The Pelham Record

Town of Pelham Regular Council Meeting

December 19, 2016

What was decided (24 motions)

24 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

THAT the agenda be amended by adding Item 9.1.2 - Recommendations of COW December 12, 2016; and THAT Item 9.5.4 - Resolutions of City of St. Catharines and City of Port Colborne - be considered immediately following the Delegation at Item 5.2
Moved by John Durley, seconded by Catherine King
Carried
BE IT RESOLVED THAT the agenda for the December 19, 2016 Regular meeting of Council be adopted, as amended.
Moved by John Durley, seconded by Catherine King
Carried
BE IT RESOLVED THAT the delegation by E. Smith regarding the request for an External Audit of the Niagara Peninsula Conservation Authority (NPCA) be received for information.
Moved by Richard Rybiak, seconded by Catherine King
Carried
BE IT RESOLVED THAT the information by C. Forster, PP, regarding the request for an External Audit of the NPCA be received for information.
Moved by Richard Rybiak, seconded by Catherine King
Carried
THAT the words "appropriately thorough" be REPLACED with "unrestricted"
Moved by Gary Accursi, seconded by John Durley
Carried
THAT the following words be added after "Forensic Audit" "and an organizational and operational audit"
Moved by John Durley, seconded by Peter Papp
Carried
WHEREAS the Niagara Peninsula Conservation Authority (NPCA), a Provincial agency operating in the Regions of Niagara and Haldimand County and in the City of Hamilton, is funded largely by the Region of Niagara; and WHEREAS the Town of Pelham is a contributor of public funds to the Region of Niagara and, therefore, a contributor to the NPCA’s funding; and WHEREAS, serious questions have been raised about the financial and human resource management of the NPCA; and WHEREAS, serious questions have been raised about the functioning of the NPCA in upholding its duty to fulfill the legislative mandate, as set out for it in Section 20 of The Conservation Authorities Act, “to establish and undertake programs designed to balance the conservation, restoration, development and management of natural resources”; and WHEREAS Niagara MPPs and citizens have called for a forensic audit of the NPCA’s business practices; and WHEREAS the people of the Town of Pelham, Region of Niagara and the Province of Ontario deserve openness and accountability as to how their tax dollars are being spent and how effectively our natural environment is being protected; NOW THEREFORE BE IT RESOLVED that the Council of the Town of Pelham requests that a letter be sent to Premier Kathleen Wynne and Kathryn McGarry, Minister of Natural Resources and Forestry, the Auditor General of Ontario, and with copies distributed to the NPCA, all Niagara MPPs, the Regional Municipality of Niagara, local municipalities in Niaga
Moved by John Durley, seconded by Richard Rybiak
Carried
BE IT RESOLVED THAT Communication Item 9.5.4, being resolutions by the City of St. Catharines and the City of Port Colborne regarding the Niagara Peninsula Conservation Authority Investigation be received for information.
Moved by John Durley, seconded by Richard Rybiak
Carried
BE IT RESOLVED THAT Regional Councillor Baty's report dated December 19, 2016 be received for information.
Moved by John Durley, seconded by Catherine King
Carried
BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-24/2016 – Regular Meeting of Council, December 5, 2016
Moved by Gary Accursi, seconded by Peter Papp
Carried
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 9.1.1 Recommendations Arising from COW-18/2016 – Committee of the Whole, December 5, 2016 BE IT RESOLVED THAT the Recommendations arising from COW-18/2016 –Committee of the Whole, December 5, 2016 meeting be approved. 9.1.2 Recommendations Arising from COW-19/2016 – Committee of the Whole, December 12, 2016 BE IT RESOLVED THAT the Recommendations arising from COW- 19/2016 –Committee of the Whole, December 12, 2016 meeting be approved. (Lifted for separate consideration.) 9.2 Minutes Approval – Committee 9.2.1 COW-18/2016 –Committee of the Whole – December 5, 2016 9.2.2 COW-19/2016 – Committee of the Whole – December 12, 2016 9.3 Staff Reports of a Routine Nature for Information or Action – None. 9.4 Action Correspondence of a Routine Nature – None. 9.5 Information Correspondence Items 9.5.1 Sullivan – Mahoney re: Saffron Meadows Subdivision (Lifted for separate consideration) 9.5.2 Enbridge – Reduction to Energy Bills 9.5.3 Thank You – R. and S. Marr 9.5.4 Niagara Peninsula Conservation Authority (NPCA) Investigation Resolutions (City of St. Catharines, City of Port Colborne) (considered following Item 5.2) 9.5.5 G. Hilyer, Chair – Pelham Seniors Advisory Committee re: Niagara Age-Friendly Celebration, 2017 9.5.6 Ontario Trillium Foundation Ontario 150 Community
