Town of Pelham Regular Council Meeting

BE IT RESOLVED THAT the agenda be amended to include the addendum item 8.4.1 and 8.5.7 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 agenda for the January 11, 2021 Regular meeting of Council be adopted, as amended. 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 COVID-19 update presentation from D. Cribbs, Chief Administrative Officer, 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 delegation from William Heikoop, Planner, Upper Canada Consultants, and THAT Council grant an exemption to the 2-year waiting period for minor variance and thereby allow Upper Canada Consultants, for Grey Forest Homes, to file an application to the Town’s Committee of Adjustment for minor variance(s), as it pertains to Block 178 of Saffron Meadows Phase 3, now known as Block 1, 59M-481. 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 the delegation from Steven Soos requesting Pelham to request the Niagara Region to declare a state of emergency on mental health, homelessness, and addiction, for information; and WHEREAS According to the Province of Ontario Emergency Response Plan (2008), Canadian municipalities are free to declare states of emergencies in response to "any situation or impending situation caused by the forces of nature, an accident, an intentional act or other Wise that constitutes a danger of major proportions to life or property." WHEREAS Approximately 625 residents - including 144 children in Niagara, were counted as homeless (March 2018), with shelter occupancy operating at 109.4 percent capacity WHEREAS Niagara EMS reported 335 suspected opiate overdoses (Jan-June 2019). WHEREAS Some Niagara-area municipalities have had services such as mental health removed from their Hospitals, and whereas Niagara is severely lacking in mental health and addiction services THEREFORE BE IT RESOLVED that the Town of Pelham request the Niagara Region to declare a state of emergency on mental health, homelessness, and addiction. FURTHERMORE, the Niagara Regional Council, Niagara Region Public Health and Social Services, Premier of Ontario, the provincial Minister of Health, Minister of the Attorney General, Minister of Children, Community, and Social Services, the Minister of Municipal Affairs and Housing, and the Leader of the Official Opposition, as well as the Prime

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. SC17-2020 Special Council Minutes - December 15, 2020; and 2. C-21/2020 - Council Minutes - December 14, 2020. 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 January 11, 2021 Council Agenda be received and the recommendations contained therein be approved, as applicable. - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - 8.1 Presentation of Recommendations Arising from COW or P&P, for Council Approval BE IT RESOLVED THAT COUNCIL HEREBY approves the Recommendations Resulting from the following: 1. PCOW-08/2020 Public Meeting Under Planning Act - December 14, 2020 8.2 Minutes Approval – Committee BE IT RESOLVED THAT Council receive the following minutes for information: 1. PCOW-08/2020 Public Meeting Under Planning Act - December 14, 2020 8.3 Staff Reports of a Routine Nature for Information or Action 8.3.1 October 2020 Financial Report, 2021-0008-Corporate Services BE IT RESOLVED THAT Council receive Report #2021-0008- Corporate Services, October 2020 Financial Report, for information. 8.3.2 Information Report - Second Dwelling Units, 2021-0004- Planning THAT Council receives Report #2021-0004 for information as it pertains to proposed Second Dwelling Units Policies and Regulations. 8.4 Action Correspondence of a Routine Nature 8.4.1 Upper Canada Consultants - request to Defer Motion re Town of Pelham Trail System BE IT RESOLVED THAT Council receive the correspondence from Upper Canada Consultants requesting that Agenda Item 14.2 regarding the Town of Pelham Trail System be received. 8.5 Information Correspondence Items 8.5.1 Report of

