REGULAR COUNCIL
AGENDA
 

C-07/2021 - Regular Council
-
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. 


B. Lymburner, Community Emergency Management Co-Ordinator

D. Cribbs, Chief Administrative Officer

1.  By-law #4338(2021) - Being a by-law to appoint an Emergency Management Control Group for the Town of Pelham, and to Repeal and Replace By-law #3874(2017);

2. By-law #4339(2021) - Being a by-law to amend By-law No. 4299(2020) to establish 2021 Fees and Charges to be collected by the Corporation of the Town of Pelham; And to amend Schedule “1”, Recreation & Culture Services.

3. By-law #4340(2021) - Being a by-law to Authorize the Execution of Grant Funding Agreements between the Town of Pelham and Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation Relating to Funding Provided as follows: $58,854 Dedicated Gas Tax Funds for Public Transportation Program 2020-2021

4. By-law #4341(2021) - Being a by-law to adopt the estimates for the Town of Pelham for its own operations for the year 2021

Referred from April 6, 2021

Moved by Councillor Stewart

Seconded by Councillor Haun

WHEREAS the Province of Ontario, through the Planning Act, requires that the Region of Niagara conduct a municipal comprehensive review (MCR) of its Official Plan whereby decisions must be made as to how all of the population and employment growth is to be accommodated in the local municipalities for the years 2031 to 2051;

AND WHEREAS since June 2019 the Province has amended a number of Provincial Statutes and policies that impact how municipalities plan for growth including the following:

• The Provincial Policy Statement,
• A Place to Grow: The Growth Plan for the Greater Golden Horseshoe,
• The Development Charges Act,
• The Planning Act,
• The Environmental Assessment Act, and
• The Conservation Authorities Act;

AND WHEREAS these significant Provincial changes include:

• reduced density targets in new greenfield development from 80 persons and jobs per hectare to 50 persons and jobs per hectare,
• reduced intensification targets from 60% beyond 2031 to 50%,
• setting minimum population and employment growth forecasts that can be exceeded subject to Provincial approval,
• extended the planning horizon from 2041 to the year 2051,
• introduced market demand as a consideration in determining the housing mix, and
• revisions to how municipalities fund growth;

AND WHEREAS these Provincial changes signal an abrupt shift from the emphasis on creating compact and complete communities to a planning regime that facilitates lower density and car dependent communities;

AND WHEREAS several Regions throughout Ontario have declared climate change emergencies and must consider the role of land use planning in their strategies to reduce their greenhouse gas emissions;

AND WHEREAS these Provincial changes create pressure to convert more class 1, 2 and 3 farmland in to urban uses than would otherwise be necessary which is contrary to Niagara’s Official Plan as it relates to the protection of the agricultural system in Niagara;

AND WHEREAS ensuring that Ontarians have access to healthy safe food in the future requires thoughtful consideration of the long term impact of converting thousands of acres of prime agricultural lands in the Greater Golden Horseshoe to urban uses;

AND WHEREAS the change of the planning horizon to 2051 by the Province means that future municipal councils and the public will have little power to change decisions where they will grow after 2031 to the 2051 planning horizon;

AND WHEREAS in the rural areas internet service is often poor, making it difficult for rural residents to participate in zoom calls;

AND WHEREAS Niagara Region has adopted a public engagement initiative for the Niagara Official Plan review that includes public surveys, stakeholder input, direct public input and a Planning Advisory Committee;

AND WHEREAS the current pandemic is making effective, in person public consultation impossible at a time when robust, informed public consultation is needed more than ever;

AND WHEREAS the nature of work has evolved in response to the pandemic which may cause long term changes to the assumptions underlying the province's Land Needs Assessment.

NOW THEREFORE BE IT RESOLVED THAT Pelham Council request the Niagara Regional Chair to write to request the Province to allow the Region to delay its final report on its Official Plan Review until proper, in person, informed consultation with the public has been conducted on the growth concepts and the preferred growth concept;

AND FURTHER THAT the Province be requested to allow the new Regional Official Plan which identifies non-discretionary components of a Regional Urban Structure that support local plans and priorities inside the current urban boundaries, exempt from the requirement for in-person consultation with the public;

AND FURTHER THAT the Province be requested to suspend the timetable for municipal conformity to the Growth Plan and the Provincial Policy Statement to ensure that the public can fully participate in the process of planning their communities for the growth planning period covering 2031 to 2051;

AND FURTHER THAT the Province suspend the deadlines it has set for conformity until the Land Needs Assessment Framework can be revisited to adjust to the significant changes to the nature of work that are reducing office space and parking space needs.

AND FURTHER THAT this resolution be circulated to Premier Doug Ford, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, Niagara’s Local Municipalities, the Association of Municipalities of Ontario, the leaders of the Provincial opposition parties, Niagara’s MPP’s, and the Greater Golden Horseshoe municipalities.

Moved by Mayor Junkin

Seconded by Councillor Olson

WHEREAS an erosion condition present at the Headwaters of the Twelve Mile Creek has been deemed critical by experts in fish and fish habitat;

AND WHEREAS there is significant potential for increased damage to said Headwaters as a result of heavy rains;

AND WHEREAS Council for the Town of Pelham is desirous to expeditiously move forward to find solutions to resolve this erosion problem;

AND WHEREAS the Treasurer for the Town of Pelham has provided assurance that funds are available in the Roads Reserve in the amount of $60,000 to $70,000, being an estimated cost to remediate erosion problems;

NOW THEREFORE BE IT RESOLVED that Council direct staff to issue a Request for Proposals to undertake a Design/Build initiative to determine an optimal solution to identify, remediate and resolve the erosion problems at  the Headwaters of the Twelve Mile Creek, immediately north of Regional Road 20 (Highway 20);

AND THAT as the Town moves forward with said repairs, Staff be further directed to contact the Regional Municipality of Niagara, Upper Canada Consultants, Trout Unlimited and the Niagara Peninsula Conservation Authority to seek contributions toward the cost of said repairs, in consideration of the paramount environmental significance of the erosion;

AND THAT Staff provide regular update reports to Council on the project.

Moved by Councillor Olson

Seconded by Councillor Wink

WHEREAS Council for the Town of Pelham wishes to explore the potential of retrofitting solar generators at the Meridian Community Centre and all municipal structures as a power source;

AND WHEREAS Council is aware that a two ice-rink facility with solar generators is operated within Komoka within Middlesex Centre;

AND WHEREAS Council believes solar generators at the Meridian Community Centre and other municipal structures may result in cost-savings while supporting the strategic goal of supporting financial sustainability;

NOW THEREFORE BE IT RESOLVED that Council direct Staff to investigate the potential of retrofitting solar generators at the Meridian Community Centre and other municipal structures as a power source and report back to Council by June 21, 2021.

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.

Section 239(2)(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)

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