REGULAR COUNCIL
AGENDA
 

C-12/2021 - Regular Council

Monday, July 26, 2021

5:30 P.m. - 6:30 P.m.

Town of Pelham Municipal Office - Council Chambers

20 Pelham Town Square, Fonthill

​During the ongoing global pandemic, Novel Coronavirus COVID-19, the Town of Pelham Council will continue to convene meetings in compliance with Provincial directives.  Attendance by  most Members of Council will be electronic.  Public access to meetings will be provided via Livestream  www.youtube.com/townofpelham/live and subsequent publication to the Town's website at www.pelham.ca. 

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1.

Call to Order and Declaration of Quorum

2.

Approval of Agenda

3.

Disclosure of Pecuniary Interests and General Nature Thereof

4.

Hearing of Presentation, Delegations, Regional Report

4.1

Presentations

4.1.1

COVID-19 Pandemic Update - CEMC

B. Lymburner, Community Emergency Management Co-Ordinator

4.2

Delegations

4.2.1

Jocelyn Baker representing Niagara Chapter of Trout Unlimited

The Upper Twelve Mile Creek Action Plan Update

4.2.2

Pathstone - Mental Health Clinic

Kim Rossi, Director of Philanthropy & PR, Pathstone Foundation

4.3

Report of Regional Councillor

5.

Adoption of Minutes

5.1

SC-10-2021 - Special Meeting of Council - June 21, 2021

5.2

C-11/2021 - Regular Council Meeting - June 21, 2021

6.

Business Arising from Council Minutes

7.

Request(s) to Lift Consent Agenda Item(s) for Separate Consideration

8.

Consent Agenda Items to be Considered in Block

8.1

Presentation of Recommendations Arising from COW or P&P, for Council Approval

1. PCOW-04/2021 - Public Meeting Under the Planning Act - June 14, 2021; and

2. PCOW-05/2021 - Public Meeting Under the Planning Act - July 12, 2021

8.2

Minutes Approval - Committee

8.2.1

PCOW-04/2021 - Public Meeting under the Planning Act - June ,14 2021

8.2.2

PCOW-05/2021 - Public Meeting Under the Planning Act - July 12, 2021

8.3

Staff Reports of a Routine Nature for Information or Action

8.3.1

May 2021 Financial Report, 2021-0121-Corporate Services

8.3.2

Canada Community Revitalization Fund, 2021-0129-Corporate Services

8.3.3

Recommendation Report - Second Dwelling Units, 2021-0115-Planning

8.3.4

Requirements for Hoop Houses, 2021-0126-Planning

8.3.5

Q2 2021 Corporate Services COW Report, 2021-0095-Corporate Services

8.3.6

Quarter 2 - Planning and Development COW Report, 2021-0118-Planning

8.3.7

Q2 2021 Clerks COW Report, 2021-0072-Clerks

8.3.8

Q2 2021 COW Report - Recreation Culture and Wellness, 2021-0120-Recreation

8.3.9

Public Works Cow Report July 2021, 2021-0132-Public Works

8.3.10

Fire By-Law department COW report, second quarter 2021, 2021-0123-Fire Dept

8.4

Action Correspondence of a Routine Nature

8.4.1

Request for Noise By-law Exemption - 220 Victoria Avenue, Fenwick

8.5

Information Correspondence Items

8.5.1

2020 End of Year Growth Report and 5 Year Growth Trend, PDS 23-2021

Niagara Region

8.5.2

Niagara Regional Report LNTC-C-3-2021 Niagara Transit Governance - Revised Strategies Reflecting Phase 1 Consultation

https://niagarafalls.civicweb.net/document/37002/CLK-C%202021-100%20LNTC-C%203-2021.pdf?handle=CEF13B823930470E834A1DDCEE118D09

8.5.3

Development Applications Monitoring Report PDS 24-2021 - 2020 Year End

Niagara Region

8.5.4

Resolution re: Niagara Central Dorothy Rungeling Airport

Town of Wainfleet

8.5.5

NPCA 2020 Annual Report

https://npca.ca/images/uploads/board_files/NPCA-2020_-_Annual_Report-Web.pdf

8.5.6

Ombudsman Annual Report 2020/2021

https://www.ombudsman.on.ca/resources/reports-and-case-summaries/annual-reports

8.5.7

Congratulatory Letter from the AMCTO re: E.A. Danby Award, Awarded to the Town of Pelham

8.5.8

NPCA Conservation Authorities Act Phase 1 Regulations Guide

8.5.9

Vineland Research and Innovation Centre re: Greening the Landscape Research Consortium

8.5.10

Niagara Watershed Plan - Draft for Consultation PDS 30-2021

Niagara Region 

8.5.11

Support for Town of Pelham Resolution - Accessibility Issues for Seniors

Town of West Lincoln

8.5.12

Planning Act Timelines

Lanark Highlands

8.5.13

Capital Gains Tax on Primary Residence

Town of Fort Erie, Township of Perry, Municipality of Chatham-Kent, City of Welland, County of Frontenac, Town of Scugog, Town of Plympton-Wyoming, City of Port Colborne

 

8.5.14

Request Niagara Region to Delay Official Plan Update

Town of Fort Erie

8.5.15

Elimination of LPAT

Town of Halton Hills

8.5.16

Licensing of Cannabis Operations - Previously Operating Illegally

Town of Fort Erie

8.5.17

Ministry of Municipal Affairs and Housing re Funding through the Municipal Modernization Program

8.5.18

Letter from the Honourable Sylvia Jones, Solicitor General re: Animals Left in Motor Vehicles

8.5.19

David Nicholson - ICAN International Cities Appeal

8.5.20

Request and Petition from Niagara Chapter Trout Unlimited Canada to Integrate Green Infrastructure and Low Impact Development Policy

8.5.21

Pelham Tree Conservation Society (PTCS) Proposed Revisions to the Draft Tree Maintenance Policy

8.5.22

Wally Braun Letter re: Tree Maintenance Policy

8.6

Regional Municipality of Niagara - Action Items

8.7

Committee Minutes for Information

9.

