Town of Pelham Regular Council Meeting

THAT the agenda be amended by adding Item 18.1 - Closed Session under Section 239(2)(c) - pending acquisition/disposition of property - File L07-2017-05-S.

BE IT RESOLVED THAT the agenda for the October 2nd, 2017 Regular Meeting of Council be adopted, as amended.

BE IT RESOLVED THAT Council receive the presentation from Roger Ali, President and CEO of OneFoundation and Joe Maggiolo, Chair of Board of Directors, respecting Niagara Health and the 2017/2018 priorities for the OneFoundation, for information.

BE IT RESOLVED THAT Council receive the presentation from Bram Cotton, CEO of Niagara Sport Commission, respecting the 2018/2019 Niagara Sport Commission Supporters Program, for information.

BE IT RESOLVED THAT the September 14, 2017 report submitted by Regional Councillor Baty, be received for information.

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. SC-21/2017 - Special Council Meeting Minutes, September 11, 2017 2. SC-22/2017 - Special Council Meeting Minutes, September 18, 2017 3. C16-/2017 - Regular Council Meeting Minutes, September 18, 2017 4. SC-23/2017 - Special Council Meeting Minutes, September 20, 2017.

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 Policy & Priorities, for Council Approval BE IT RESOLVED THAT Council approve the recommendations from the P&P-05/2017 – Policy & Priorities Committee meeting, September 18, 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-05/2017 – Policy & Priorities Committee Meeting Minutes, September 18, 2017. 9.3 Staff Reports of a Routine Nature for Information or Action 9.3.1 Amendment; Terms of Reference Pelham Public Art Advisory Committee BE IT RESOLVED THAT Council receive the report, How Might We amend the Pelham Public Art Advisory Committee Terms of Reference to include MYAC and; THAT Council approves the amended Terms of Reference to include a member from the Mayor’s Youth Advisory Council. 9.3.2 Niagara Healthy Kids Community Challenge – Theme 4 - 2018 BE IT RESOLVED THAT the Town of Pelham continues to support the Niagara Healthy Kids Community Challenge through an annual contribution of $1,000.00, for administration of the Grant; and THAT the Town continues to endorse and participate to support Theme 4 with the focus on reducing screen time for children and families in Niagara. 9.3.3 Municipal Grant Application Period – 2017 Extension BE IT RESOLVED THAT Council approve an extended application peri

BE IT RESOLVED THAT COUNCIL receive and endorse the 2018 Strategic Plan Map, October 2, 2017; and THAT the document be

BE IT RESOLVED THAT Council approve the terms of the $45,000 capital funding provided to the Niagara Central Dorothy Rungeling Airport Commission as a loan at 3.5% interest, amortized over a 10-year term, with annual payments of $5,410.86, with payment commencing in June 2018.

BE IT RESOLVED THAT Watson & Associates Economists Ltd. be authorized to complete the necessary background study for the implementation of a new development charge by-law, at a cost of $39,900 plus HST; and THAT the Development Charges: Development Related Studies reserve be used to fund 90% of the Development Charge By-Law and the remaining 10% to come from the Planning Reserve; and THAT Staff report back to Committee of the Whole with a draft background study in Q1 of 2018 for consideration and review.

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. 3924(2017) - Being a by-law to appoint Judy Sheppard as Deputy Clerk for the Corporation of the Town of Pelham and to repeal and replace By-law #3854(2017).

WHEREAS the Council and Staff of the Town of Pelham pride themselves in being open and transparent; and WHEREAS the Town has provided complete details and answered all questions generated by some members of Regional Council and some members of the community by presenting a 335-page comprehensive response document and addendum to a March 2017 motion at Regional Council, answering all citizen questions during an “Evening with the Experts” panel, and disproving all claims and accusations made by a Niagara developer at Regional Council; and WHEREAS despite these answers and complete documentation, some members of the local community continue to ask questions about the 3.3-acre Parkland Over-Dedication to the Town by Fonthill Gardens and a 2015 Excess Parkland Dedication Agreement between the Town and Fonthill Gardens; and WHEREAS Deloitte Canada has provided the Town with independent, third-party audits of the Town’s financial statements for the last six years with “unmodified Independent Auditor’s reports” that are “free from material misstatements”; and WHEREAS KPMG Canada would be an acceptable supplier of services to the Town of Pelham having ranked second in the 2016 tender by Pelham for independent, third-party auditing services; THEREFORE, BE IT RESOLVED THAT Pelham Town Council directs Staff to RETAIN forensic auditing experts with KPMG Canada to undertake an independent, third-party audit of all transactions and documents related to the 3.3 acre Parkland Over-Dedication

THAT the motion be amended to strike the words "to accept a developer's money" and "Regional and", as follows: THEREFORE, BE IT RESOLVED THAT Pelham Town Council unequivocally REJECTS the inappropriate request by the Region’s Audit Committee to accept a developer’s money to influence Regional and Town actions;

BE IT RESOLVED THAT Council recess the In Camera portion of the meeting and reconvene immediately following the Committee of the Whole meeting scheduled for this evening.

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: (c) - proposed or pending acquisition or disposition of land by the municipality - File L07-2017-05-S

BE IT RESOLVED THAT Council adjourn the In Camera Session and that Council do now Rise with Report.

BE IT RESOLVED THAT the Chief Administrative Officer be and is hereby authorized to undertake the directions provided during the In Camera meeting of October 2, 2017.

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 3926(2017) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 2nd day of October, 2017.

BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for Tuesday, October 10, 2017 at 6:30 pm.