BE IT RESOLVED that Council receive correspondence dated December 15, 2020 from Mike Jones - The Pelham Tree Conservation Society regarding the Town of Pelham Tree Policy under development, 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 letter of objection to conditions of approval regarding Saffron Valley Phase 2 dated January 5, 2021 from Upper Canada Consults and related correspondence 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 letter of response to objection of conditions of approval regarding Saffron Valley Phase 2 dated January 5, 2021 from the Niagara Region and related material 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 # 2021-0015- Corporate Services; AND FURTHER Council approve the amendment in this report to the draft 2021 Capital Budget, AND THAT Council pass the 2021 Capital Budget as amended. 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 # 2021-0014- Corporate Services; AND FURTHER THAT Council approve the amendment in this report to the draft 2021 Operating Budget; AND THAT Council pass the 2021 Operating Budget as amended. 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 Council receives Report #2021-06 for information as it pertains to File Nos. 26CD19-02-20, OP-AM-02-20 and AM-06- 20; AND THAT Council directs Planning staff to prepare the by-laws for approval of the Draft Plan of Condominium, Official Plan and Zoning By-law Amendments for Council’s consideration. 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 # 2021-0010 for information pertaining to Site Plan Control application file No. SP-09-2020; and THAT Council consider approval of the By-law to authorize the Mayor and Clerk to enter into a Site Plan Agreement between the Town and Wierenga Greenhouses Limited. 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 # 2021-0011- Corporate Services; AND THAT Council approve the establishment of a Reserve for Human Resources Capacity Building with the purpose, funding sources, and drawdowns as outlined in this report; AND FURTHER THAT this Reserve be effective for the year ended December 31, 2020. 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 #2021-0003, Town Benefits Policy Amendment; AND THAT COUNCIL approve the Benefit Plans Policy S600-01 as amended. 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 4306(2021) - Being a by-law to provide for an interim tax levy for the year 2021. 2. By-law 4307(2021) - Delegation of Authority - Being a by- law to delegate certain powers and duties under the Municipal Act, 2001, S.O. 2001, c. 25, and other Acts as contained in the Schedules hereto. 3. By-law 4308(2021) - Being a by-law to authorize the execution of a Site Plan Agreement for the lands located at 1768 – 1770 Balfour Street. Wierenga Greenhouses Limited. File No. SP-09-2020 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 Consideration of the Motion, Agenda Item 14.1 re Niagara Central Dorothy Rungeling Airport Commission Funding be

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: (e) - litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; (f) - advice that is subject to solicitor-client privilege, including communications necessary for that purpose. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 5 2

BE IT RESOLVED THAT Council adjourn the In Camera Session and that Council do now Rise With No Report. 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 the Provincial Government launched the Ontario Trails Strategy that is a long term plan that establishes strategic direction for planning, managing, promoting and using trails in Ontario; AND WHEREAS trails play an important role in building a healthier, more prosperous, Ontario; AND WHEREAS section 1.5.1 of the Provincial Statement 2020 states: "Healthy, active communities should be promoted by: a) planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity; b) planning and providing for a full range and equitable distribution of publicly accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages, and, where practical, water-based resources; c) providing opportunities for public access to shorelines; and d) recognizing provincial parks, conservation reserves, and other protected areas, and minimizing negative impacts on these areas"; AND WHEREAS good trails play a vital role in our well-being by supporting an active lifestyle that improves health, trails attract tourists to our community, trails build strong communities that strengthen our social fabric, and trails conserve and appreciate the environment; AND WHEREAS the Steve Bauer Trail has been in existence for over 20 years and is public property owned by t

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4309(2021) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 11th day of January, 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 February 1, 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

WHEREAS the funding request from the Niagara Central Dorothy Rungeling Airport Commission (NCDRAC) for the year 2021 remains the same as the 2020 request, in the amount of $154,770; AND WHEREAS the 2021 funding request contains a Depreciation amount of $80,000; AND WHEREAS Depreciation is a non-cash expense item; AND WHEREAS the removal of Depreciation from the 2021 NCDRAC funding request would not create operational or financial difficulties for the Airport Commission; NOW THEREFORE BE IT RESOLVED THAT Pelham Town Council approves the Niagara Central Dorothy Rungeling Airport Commission funding request in the amount of $74,770, such amount being $154,770 minus Depreciation of $80,000, resulting in the Town of Pelham Municipal Contribution in the amount of $13,459. Amendment: Moved By Wayne Olson Seconded By John Wink THAT Consideration of the Motion, Agenda Item 14.1 re Niagara Central Dorothy Rungeling Airport Commission Funding be

WHEREAS the Provincial Government launched the Ontario Trails Strategy that is a long term plan that establishes strategic direction for planning, managing, promoting and using trails in Ontario; AND WHEREAS trails play an important role in building a healthier, more prosperous, Ontario; AND WHEREAS section 1.5.1 of the Provincial Statement 2020 states: "Healthy, active communities should be promoted by: a) planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity; b) planning and providing for a full range and equitable distribution of publicly accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages, and, where practical, water- based resources; c) providing opportunities for public access to shorelines; and d) recognizing provincial parks, conservation reserves, and other protected areas, and minimizing negative impacts on these areas"; AND WHEREAS good trails play a vital role in our well-being by supporting an active lifestyle that improves health, trails attract tourists to our community, trails build strong communities that strengthen our social fabric, and trails conserve and appreciate the environment; AND WHEREAS the Steve Bauer Trail has been in existence for over 20 years and is public property owned by the Town of Pelham; AND W