Town of Pelham Regular Council Meeting

THAT the Agenda for the May 21st, 2019 Regular Meeting of Council be amended adding an item to the Agenda immediately following item No. 4, 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; and (f) - advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

THAT the Agenda for the May 21st, 2019 Regular Meeting of Council be amended adding Recommendation Report Regarding Amendment to Interim Control By-law 4046 (2018) 770 Foss Road (File No. AM-01-19) from the Policy and Priorities Meeting to Regular Council as Item 12.1

THAT the Agenda for the May 21st, 2019 Regular Meeting of Council be amended adding an item to 11.1.1 Mayor Junkin Report regarding Pelham Appointment to Niagara Peninsula Conservation Authority.

THAT the staff report listed at Item 11.2.1 be considered immediately following Item 5.2.2

BE IT RESOLVED THAT the agenda for the May 21st, 2019 Regular meeting of Council be adopted, As Amended.

BE IT RESOLVED THAT the next portion of the meeting be closed to the public in order to consider the following: 239 (2) (e) - litigation or potential litigation, including matters before administrative tribunals, affecting the municipality; and 239 (2) (f) - advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

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

BE IT RESOLVED THAT Council receive the presentation by Brian Walker regarding Peninsula West Power Inc. for information.

BE IT RESOLVED THAT Council receive the presentation by Bienenstock Natural Playgrounds, for information.

THAT the motion be amended as follows: THAT the Lookout Park feature be put on hold at the present time to allow Council further discussion.

BE IT RESOLVED THAT Council receive Weiland Heights Park and Lookout Park Developments report; AND THAT Council endorse the final Park concept plans, as presented by Bienenstock Natural Playgrounds at the May 21, 2019, Council meeting; AND THAT the Lookout Park feature be put on hold at the present time to allow Council further discussion.

BE IT RESOLVED THAT the May 21st, 2019 report submitted by Regional Councillor Huson, be received for information.

THAT the motion be amended to remove paragraph two and three and insert ‘THAT Regional Councillor Huson be appointed to the NPCA as Pelham’s representative.

BE IT RESOLVED THAT Council receive Mayor Junkin's May 21, 2019 Report; and THAT Regional Councillor Huson be appointed to the NPCA as Pelham’s representative; and THAT the Regional Clerk be so advised

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-08/2019 Council Minutes of May 6, 2019 2. SC-18/2019 - Special Council Minutes of May 6, 2019 3. SC-19/2019 Special Council Minutes May 13, 2019

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 COW or P&P, for Council Approval BE IT RESOLVED THAT COUNCIL HEREBY approves the Recommendations Resulting from the following: 1. COW-04/2019 - Committee of the Whole Minutes, May 6, 2019 2. PAC-01/2019 - Pelham Audit Committee Minutes May 13, 2019 3. PCOW-04/2019 Public Meeting Minutes May 13, 2019 9.2 Minutes Approval – Committee BE IT RESOLVED THAT Council receive the following minutes, for information: 1. COW-04/2019 Committee of the Whole Minutes - May 6, 2019 2. PCOW-04/2019P Public Meeting Minutes - May 13, 2019 9.3 Staff Reports of a Routine Nature for Information or Action 9.3.1 Planning Services and Functions in Niagara Memorandum of Understanding (MOU) BE IT RESOLVED THAT Council receive and endorse this report of the Planning Services and Functions in Niagara Memorandum of Understanding; and THAT Council directs the Interim CAO to sign the MOU and return a copy back to the Region of Niagara. 9.5 Information Correspondence Items 9.5.1 Thank You Letter - Kore Family BE IT RESOLVED THAT Council receive the thank you letter from the Kore family. 9.5.2 Letter from the Pelham Public Library Board re: Suspending CEO Recruitment BE IT RESOLVED THAT Council receive a letter from the Pelham Public Library Board dated May 2, 2019, regarding the suspension of recruitment of a CEO, for informat

BE IT RESOLVED THAT Council receive the concept sheet How might we update Council on our application for the NIC grant, and the recommendations contained therein be approved as follows: THAT the Mayor and Town Clerk sign the letter of agreement from the Niagara Region attached to this report in order to secure the funding THAT staff report to Council on the success of the Program at the end of 2019

BE IT RESOLVED THAT Council receive the Update Report, Gypsy Moth Cost Recovery Options; and THAT staff be directed to recover the cost of aerial spraying of private properties within the identified urban spray areas in response to the Gypsy Moth infestation by evenly distributing the cost to spray private property to all affected property owners in accordance with Alternative 1; and THAT staff be directed to issue an invoice for the cost of aerial spraying to the 2019 for all properties within the identified urban spray areas.

BE IT RESOLVED THAT Council receives this Department of Community Planning and Development Report as it pertains to File No. AM-01-19 regarding 770 Foss Road; AND THAT Council consider approval of the by-law, attached hereto as Appendix E, amending By-law No. 1118 (1987) to require site plan control for greenhouses.

BE IT RESOLVED THAT Council directs staff to prepare a by-law, authorizing the Mayor and Clerk to execute a Site Plan Agreement with Leviathan Cannabis Group Inc. for 770 Foss Road.

BE IT RESOLVED THAT Council directs staff to amend the Interim Control By-law 4046 (2018) to permit a cannabis production facility at 770 Foss Road.

BE IT RESOLVED THAT Council directs staff to prepare an amendment to the Town’s nuisance by-law or a standalone cannabis by-law which would authorize the Town to issue fines to licensed cannabis producers relating to odour and light.

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 4107(2019) - Being a by-law to govern the proceedings of the Town of Pelham council, its Committees, the conduct of its members and the calling of meetings and to repeal and replace By-law #3427(2013) as amended - First and Second Reading. 2. By-law 4111(2019) - Being a by-law to amend By-law #3357(2013) being a by-law to protect important environmental and heritage features from unnecessary degradation and damage, to encourage long-term conservation of Productive Agricultural Lands, and to prevent the Importation of waste, hazardous materials and contaminated fill into the Town. 3. By-law 4112(2019) - Being a by-law to amend By-law #4068(2019) confirming various appointments to Boards, Commissions, and Committees of the Town of Pelham; - And to appoint members to the Meridian Community Centre Hospitality Committee (Schedule ‘M’); - And to appoint members to the Summerfest Committee (Schedule ‘N’); - And to add Schedule ‘R’ to appoint members to the Utility Sustainability Advisory Committee; - And to add Schedule ‘S’ to appoint members to the Cannabis Control Committee. 4. By-law 4113(2019) - Being a by-law to amend By-law #2437(2002), being a by-law for the temporary closure of Orchard Hill Road in the Town of

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4118 (2019) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 21st day of May, 2019.

BE IT RESOLVED THAT this Regular Meeting of May 21st, 2019 be adjourned until the next regular meeting scheduled for June 3rd, 2019 at 6:30 pm.