C-01/2018 Monday, January 15, :30 PM Town of Pelham Municipal Office - Council Chambers 20 Pelham Town Square, Fonthill

Transcription

1 Meeting #: Date: Time: Location: C-01/2018 Monday, January 15, :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 Marc MacDonald Teresa Quinlin Others Present GM BluePlan 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 Peter Papp Seconded By Gary Accursi BE IT RESOLVED THAT the agenda for the January 15, 2018 Regular meeting of Council be adopted 1

2 Amendment: Moved By Richard Rybiak Seconded By Gary Accursi THAT the agenda be amended by the addition of correspondence from Glen Robins dated January 13, 2018 regarding the NPCA Living Landscape documents. Amendment: Moved By Gary Accursi Seconded By Peter Papp THAT correspondence received from Sullivan Mahoney and from Upper Canada Consultants regarding Official Plan Amendment No. 5 EF Low Density be added to the agenda, Item Amendment: Moved By Gary Accursi Seconded By James Lane That the agenda be re-ordered to allow Item to be considered following Item Moved By Peter Papp Seconded By Gary Accursi BE IT RESOLVED THAT the agenda for the January 15th, 2018 Regular meeting of Council be adopted as amended. 1. Correspondence from G. Robins 2. Correspondence from Sullivan Mahoney and Upper Canada Consultants 3. Re-order to consider after Disclosure of Pecuniary Interests and General Nature Thereof Mayor Augustyn declared a conflict on item as he has relatives living directly adjacent to the planning area under consideration. 2

3 There were no further disclosure of pecuniary interests by any of the members present. 5. Hearing of Presentation, Delegations, Regional Report 5.1 Tax Write-Off Under Municipal Act, Section 357 & 358 No one was present to address this matter. Moved By Gary Accursi Seconded By Richard Rybiak BE IT RESOLVED THAT Council receive the Taxes Written- Off Report from the Corporate Services Department; and THAT Council approve the Taxes Written-off in the amount of as per the Municipal Act, Section 357 & 358, having a total amount of $3, Hearing of Presentation, Delegations, Regional Report 5.2 Presentations GM BluePlan Engineering Representatives from GM BluePlan Engineering provided the comprehensive drainage study report, a copy available through the Clerk. BE IT RESOLVED THAT Council receive the Public Works report Town-Wide Drainage Study for information and that Council receive the report presented by GM BluePlan Engineering. 6. Adoption of Minutes Moved By James Lane Seconded By Richard Rybiak BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-22/ Regular Council Minutes, December 18, SC-32/ Special Council Minutes, December 18, Business Arising from Council Minutes Nil 3

4 8. Request(s) to Lift Consent Agenda Item(s) for Separate Consideration The following items were lifted for separate consideration: Item NPCA Living Landscape Item St. Catharines Resolution - NPCA Legal Costs Item St. Catharines - NPCA Appointment of Supervisor Item St. Catharines - Women in Local Government Item Regional Niagara 2018 Operating Budget - Police 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 SCOW, for Council Approval BE IT RESOLVED THAT Council approve the recommendations arising from the SCOW-06/2017 Special Committee of the Whole Public Meeting under the Planning Act, December 11, 2017, as presented. 9.2 Minutes Approval Committee BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. P&P=08/2017 Policy and Priorities Committee Meeting Minutes, December 18, Staff Reports of a Routine Nature for Information or Action Town-Wide Drainage Study BE IT RESOLVED THAT Council receive the Public Works report, Town- Wide Drainage Study, for information. (Considered following 5.2.1) 9.5 Information Correspondence Items: BE IT RESOLVED THAT the following Correspondence Items be received for information: Regional Council Commercial and Industrial Sub-Class Tax Rate Reductions and Rebates CSD BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 12, 2017, regarding Report CSD , dated November 29, 2017, respecting Commercial and Industrial Sub-Class Tax Rate Reductions and Rebates, for information Regional Council Opioid Update: Local Opioid Work PHD BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 12, 2017 regarding Report PHD , dated November 28,

