham BE IT RESOLVED THAT Council receive correspondence from the Town of Lincoln dated, February 22, 2018 regarding an endorsement of the City of Port Colborne s resolution and a Motion regarding Regional Council approval of Audit Committee Recommendations respecting the Town of Pelham s Financial Position, for information Town of Fort Erie Resolution Re Region of Niagara Motion Respecting the Town of Pelham BE IT RESOLVED THAT Council receive correspondence from the Town of Fort Erie dated, February 27, 2018 regarding a resolution objecting to the Region and its Audit Committee interfering in a local municipality s finances, for information. 9.7 Committee Minutes for Information Committee of Adjustment Minutes, July 11, 2017, August 1, 2017, and September 12, 2017 BE IT RESOLVED THAT Council receive the Committee of Adjustment minutes dated, July 11, 2017, August 1, 2017, and September 12, 2017, for information Public Art Advisory Committee Minutes, January 10, 2018 BE IT RESOLVED THAT Council receive the Pelham Art Advisory 4

5 Committee meeting minutes, dated January 10, 2018, for information. 10. Items for Separate Consideration, if Any: Not Applicable. 11. Presentation & Consideration of Reports 11.1 Reports from Members of Council: Councillor Accursi advised persons present regarding to Festivals and Events Ontario recent announcements advising that Pelham was again chosen as one of the Top 100 Festivals in Ontario. In addition, Pelham received an award for "greening" the Supper Market, as acknowledged by choosing the Supper Market as the best Greening Festival in all of Ontario Staff Reports Requiring Action File AM Baxter Lane & 769 Welland Road - Removal of Holding (H) Provision Zoning By-law Amendment Recommendation Report Peter Papp declared a conflict on this item. (The Councillor's son is an employee of the development firm) Deputy Mayor Councillor Papp vacated the Chamber at this point in the meeting due to the previously disclosed pecuniary interest. He did not participate in deliberations or voting on the matter. Councillor Rybiak assumed the Chair. Moved By James Lane Seconded By Gary Accursi BE IT RESOLVED THAT Council receives this Department of Community Planning & Development Recommendation Report as it pertains to application File No. AM 07-17, 1105 Baxter Lane & 769 Welland Road; and THAT Council adopt the by-law authorizing the removal of the Holding (H) provision on the subject lands. 12. Unfinished Business: Nil 13. New Business: None Raised 5

6 14. Presentation and Consideration of By-Laws Peter Papp declared a conflict on this item. (The Councillor's son is an employee of the development firm.) Councillor Rybiak Chaired the portion of the meeting relating to consideration of By-laws 3974(2018) and 3975(2018). Councillor Papp had vacated the Chamber due to the disclosed pecuniary interest and did not participate in deliberations or voting on the bylaws. Councillor Papp resumed the Chair for consideration of By-law 3973(2018). 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 No. 3974(2018) - Being a By-law to amend Zoning By-law 1136(1987), as amended, for lands located on Blocks 1 and 3, Plan 59M-432 being the Village of East Fonthill Subdivision from: EF-MU1 to EF-MU2; EF-OS to EF-MU2; EF-OS to EF-MU3; EF-MU1 to EF-OS; EF-MU3 to EF-OS; 2. By-law No. 3975(2018) - Being a by-law to remove the Holding (H) Provision executed via By-law No (2016) for the lands located at the northeast corner of Baxter Lane and Welland Road. Municipally known as 1105 Baxter Lane, legally described as Part of Lot 4, NP 703, and municipally known as 769 Welland Road, legally described as Part of Lots 5 & 7, NP 703; 59R Ontario Inc. (Baxter Hall);File No. AM Councillor Papp resumed the Chair at this point. 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: 6

7 1. By-law No. 3973(2018) - Being a By-law to Repeal and Replace #3840(2017) to establish 2018 Fees and Charges to be collected by the Corporation of the Town of Pelham. 15. Motions and Notices of Motion: None 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 18. Resolution to Move in Camera: No closed session. 19. Rise From In Camera: Not applicable. 20. Confirming By-Law Moved By James Lane Seconded By John Durley BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 3976(2018) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 5th day of March, Adjournment BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for March 19, 2018 at 6:30 pm. Mayor: Dave Augustyn Town Clerk: Nancy J. Bozzato 7