Town of Pelham Regular Council Meeting

BE IT RESOLVED THAT the agenda for the July 26, 2021 Regular meeting of Council be adopted. Amendment: Moved By Bob Hildebrandt Seconded By Marianne Stewart THAT the agenda be amended to include the addendum item number 13.1 - Additional Presentation and Consideration of By- Laws; AND THAT the agenda be amended to include an item as 14.1 - Notice of Motion for Councillor Hildebrandt. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive the COVID-19 update presentation from B. Lymburner, Fire Chief and Community Emergency Management Co-Ordinator, for information. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive the presentation and correspondence from Jocelyn Baker, JLB Environmental, regarding Upper Twelve Mile Creek, for information. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive the presentation Kim Rossi, regarding Pathstone - Mental Health Clinic, for information. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. SC-10/2021 - Special Meeting of Council - June 21, 2021; and 2. C-11/2021 - Regular Council Meeting - June 21, 2021 For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT the Consent Agenda items as listed on the July 26, 2021 Council Agenda be received and the recommendations contained therein be approved, save and except items: 8.3.3, 8.3.4, 8.5.13, 8.5.16 and 8.5.19: - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - 8.1. Presentation of Recommendations Arising from COW or P&P, for Council Approval 8.2. Minutes Approval – Committee BE IT RESOLVED THAT Council receive the following minutes for information: PCOW-04/2021 Public Meeting Under Planning Act - June 14, 2021 PCOW-05/2021 Public Meeting Under Planning Act - July 12, 2021 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 BE IT RESOLVED THAT Council receive Report #2021-0121-Corporate Services, May 2021 Financial Reports, for information. 8.3.2. Canada Community Revitalization Fund, 2021-0129-Corporate Services BE IT RESOLVED THAT Council receive Report # 2021- 0129- Corporate Services- Canada Community Revitalization Fund; for the resurfacing of the tennis courts at Centennial Park and for the new Community Event Space at Peace Park; AND THAT Council receive this report for information. 8.3.3. Recommendation Report - Second Dwelling Units, 2021-0115- Planning BE IT RESOLVED THAT Council receive Report 2

BE IT RESOLVED THAT Council receive Report 2021-0115 as it pertains to Second Dwelling Units Official Plan and Zoning By- law Amendments (file OP-AM-01-2020 and AM-04-2020); AND THAT Council declare the revisions made to the Official Plan and Zoning by-law amendments are minor in nature and that no further public meeting is required; AND THAT Council direct staff to bring the amendments to the Official Plan and Zoning By-law for Second Dwelling Units for adoption at the next Regular Council meeting. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive correspondence from Town of Fort Erie, Township of Perry, Municipality of Chatham-Kent, City of Welland, County of Frontenac, Town of Scugog, Town of Plympton- Wyoming and City of Port Colborne regarding Capital Gains Tax on Primary Residence, for information. Amendment: Moved By John Wink Seconded By Lisa Haun THAT The Motion be amended to include: AND THAT Council for the Corporation of the Town of Pelham endorse and support the resolutions from Town of Fort Erie, Township of Perry, Municipality of Chatham-Kent, City of Welland, County of Frontenac, Town of Scugog, Town of Plympton-Wyoming and City of Port Colborne regarding Capital Gains Tax on Primary Residence; AND THAT the Town Clerk is hereby directed to circulate a copy of this resolution to The Right Honourable Justin Trudeau, The Honourable Dog Ford, Premier of Ontario, Local MPPs and MPs and Local Area Clerks. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive correspondence from Town of Fort Erie regarding Licensing of Cannabis Operations, Previously Operating Illegally, for information. Amendment: Moved By Bob Hildebrandt Seconded By Ron Kore THAT The Motion be amended to include: AND THAT Council for the Corporation of the Town of Pelham endorse and support the resolutions from Town of Fort Erie; AND THAT the Town Clerk is hereby directed to circulate a copy of this resolution to The Honourable Patty Hajdu, Minister of Health Canada, Local MPs, Chief of Police, Bryan MacCulloch, Niagara Regional Police Services, Commissioner Brenda Lucki, RMCP, Federation of Canadian Municipalities and Local Area Clerks. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive correspondence from Dr. Dave Nicholson regarding the International Campaign to Abolish Nuclear Weapons Cities Appeal, for information. Amendment: Moved By Marvin Junkin Seconded By Wayne Olson THAT The Motion be amended to include: AND THAT Council for the Corporation of the Town of Pelham supports the ICAN International Cities Appeals; AND THAT the Clerk be directed to circulate a copy of this resolution to the Minister of Federal Foreign Affairs and the International Campaign to Abolish Nuclear Weapons. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Councillor Olson's Report regarding participating on provincial consultation call re: strengthening Accountability for Municipal Council Members, be received for information. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Councillor Stewart's Report regarding Parking at MCC, be received for information. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive Report #2021-0125 – Update on the Erosion Mitigation Project at the Storm Water Outlet at Rice Road and Hwy 20, for information; AND THAT Council direct staff to proceed with the project using a design, bid, build procurement strategy; AND THAT Council approve $70,000 to complete the necessary engineering and detailed design for the project out of the 2021 Capital Budget Reserves; AND THAT Council direct staff to include the cost for constructing the project for consideration as part of the 2022 Capital Budget. Amendment: Moved By Bob Hildebrandt Seconded By Lisa Haun THAT the motion be amended to include: The paragraph: “And that Council direct staff to complete further engineering studies including an updated erosion survey study of the pond outlet including the cause of the erosion including but limited to the pond outlet design” as paragraph 3; AND to include a final paragraph: “And that Staff provide regular update reports to council on the project”. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 6 1

BE IT RESOLVED THAT Council receive Report #2021-0127 – Niagara Transit Governance Report, for information. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive Report #2021-0130 – Proposed Pelham Mental Health Walk-in Clinic for Youth; AND THAT Council approve a Pathstone Mental Health Walk-In Clinic for Youth and direct staff to establish said clinic at the Meridian Community Centre in partnership with the Fenwick Lions Club, Fonthill Lions Club, the Kinsmen Club and the Pelham Library commencing September 2021; AND THAT Council direct Staff to work with local Service Clubs; private donations and fundraising for annual support to sustain the said Clinic; AND THAT Council direct any shortfall be a considered in the 2022 Operations Budget deliberations. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council refer the report back to staff to review and consider the information provided by the Pelham Tree Conservation Society and late public submission; AND THAT Staff provide a cost breakdown with respect to the said recommendations; AND THAT Staff report back to Council by September 20, 2021. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

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 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. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart (conflict) John Wink X Results 6 0

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 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. 2. 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 3. 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 For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

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 4367 (2021) - Being a by-law authorizing the Mayor and Clerk or designate to enter into an agreement with Her Majesty The Queen in Right of the Province of Ontario as represented by the Minister of Infrastructure for the purpose of Investing in Canada Infrastructure Program (ICIP): COVID-19 Resilience Infrastructure Stream – Local Government Intake Stream Projects For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

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 9:00 p.m. be and is hereby waived; AND THAT meeting curfew be waived until Council has concluded the item on the floor; AND THAT Council refer all other matters to the August 23rd, 2021 Council Meeting. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

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, our three municipal partners who have all already supported and approved this motion; AND FURTHER THAT a copy of this resolution be forwarded to the Niagara Region and Niagara Municipalities for support. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 4 3

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4366(2021) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 26th day of July, 2021. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for August 23, 2021 at 5:30 pm. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0