Town of Pelham Regular Council Meeting

BE IT RESOLVED THAT the agenda for the February 6, 2017 Regular meeting of Council be adopted as circulated.

BE IT RESOLVED THAT the February 6, 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. C-01/2017 - January 9, 2017 Council Minutes 2. C-02/2017 - January 16, 2017 Council Minutes 3. SC-01/2017 - January 16, 2017 Special Council Minutes

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 Special Committee, January 30, 2017 9.1.1. Special Committee, January 30, 2017 Recommendations 9.2. Minutes Approval – Committee 9.2.1. Special Committee Minutes – January 30, 2017 9.4 Action Correspondence of a Routine Nature 9.4.1 Royal Canadian Legion Branch 613 – Request for Municipal Grant BE IT RESOLVED THAT Council receive the request from the Royal Canadian Legion Branch 613 dated January 26, 2017; and THAT the discretionary municipal grant in the amount of $4,000.00 to the Royal Canadian Legion Branch 613 be approved. 9.5 Information Correspondence Items 9.5.1 Resolutions Regarding Hydro Rates for Rural Residents • Municipality of Thames Centre • Township of Zorra • Township of Montague • Tay Valley Township • Township of Georgian Bay 9.5.2 City of Thorold Resolution – Overhead Hydro Lines 9.5.3 Town of Atikokan Resolution – Property Taxation on Railway Right-of-Ways 9.5.4 County of Prince Edward Resolution – Request to Minister of Education to Rewrite the Pupil Accommodation Review Guideline 9.5.5 County of Prince Edward Resolution – Request to Minister of Education to Initiate Immediate Stay of Execution on the Accommodation Review Process 9.5.6 City of Port Colborne – Resolution Re: Fire Safety Messaging 9.5.7 City of St. Catharines – Resolution Re: Traffic Signal Agreement 9.5.8

THAT the resolution be amended by adding the following: "AND that the resolution be

BE IT RESOLVED THAT Council receive correspondence item 9.5.3 - Town of Atikokan resolution, dated January 23, 2017, regarding property taxation on railway right-of- way, be received; and THAT the resolution be

THAT the resolution be amended by adding the following: THAT the resolution be forwarded to the Fire Chief to be directed to develop a Pelham initiative to address Fire Safety Messaging.

BE IT RESOLVED THAT Council receive Communication item #9.5.6 - correspondence from the City of Port Colborne, dated January 30, 2017 - a resolution regarding Fire Safety Messaging; and THAT the resolution be forwarded to the Fire Chief, to be directed to develop a Pelham initiative to address Fire Safety Messaging.

BE IT RESOLVED THAT Council receive communications item 9.5.9 - correspondence from Township of Montague, dated December 22, 2016 and a resolution regarding Library Internet, for information.

THAT the resolution be amended by adding a direction to refer to staff for research and report

BE IT RESOLVED THAT Council receive Communications item #9.5.10 - recommendation from the Pelham Art Festival, requesting the Town to invest in a permanent programmable electronic sign to be installed on Highway 20 for the purpose of advertising Community Centre Events; and THAT it be

BE IT RESOLVED THAT Council receive the correspondence from Carolyn Botari, dated January 24, 2016 (2017) regarding the Town of Pelham Municipal Heritage Register, and THAT the correspondence be forwarded to staff for response.

BE IT RESOLVED THAT Mayor Augustyn's Report dated February 6, 2017 be received for information.

BE IT RESOLVED THAT, Council receive this Department of Community Planning and Development report for information as it pertains to application File No. 26T19-01016 regarding Part of Twp. Lots 166 and 167 (Summersides Boulevard); and THAT the Plan of Subdivision for Summersides Boulevard be draft approved subject to the conditions in Appendix 1; and THAT the Mayor or designate be authorized to sign the draft plan as “approved” 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and THAT draft approval be granted for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council.

BE IT RESOLVED THAT Council receive this Department of Community Planning and Development report for information as it pertains to giving notice of intention to designate 1410 Haist Street under Part IV of the Ontario Heritage Act; and THAT Council direct Planning staff to include 1410 Haist Street on the rgister of non-designated properties situated in the municipality that is of cultural heritage value or interest that is currently being worked on by Planning staff.

BE IT RESOLVED THAT the Community Planning & Development Department Report for 31 Pelham Town Square (File Nos. SP-07-16 and CP-04-16) be received; and THAT Council approve the by-law authorizing the Mayor and Clerk to enter into a Commercial Building Façade Improvement Grant agreement on the amount of $17,250 and to enter into a Planning Fees Grant agreement on the amount of $3, 630 for 31 Pelham Town Square between the Town of Pelham and Niagara Peninsula Orthodontics; and THAT Council approve the by-law authorizing the Mayor and Clerk to enter into a Site Plan Agreement with 2248066 Ontario Inc.

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-law: By-law No. 3823(2017) - Being a by-law to amend By-law No. 170(1973) and to amend the site plan agreement with the Liquor Control Board of Ontario and authorize the execution of a site plan agreement for the lands located at 31 Pelham Town Square. 2248066 Ontario Inc. - File No. SP-07-16

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: By-law No. 3822(2017) - Being a by-law to authorize the Mayor and Clerk to enter into an Agreement with Niagara Peninsula Orthodontics for the purposes of the Community Improvement Plan Program for the property known Municipally as 31 Pelham Town Square. Niagara Peninsula Orthodontics - File No. CP-04-16

BE IT RESOLVED THAT the Community Planning & Development Department Report for Parts 1-3, 59R- 15439 (File No. DA-03-16) be received; and THAT Council approve the by-law authorizing the Mayor and Clerk to enter into a Development Agreement with Lawrence Overbeeke and the Royal Bank of Canada regarding Parts 1-3, 59R-15439.