5 respecting Opioid Update, Local Opioid Work, for information Regional Council Mid-Year 2017 Growth Monitoring Report PDS BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 12, 2017 regarding Report PDS , dated November 29, 2017 respecting Niagara Region Mid-Year 2017 Growth Monitoring Report, for information Regional Council Regional Official Plan Amendment No. 13(ROPA 13) Transportation Policies PDS BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 12, 2017 regarding Report PDS , dated November 29, 2017 respecting Public Meeting Report Regional Official Plan Amendment No. 13 (ROPA 13) - Transportation Policies, for information Regional Council High Level Official Plan Process Framework PDS BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 12, 2017 regarding Report PDS , dated November 29, 2017, respecting High Level Official Plan Process Framework, for information Regional Council NPCA The Living Landscape Draft Policy Document Review PDS BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 12, 2017, regarding Report PDS , dated November 29, 2017, respecting Niagara Peninsula Conservation Authority "The Living Landscape" Draft Policy Document Review, for information. (lifted for separate consideration) Regional Council 2018 Proposed Operating Budget Niagara Regional Police Service BRC-C BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 12, 2017 regarding correspondence from D. Reid, Executive Director, Police Services Board, dated November 3, 2017, respecting 2018 Proposed Operating Budget Niagara Regional Police Service and Police Services Board, for information. (lifted for separate consideration) By-law to Change Composition of Regional Council BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 20, 2017 regarding a Notice of Triple Majority - By-law to Change Composition of Regional Council by adding an additional Member for the Township of West Lincoln, for information City of St. Catharines Resolution Re: NPCA Disclosure of Legal Costs BE IT RESOLVED THAT Council receive correspondence from the City of St. Catharines, dated January 2, 2018, respecting Niagara Peninsula Conservation Authority, Disclosure of Legal Costs, for information. (lifted for 5

6 separate consideration) City of St. Catharines Resolution RE: NPCA Appointment of Supervisor BE IT RESOLVED THAT Council receive correspondence from the City of St. Catharines, dated January 2, 2018 regarding a resolution requesting the Premier of Ontario to immediately appoint a Supervisor to the Niagara Peninsula Conservation Authority, for information. (lifted for separate consideration) City of St. Catharines Resolution: Women in Local Government BE IT RESOLVED THAT Council receive correspondence from the City of St. Catharines, dated January 9, 2018, respecting the representation of Women in Local Government, for information. (lifted for separate consideration) City of St. Catharines Resolution: National Day of Action on Violence Against Women and Call for Increased Funding BE IT RESOLVED THAT Council receive correspondence from the City of St. Catharines, dated January 4, 2018 regarding a resolution to support National Day of Action on Violence Against Women and Call to the Federal and Provincial Governments to Increase Funding, for information Ministry of Agriculture, Food and Rural Affairs Agricultural Drainage Infrastructure Program BE IT RESOLVED THAT Council receive correspondence from the Ministry of Agriculture, Food and Rural Affairs dated December 20, 2017 regarding the Agriculture Drainage Infrastructure Program, for information Ministry of Municipal Affairs Bill 59 Update BE IT RESOLVED THAT Council receive correspondence, dated December 15, 2017 from the Ministry of Municipal Affairs regarding an update on Bill 59, Putting Consumers First Act (Consumer Protection Statute Law Amendment), for information Ministry of Transportation Gas Tax Allocation BE IT RESOLVED THAT Council receive correspondence from the Ministry of Transportation, dated December 19, 2017 regarding a Letter of Agreement between the Province of Ontario and the Town of Pelham related to funding provided by the Province to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program, for information Ontario Minister of Finance Re: Lawful Use, Sale and Distribution of Recreational Cannabis BE IT RESOLVED THAT the Council receive correspondence from the Minister of Finance, Charles Sousa, regarding an update on the provincial work underway to establish a retail and distribution channel for cannabis, for information. 9.7 Committee Minutes for Information Pelham Seniors Advisory Committee Minutes, November 1, 2017 BE IT RESOLVED THAT Council receive the Pelham Seniors Advisory Committee minutes, dated November 1, 2017, for 6