Items for Separate Consideration, if Any

10.

Presentation & Consideration of Reports

10.1

Reports from Members of Council:

10.1.1

Councillor Olson

Participation on Provincial Consultation: Strengthening Accountability for Municipal Council Members 

AMO Human Rights and Equity Workshop

10.1.2

Councillor Stewart

Parking at MCC

10.2

Staff Reports Requiring Action

10.2.1

Update on the Erosion Mitigation Project at the Storm Water Outlet at Rice Rd and Hwy 20, 2021-0125-Public Works

10.2.2

Niagara Transit Governance Report - July 2021, 2021-0127-Chief Administrator Officer

10.2.3

Proposed Pelham Mental Health Walk in Clinic for youth, 2021-0130-Recreation

11.

Unfinished Business

11.1

Public Works Policy for Tree Maintenance , 2021-0128-Public Works

12.

New Business

13.

Presentation and Consideration of By-Laws

1. By-Law 4361(2021) - Being a by-law to amend By-law No. 4270(2020), as amended, being a By-law to Require the Wearing of Face Coverings in Enclosed Public Places and in Enclosed Common areas of Multi-unit, Residential Private Buildings During the COVID-19 Pandemic, to extend until the revocation, repeal or removal of requirements related to the wearing of face coverings as may be prescribed by orders issued pursuant to the Reopening Ontario Act, 2020, S.O. 2020

2. By-law 4362(2021) - Being a by-law to amend By-law No. 4107(2019), as amended, and By-law No. 4107(2019, as amended, being by-laws to govern the proceedings of the Town of Pelham Council, its Committees, the conduct of its members and the calling of meetings, to provide for Electronic Meeting Participation for the Council of the Town of Pelham, the Committee of Adjustment and Advisory Committees.

3. By-law 4363(2021) - Being a by-law to exempt Blocks 43 & 44 on Plan 59M-471, municipally known as 58, 60, 62, 64, 66, 68, 70 & 72 Summersides Boulevard, from part lot control. River Estates Phase 2 Subdivision. (River Realty Development (1976) Inc.). File No. PLC 03-2021

4. By-law 4364(2021) - Being a by-law to exempt Blocks 29 & 35 on Plan 59M-476, municipally known as 48, 50, 52, 54 & 56 and 53, 55, 57 and 59 Lymburner Street, from part lot control. Saffron Meadows Phase 2 Subdivision (Hert Inc.) File No. PLC 02-2021

14.

Motions and Notices of Motion

14.1

Motion Re: Rescind Previous Decision - Transfer of Operating Authority Niagara Central Dorothy Rungeling Airport and Niagara District Airport

Moved by Councillor Haun

Seconded by Councillor Stewart

WHEREAS Town of Pelham Council approved a motion on July 20th, 2015 supporting the common position resolution regarding the uptake of governance and the transfer of operating authority of the Niagara Central Dorothy Rungeling Airport (NCDRA) and Niagara District Airport (NDA); and

WHEREAS  the NCDRA Commission can be self-sustaining under proper management;

THEREFORE BE IT RESOLVED THAT the Council of the Town of Pelham rescinds the approved motion of council regarding the uptake of governance for the transfer and operating authority of the NCDRA and NDA to the Niagara Region; 

AND THAT Town of Pelham Council approves retaining the governance and ownership of NCDRA; 

AND THAT a copy of this resolution be forwarded to the City of Welland, City of Port Colborne and Township of Wainfleet for consideration and support; 

AND FURTHER THAT a copy of this resolution be forwarded to the Niagara Region and Niagara Municipalities for support.

14.2

Motion - Unflood Ontario

Mover:                 Councillor Olson

Seconder:            Councillor Wink

WHEREAS the Town of Pelham Council has identified combating climate change by use of best practices and community education as a strategic priority;

AND WHEREAS Unflood Ontario is an organization dedicated to using natural infrastructure to reduce flooding, lessen water pollution and prepare Ontario for climate change;

AND WHEREAS the Town of Pelham is affected by severe weather events, Great Lake spill over affects, and urban runoff;

AND WHEREAS the Town of Pelham Council wishes to explore the potential opportunity of joining Unflood Ontario as a member and using natural infrastructure to reduce flooding, lessening water pollution and preparing for climate change;

NOW THEREFORE BE IT RESOLVED that Council direct staff to investigate the potential opportunity of joining Unflood Ontario as a member, the benefits related to said membership and to report back to Council by September 20, 2021.

15.

Matters for Committee of the Whole or Policy and Priorities Committee

16.

Matters Arising Out of Committee of the Whole or Policy and Priorities Committee

17.

Resolution to Move in Camera

BE IT RESOLVED THAT the next portion of the meeting be closed to the public in order to consider a matter under Section 239 (2) of the Municipal Act, as follows:

(i) - a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; j) - a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; and (k) - a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (1 item)

18.

Rise From In Camera

19.

Confirming By-Law

20.

Adjournment