THAT the motion regarding a Report respecting Fonthill Gardens Sign Variance Request be amended to be

BE IT RESOLVED THAT Council receive the report, Fonthill Gardens Sign Variance Request, and that the Sign Variance applications for Buildings “A1”, “C” and “D” be considered to allow signs to be placed on more than one face of the building in accordance with the plans and drawings submitted by the applicant and attached to this report; and as outlined below: Building A1: Unit A1- 1: Exceed size limit by 40 square feet Unit A1-3: Exceed size limit by 54 square feet, and allowance for sign at front and rear of building. Building C: Units C1, C2, C3, C4: Allowance for sign at front and rear of building. Building D: Unit D1: Allowance for sign at rear and side of building. Unit D2: Allowance for sign at rear of building. Unit D3: Exceed size limit by 3 square feet, and allowance for sign at rear of building. Unit D4: Allowance for sign at rear of building. Unit D5: Exceed size limit by 4 square feet, and allowance for sign at rear of building. Unit D6: Allowance for sign at rear of building. Unit D7: Allowance for sign at rear of building. Unit D8: Exceed size limit by 15 square feet, and allowance for sign at side and rear of building; and THAT the Report be

BE IT RESOLVED THAT Council receive this Department of Community Planning and Development Report for information as it pertains to Part 1, 59R-15726, Part of Lot 119, 59M-403, municipally known as 32 Philmori Boulevard; and THAT Council considers approving the part lot control exemption by-law for Part 1, 59R-15726, Part of Lot 119, 59M-403 municipally known as 32 Philmori Boulevard.

THAT the motion be amended to receive and support the recommendation.

BE IT RESOLVED THAT Council receive a resolution from the City of Port Colborne, dated January 30, 2017, regarding Airport Governance Review; and THAT Council support and endorse the recommendation.

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. 3822(2017) - Being a by-law to authorize the Mayor and Clerk to enter into an Agreement with Niagara Peninsula Orthodontics for the purposes of the Community Improvement Plan Program for the property known Municipally as 31 Pelham Town Square. Niagara Peninsula Orthodontics - File No. CP-04-16 2. By-law No. 3823(2017) - Being a by-law to amend By-law No. 170(1973) and to amend the site plan agreement with the Liquor Control Board of Ontario and authorize the execution of a site plan agreement for the lands located at 31 Pelham Town Square. 2248066 Ontario Inc. - File No. SP-07-16 3. By-law No. 3824(2017) - Being a by-law to exempt Part 1, 59R-15726, Part of Lot 119, 59M-403 from part lot control. Residences at Lookout Plan of Subdivision (26T19-02005) [Costiano Developments Inc.-William A. Mascoe-Niagara Surveyors]. 4. By-law No. 3825(2017) - Being a by-law to accept one foot reserves pursuant to the subdivision agreement with River Realty Development (1976) Inc. (River Estates). 5. By-law No. 3826(2017) - Being a by-law to authorize the execution of a development agreement with Lawrence Overbeeke and the Royal Bank of Canada. 6. By-law No. 3827(2017) - Being a by-law to provide for an interim tax levy for

WHEREAS the Niagara Peninsula Conservation Authority (NPCA) is a Provincial agency operating in the Region of Niagara, Haldimand County and the City of Hamilton, 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 the people of the Town of Pelham, together with all municipalities represented on the NPCA deserve openness and accountability relating to how their tax dollars are being spent, how effectively our natural environment is being protected, and how representatives to the NPCA Board are appointed; and WHEREAS currently, eleven of the thirteen Members of the NPCA Board are municipal politicians who may not have the necessary conservation and environmental expertise suited to effectively serve on this Board; and WHEREAS for the City of Hamilton, it has been the practice of their city council to appoint citizen representatives to the NPCA Board, thus highlighting the importance of the ability to provide appropriate knowledge, experience and expertise to the Board and establishing a precedent to support citizen appointment to the NPCA; and WHEREAS the past practice of the Niagara Regional Council has been to offer a single appointment from each of the twelve local municipalities by: firstly, offering appointment to the Regional Councillor(s) or Mayor of the local municipality; and, secondly by a process that defaults to the local mu

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.

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 10:00 p.m. be and is hereby waived; and THAT the remainder of the business listed on the agenda for this meeting continue to be considered until all matter have been concluded.

BE IT RESOLVED THAT the regular Council meeting of February 6, 2017 do now reconvene to complete the agenda.

THAT the motion be amended to allow Council to consider the following (2) items: 1. Item under Section 239(2)(c) - proposed or pending acquisition or disposition of land by the Municipality: • File L07-2017-01-S • File L07-2017-02-S AND THAT the remaining items be

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 (2 Items): File L07-2017-01-S File L07-2017-02-S AND THAT the remaining (2) items be

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 February 6, 2017.

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 3828(2017) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 6th day of February, 2017.

BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for Tuesday, February 21, 2017 at 6:30 pm.