7 information Mayor s Youth Advisory Council Minutes, November 28, 2017 BE IT RESOLVED THAT Council receive the Mayor s Youth Advisory Committee minutes, dated November 28, 2017, for information. 10. Items for Separate Consideration, if Any 10.1 Regional Council - NPCA "The Living Landscape" Draft Policy Document Review PDS BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 12, 2017, regarding Report PDS , dated November 29, 2017, respecting Niagara Peninsula Conservation Authority "The Living Landscape" Draft Policy Document Review, for information. Amendment: Moved By Gary Accursi Seconded By Richard Rybiak THAT the motion be amended as follows: THAT Council for the Town of Pelham receive, endorse and support the comments as outlined in correspondence submitted by Mr. Glen Robins and that the January 13, 2018 correspondence from this resident be forwarded to the Region of Niagara and the Niagara Peninsula Conservation Authority specifically seeking clarity on the following: Consistency & Alignment Setbacks ( ) The authority on issuing of permits regarding spill areas ( ) Watercourse buffer zones ( ) Section Technical Application of the Policies and Regulation The 100 year flood vs. Regional Flood is not clear (4.1.1) Erosion Allowance inconsistency ( & ) Section 8 and THAT this resolution be circulated specifically to the City of Welland and the Township of Wainfleet for support; and 7

8 THAT the Town of Pelham request the NPCA to recirculate the Living Landscape policy document after amendments are complete and prior to final adoption to allow for follow-up comments by the Region and by Local Area Municipalities. Amendment: BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 12, 2017, regarding Report PDS , dated November 29, 2017, respecting Niagara Peninsula Conservation Authority "The Living Landscape" Draft Policy Document Review; and THAT Council for the Town of Pelham receive, endorse and support the comments as outlined in correspondence submitted by Mr. Glen Robins and that the January 13, 2018 correspondence from this resident be forwarded to the Region of Niagara and the Niagara Peninsula Conservation Authority specifically seeking clarity on the following: Consistency & Alignment Setbacks ( ) The authority on issuing of permits regarding spill areas ( ) Watercourse buffer zones ( ) Section Technical Application of the Policies and Regulation The 100 year flood vs. Regional Flood is not clear (4.1.1) Erosion Allowance inconsistency ( & ) Section 8; and THAT this resolution be circulated to the City of Welland and the Township of Wainfleet for support; and THAT the Town of Pelham request the NPCA to recirculate the Living Landscape policy document after amendments are complete and prior to final adoption to allow for follow-up comments by the Region and by Local Area Municipalities. 8

9 10.2 Regional Council Proposed Operating Budget Niagara Regional Police Service BRC-C BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 12, 2017 regarding correspondence from D. Reid, Executive Director, Police Services Board, dated November 3, 2017, respecting 2018 Proposed Operating Budget Niagara Regional Police Service and Police Services Board, for information. Amendment: Moved By Richard Rybiak Seconded By Peter Papp THAT the motion be amended to receive and send a request to the NRP Service for information on the radio system and how it impacts the Town of Pelham in relation to radio dispatch for Fire Department. Moved By Richard Rybiak Seconded By Peter Papp BE IT RESOLVED THAT Council receive correspondence from the Niagara Regional Municipality, dated December 12, 2017 regarding correspondence from D. Reid, Executive Director, Police Services Board, dated November 3, 2017, respecting 2018 Proposed Operating Budget Niagara Regional Police Service and Police Services Board; and THAT staff be directed to request information from the NRP Service respecting the radio system and how it impacts the Town of Pelham in relation to radio dispatch for Fire Department City of St. Catharines Resolution Re: NPCA - Disclosure of Legal Costs Although a motion to endorse this resolution was made, a seconder was not forthcoming. 9

10 BE IT RESOLVED THAT Council receive correspondence from the City of St. Catharines, dated January 2, 2018, respecting Niagara Peninsula Conservation Authority, Disclosure of Legal Costs, for information City of St. Catharines Resolution Re: NPCA - Appointment of Supervisor Although a motion to endorse and support this resolution was made, a seconder was not forthcoming. BE IT RESOLVED THAT Council receive correspondence from the City of St. Catharines, dated January 2, 2018 regarding a resolution requesting the Premier of Ontario to immediately appoint a Supervisor to the Niagara Peninsula Conservation Authority, for information City of St. Catharines Resolution: Women in Local Government BE IT RESOLVED THAT Council receive correspondence from the City of St. Catharines, dated January 9, 2018, respecting the representation of Women in Local Government, for information. Amendment: Moved By Richard Rybiak Seconded By Catherine King THAT in addition to receiving the St. Catharines motion, staff be directed to create a similar motion to look at ways of promoting more ways to involve women in local politics similar to the St. Catharines motion to increase the involvement of women, after the 2018 municipal election, and to undertake similar initiative in Pelham. BE IT RESOLVED THAT Council receive correspondence from the City of St. Catharines, dated January 9, 2018, 10

