Town of Pelham Regular Council Meeting

BE IT RESOLVED THAT the agenda for the September 16th, 2019 Regular meeting of Council be adopted as amended, to include the Addendum Item 9.4.3.

BE IT RESOLVED THAT Council receive the presentation by Deanna Allen, Climate Change Coordinator, for information.

BE IT RESOLVED Council receive the information presented by the Alzheimer Society of Niagara; and THAT Staff be directed to make the necessary arrangements to host an Alzheimer coffee Break event.

BE IT RESOLVED THAT Council receive the delegation by Gord Marasco, Chair of the Utility Sustainability Advisory Committee, for information; and THAT Council adopt the proposed revised Terms of Reference.

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. SC-30/2019 - Special Council Minutes - August 26, 2019 2. SC-31/2019 - Special Council Minutes - September 3, 2019 3. C-14/2019 - Council Minutes September 3, 2019

THAT the motion be amended by adding the following paragraph: THAT the Chief Administrative Officer be directed to take the steps necessary to move forward with this project as proposed by the Fonthill Bandshell Committee, including consideration in the 2020 Budget deliberations and making provision to provide up-front funding and entering into an agreement for repayment to the Town as the fundraising initiative progresses.

BE IT RESOLVED THAT Council receive the CAO's verbal update regarding the staff meeting with the Fonthill Bandshell Committee; and THAT the Chief Administrative Officer be directed to take the steps necessary to move forward with this project as proposed by the Fonthill Bandshell Committee, including consideration in the 2020 Budget deliberations, and making provision to provide up-front funding and entering into an agreement for repayment to the Town as the fundraising initiative progresses.

BE IT RESOLVED THAT the Consent Agenda items as listed on the September 16th, 2019 Council Agenda be received and the recommendations contained therein be approved, as applicable. -------------------------------------------- 9.1 Presentation of Recommendations Arising from P&P for Council Approval BE IT RESOLVED THAT Council approve the recommendations arising from the following: 1. P&P-06/2019 - September 3, 2019, save and except Recommendations #4 and #6. 9.4 Action Correspondence of a Routine Nature 9.4.1 Royal Canadian Legion Branch 613 - Poppy Campaign 2019 BE IT RESOLVED THAT Council receive correspondence, dated August 29, 2019 from the Royal Canadian Legion Branch 613 regarding the 2019 Poppy Campaign; AND THAT Council supports the canvasing of businesses and citizens in Pelham through the placement of poppy boxes during the campaign period of October 25, 2019 to November 11, 2019; AND THAT Council support Mayor Junkin, to receive the pinning of the first poppy. 9.4.2 Request for Declaration of Municipal Significance BE IT RESOLVED THAT Council receive correspondence from Ms. J. Jelen; and THAT Council declares the Henry of Pelham Open Jumper challenge at Effingham Stables, September 21, 2019, as a Municipally Significant Event; and THAT the Clerk be directed to provide the necessary documentation to support the Special Occasion Permit requirements of the Alcohol and Gaming Commission of Ontario. 9.4.3 Correspondence from the Quartek Group re 155 Port Robinson Road BE

THAT consideration of Policy and Priorities Committee Recommendations #4 and #6 be moved to closed session at the end of the agenda to allow Council to receive legal advice on these items.

BE IT RESOLVED THAT Council Receive Report #2019-0052-PW ; and THAT Council endorses the development of a Corporate Climate Change Adaptation Plan (CCCAP) and; THAT Council supports the creation of an internal Adaptation Steering Committee (ASC) and; THAT Council supports the creation of an external Stakeholder Advisory Committee (SAC)

THAT the motion be amended by removing the second paragraph noting receipt of the report for information only.

BE IT RESOLVED THAT Council receive Report #2019-0058- Fire for information.