Moved by John Durley, seconded by Catherine King
Carried
THAT the backflow prevention project budget item be added to the red-circled items to be given separate consideration by Committee as brought forward individually and that staff provide a more detailed analysis on the town's risks and how to best mitigate those risks.
Moved by Gary Accursi, seconded by Peter Papp
Carried
THAT the Sulphur Springs Drive project be added to the red-circled items to be given separate consideration by Committee as brought forward individually.
Moved by Gary Accursi, seconded by Marvin Junkin
Carried
BE IT RESOLVED THAT the Correspondence, Item 9.5.1 from Sullivan-Mahoney regarding Saffron Meadows Subdivision, be received for information.
Moved by John Durley, seconded by Catherine King
Carried
BE IT RESOLVED THAT Mayor Augustyn's Report dated December 19, 2016 be received for information.
Moved by Peter Papp, seconded by Gary Accursi
Carried
BE IT RESOLVED THAT Council receives the issue summary report, regarding the Thursday Night Experience 2016 Final Report; THAT Council designate Pelham Supper Market, to be held on Thursdays June – September 2017 in Peace Park, as a Municipally Significant Event; THAT the area to be licensed under the Special Occasion Permit through the Alcohol and Gaming Commission of Ontario be the north portion of Peace Park, the same location as 2016 operations. THAT the Clerk be authorized to make an application for a Special Occasion Permit for Pelham Supper Market; AND THAT Staff be directed to meet with the Farmers Market and Band shell Committee to discuss ways of sharing logistic expenses.
Moved by Richard Rybiak, seconded by Catherine King
Carried
BE IT RESOLVED THAT Council receive the Niagara Region Inter-Municipal Transit Study update Report for information.
Moved by Peter Papp, seconded by Gary Accursi
Carried
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 3813(2016) - Being a by-law to authorize the Mayor and Clerk to enter into an Agreement with the owner of 294 Canboro Road, 602271 Ontario Limited, for the purchase of the lands described as Part of Lot 5, Concession 8, as in RO591374, Town of Pelham. 2. By-law 3814(2016) - Being a by-law to authorize the Mayor and Clerk to enter into an Agreement with Petroff Partnership Architects for consultant and architectural services and work relating to the Town of Pelham Multi-Purpose Community Centre. 3. By-law 3815(2016) - Being a by-law to regulate the supply and delivery of water and to provide for the maintenance and management of waterworks and for the imposition and collection of water rates; and to repeal and replace By-law #3198(2011). 4. By-law 3816(2016) - Being a by-law to appoint Lyle Merritt as Building Inspector, Deputy Chief Building Official, By-law Enforcement Officer and property Standards Officer for the Corporation of the Town of Pelham.
Moved by Peter Papp, seconded by Gary Accursi
Carried
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.
Moved by Richard Rybiak, seconded by Catherine King
Carried
BE IT RESOLVED THAT the Council meeting of December 19th, 2016 do now reconvene to complete the agenda.
Moved by Catherine King, seconded by Peter Papp
Carried
BE IT RESOLVED THAT the next portion of the meeting be closed to the public in order to consider the following: 1. Item under Section 239(2)(c) – proposed or pending acquisition or disposition of land by the municipality (1 item); 2. Item under Section 239(2)(b) – matters about an identifiable individual, including municipal or local board employees (1 item).
Moved by Gary Accursi, seconded by Peter Papp
Carried
BE IT RESOLVED THAT the Chief Administrative Officer be and is hereby authorized to undertake the directions, as amended, and provided during the In Camera meeting of December 19, 2016.
Moved by Catherine King, seconded by John Durley
Carried
BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 3817(2016) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 19th day of December, 2016.
Moved by Peter Papp, seconded by Gary Accursi
Carried
BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for Monday, January 9th, 2017 at 6:30 pm.
Moved by Catherine King, seconded by John Durley
Carried

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