11 respecting the representation of Women in Local Government; and THAT staff be directed to develop a motion to address ways of promoting the involvement of women in local politics post the 2018 municipal election - similar to the initiative undertaken by the City of St. Catharines. 11. Presentation & Consideration of Reports 11. Presentation & Consideration of Reports 11.1 Reports from Members of Council: Mayor Augustyn's Monthly Report Mayor Augustyn provided a synopsis of his January 15, 2018 Report, a copy available through the Clerk. Moved By John Durley Seconded By Catherine King BE IT RESOLVED THAT Mayor Augustyn's Report, dated January 15, 2018 be received for information Staff Reports Requiring Action Recommendation Report for a Redline Revision to Draft Plan of Subdivision (Saffron Meadows), Draft Plan of Condominium and Zoning By-law Amendment Applications Received for Part of Twp. Lot 171 (File No. 26T , 26CD & AM-09-17) 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 application File Nos. 26T , 26CD and AM regarding Part of Township Lot 171 (Saffron Meadows); and THAT Council approve the modification to the Plan of Subdivision for Saffron Meadows and that it be draft approved subject to the revised conditions in Appendix C; 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 11

12 Planning Act, provided no appeals of the decision have been lodged; and THAT, the Plan of Condominium for Saffron Common be draft approved subject to the conditions in Appendix D; 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; and THAT, Council direct Planning staff to prepare the by-law to amend the portion of the land shown as Block 83 from the site specific Residential Multiple 1 (RM1-267) and the site specific Residential Multiple 1 (RM1-274) zones to an amended site specific Residential Multiple 1 (RM1-267) zone for Council s consideration Recommendation Report Official Plan Amendment No. 5 EF Low Density Residential Designation and EF Medium Density Residential Designation BE IT RESOLVED THAT Council receive this Community Planning and Development Report regarding Official Plan Amendment No. 5, East Fonthill Low Density Residential designation; and THAT Council approve Official Plan Amendment No. 5. Amendment: Moved By Peter Papp Seconded By James Lane THAT the motion be amended to include receipt of correspondence from Sullivan Mahoney, LLP and Upper Canada Consultants regarding this matter. Amendment: Moved By Gary Accursi Seconded By Richard Rybiak 12

13 THAT the motion be amended to direct staff to proceed with Official Plan Amendment No. 5 as it pertains to density provisions; and THAT staff be directed to initiate a new amendment process with regard to the rear laneway provisions in the East Fonthill Medium Density provisions. BE IT RESOLVED THAT Council receive this Community Planning and Development Report regarding Official Plan Amendment No. 5, East Fonthill Low Density Residential designation; and THAT Staff be directed to proceed with Official Plan Amendment No. 5 as it pertains to density provisions; and THAT Staff be directed to initiate a new amendment process with regard to the rear laneway provisions in the East Fonthill Medium Density Provisions; and THAT Council receive correspondence from Sullivan Mahoney, LLP and Upper Canada Consultants in this regard Recommendation Report Regarding East Fonthill Open Space (EF-OS) Zone File AM Moved By John Durley Seconded By Catherine King BE IT RESOLVED THAT Council receive this Community Planning and Development Report regarding rezoning lands in East Fonthill; and THAT Council adopt the proposed zoning by-law amendment Oak Haven Draft Plan of Subdivision Status Report File 26T Mayor Augustyn vacated the Council Chamber at this point in the meeting due to the previously disclosed pecuniary interest. Deputy Mayor, Councillor Papp, assumed the Chair for this portion of the meeting. The Mayor did not participate in the discussion or voting on this item. 13

14 Moved By James Lane BE IT RESOLVED THAT Council receive this report of the Community Planning and Development Department and the recommendations contained therein be approved as follows: THAT Council supports the use of the unopened Memorial Drive road allowance for the consideration of a pumping station serving the northwest area of Fenwick including the Oak Haven subdivision and for consideration of a storm sewer servicing the proposed Oak Haven subdivision Dedicated Gas Tax Fund for Public Transportation Program Agreement The Mayor returned to the Chamber and reassumed the Chair. Moved By Gary Accursi Seconded By Richard Rybiak BE IT RESOLVED that Council receive the summary report, Dedicated Gas Tax Fund for Public Transportation Program Agreement; and THAT COUNCIL authorizes the Mayor & Clerk to sign the Letter of Agreement and authorizing Municipal By-law Ontario Sport and Recreation Communities Fund Application Moved By James Lane Seconded By Richard Rybiak BE IT RESOLVED THAT Council receive the concept sheet How Might We apply for funding through the Ontario Sport and Recreation Communities Fund for programs focusing on Older Adults and Seniors; and THAT the Town of Pelham supports the initiatives included in the concept sheet for the proposed application. 14