BE IT RESOLVED THAT the following by-laws be read a first, second and third time and passed; and THAT the Mayor and Clerk are hereby authorized to sign and seal the by-laws: 1. By-law 4130(2019) - Being a by-law to authorize the sale of Town-owned lands, Part Lot 14, Plan 717 Fonthill, Part 1 on 59R-15935 except Plan 59M-457, PIN 64063-0455 Town of Pelham, Town of Pelham to Michael Defazio, Frank Defazio and Francesco Grottola; and to authorize the Mayor and Clerk to execute all necessary documents to complete the transaction. 2. By-law 4133(2019) - Being a by-law to amend Zoning By- law 1136 (1987), as amended, for lands located at the northwest corner of Port Robinson Road and Lametti Drive, legally described as Part of Thorold Township, Lot 166; Part 2 of Plan 59R-13156 and Part 2 of Plan 59R-15596, Town of Pelham, Regional Municipality of Niagara, from the Agricultural (A) zone to a site specific Residential Multiple 1 (RM1-295) zone. Town of Pelham. File No. AM-02-19 3. By-law 4138(2019) - Being a by-law to amend Zoning By-law 1136 (1987), as amended, for lands located on the south side of Port Robinson Road, west of Walker Road, Acacia Road and Swan Avenue, legally described as Part of Lots 171-172 and Part 1 on RP 59R-3218, in the Town of Pelham. The Zoning By-law Amendment rezones the lands from the Agricultural (A) zone to the following site specific zones - Hert Inc. File No. AM-04-18 : Residential 2 – 290 (R2-290) Residential Multiple 1 – 291 (RM1-291) Open Space –

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

BE IT RESOLVED THAT the next portion of the meeting be closed to the public in order to consider matters 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 (items

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 9:00 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 Council adjourn the In Camera Session and that Council do now Rise With Report.

THAT Policy and Priorities Recommendation #6 from September 3, 2019 be replaced with the following recommendation to be newly considered by Council as follows: THAT Council recommend approval of the By-law presented in the September 3rd, 2019 Planning Report pertaining to File No. AM-05-19 and SP-05-17 relating to 1440 Pelham Street, amending the zoning of the subject property from the General Commercial (CG) zone to the site specific General Commercial (GC-296) zone; and THAT Council recommend approval of the By-law relating to the subject property and authorizing the Mayor and Clerk to enter into the Site Plan Agreement with Colonnade 1440 Inc. on behalf of the Town; and THAT Staff be and are hereby directed to prepare the By-laws for consideration at the next regular meeting of Council scheduled for October 7, 2019. In Favour: Hildebrandt, Wink, Junkin Opposed: Ciolfi, Haun, Kore, Stewart

BE IT RESOLVED THAT the Consent Agenda item as listed on the September 16th, 2019 Council Agenda be received and the recommendations contained therein be approved, as applicable, and THAT Council approve the recommendation #6 arising from the Policy and Priorities-06/2019 of September 3rd, 2019, recommending that Council Defeat the following motion: THAT Committee receives this Department of Community Planning and Development report for information as it pertains to File No. AM-05-19 and SP-05-17 relating to 1440 Pelham Street and recommend: THAT Council approve the By-law, attached hereto as Appendix B, amending the zoning of the subject property from the General Commercial )(GC) zone to the site specific General Commercial (GC-296) zone; AND THAT Council approve the By-law attached hereto as Appendix C, authorizing the Mayor and Clerk to enter into the Site Plan Agreement with Colonnade 1440 Inc. on behalf of the Town. (Note: P&P Recommendation to DEFEAT motion was UPHELD)

THAT the by-law and zoning amendment be amended to stipulate that the front-yard setback distance not be varied from the current by-law requirements.

BE IT RESOLVED THAT the following by-law be read a first, second and third time and passed; and THAT the Mayor and clerk are hereby authorized to sign and seal the by-law: By-law 4138(2019) - Being a by-law to amend Zoning By-law 1136(1987), as amended, for lands located on the south side of Port Robinson Road, west of Walker Road, Acacia Road and Swan Avenue, legally described as part of Lots 171-172 and Part 1 on RP 59R-3218, in the Town of Pelham. The zoning By- law Amendment rezones the lands from the Agricultural (A) zone to the following site specific zones - Hert Inc. File No. AM- 04-18: Residential 2-290 (R2-290) Residential Multiple 1 - 291 (RM1-291) Open Space - 292 (OS-292) Open Space - 293 (OS-293) Environmental Protection - 294 (EP-294)

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4155(2019) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 16th day of September, 2019.

BE IT RESOLVED THAT this Regular Meeting of September 16th, 2019 be adjourned until the next regular meeting scheduled for October 7th, 2019 at 5:30 pm.