15 Senior Active Living Centre Program Expansion Call for proposals Moved By Gary Accursi Seconded By Richard Rybiak BE IT RESOLVED THAT Council receive the Concept sheet How Might We designate the Pelham Community Centre as a Senior Active Living Centre by the Ministry of Senior Affairs; and THAT the Town of Pelham is committed to contribute a minimum of 20% of the program by maintaining and operating the new Community Centre and making it available to Pelham Seniors for an abundance of activities. 12. Unfinished Business Nil 13. New Business Nil 14. Presentation and Consideration of By-Laws Moved By Richard Rybiak Seconded 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 #3954 (2018) - Being a by-law to provide for an interim tax levy for the year By-law #3955 (2018) - Being a by-law to amend By-law #3578(2015) confirming various appointments to Boards, Commissions, and Committees of the Town of Pelham; And to amend Schedule O to the Bylaw, Pelham Public Art Advisory Committee; And to appoint Mary Powley to the Pelham Public Art Advisory Committee (Schedule O ). And to remove Greta Hildebrand from the Pelham Public Art Advisory Committee (Schedule O ). 3. By-law #3956 (2018) - Being a By-law to authorize the execution of an Agreement with Her Majesty The Queen In Right of the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario Dedicated Gas Tax Funds

16 4. By-law #3957 (2018) - Being a by-law to assume the subdivision known as The Orchards Subdivision and to designate the streets as shown on Registered Plan 59M-352 as public highways and to name the street accordingly. 5. By-law #3958 (2018) - Being a by-law to authorize the execution of a site plan agreement for the lands located at 1050 Canboro Road Ontario Inc. & Ontario Inc. (United Floral Distributors). 6. By-law #3959 (2018) - Being a by-law to assume the subdivision known as Kunda Park Extension 3 Subdivision and to designate the streets as shown on Registered Plan 59M-189 as public highways and to name the street accordingly. Amendment: Moved By James Lane THAT the Agreement to By-law 3958(2018) be amended to stipulate that the use of refrigerated trucks and/or trailers that are used for storage of product are to be located away from the residential dwellings to the north and east while the trucks are running/in operation, and that appropriate notes be added to the site plan to illustrate the acceptable temporary parking area for refrigeration units. Moved By Richard Rybiak Seconded 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 #3954 (2018) - Being a by-law to provide for an interim tax levy for the year By-law #3955 (2018) - Being a by-law to amend By-law #3578(2015) confirming various appointments to Boards, Commissions, and Committees of the Town of Pelham; And to amend Schedule O to the Bylaw, Pelham Public Art Advisory Committee; And to appoint Mary Powley to the Pelham Public Art Advisory Committee (Schedule O ). And to remove Greta Hildebrand from the Pelham Public Art Advisory Committee (Schedule O ). 16

17 3. By-law #3956 (2018) - Being a By-law to authorize the execution of an Agreement with Her Majesty The Queen In Right of the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario Dedicated Gas Tax Funds By-law #3957 (2018) - Being a by-law to assume the subdivision known as The Orchards Subdivision and to designate the streets as shown on Registered Plan 59M-352 as public highways and to name the street accordingly. 5. By-law #3958 (2018) - Being a by-law to authorize the execution of a site plan agreement - as amended - for the lands located at 1050 Canboro Road Ontario Inc. & Ontario Inc. (United Floral Distributors). 6. By-law #3959 (2018) - Being a by-law to assume the subdivision known as Kunda Park Extension 3 Subdivision and to designate the streets as shown on Registered Plan 59M-189 as public highways and to name the street accordingly. 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 There was no in camera component scheduled. 19. Rise From In Camera Not Applicable. 20. Confirming By-Law BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: 17

18 Being a By-law No. 3961(2018) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 15th day of January, Adjournment Moved By Richard Rybiak Seconded By James Lane BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for February 5, 2018 at 6:30 pm. Mayor: Dave Augustyn Town Clerk: Nancy J. Bozzato 18