The Pelham Record

Town of Pelham Regular Council Meeting

July 16, 2018

What was decided (26 motions)

24 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

BE IT RESOLVED THAT the agenda for the July 16, 2018 Regular meeting of Council be adopted as circulated.
Moved by Peter Papp, seconded by Gary Accursi
Carried
BE IT RESOLVED THAT the July 16, 2018 report submitted by Regional Councillor Baty, be received for information.
Moved by Gary Accursi, seconded by John Durley
Carried
BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-11/2018 - Regular Council June 18, 2018 2. SC-15/2018 - Special Council June 18, 2018 3. SC-16/2018 - Special Council July 3, 2018
Moved by James Lane, seconded by Catherine King
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 and SCOW, for Council Approval BE IT RESOLVED THAT Council approve the recommendations arising from the following: 1. P& P-05/2018 – Policy and Priorities Committee, June 18, 2018; and 2. SCOW-07/2018 - Special Committee of the Whole, July 3, 2018. 9.2 Minutes Approval Committee BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. P & P-05/2018 - June 18, 2018 2. SCOW-07/2018 - July 3, 2018 9.3 Staff Reports of a Routine Nature for Information or Action 9.3.1 Abbott Street Fence Variance, 2018 BE IT RESOLVED THAT Council approves a fence variance for properties #47 through #53 Abbott Place to allow for an 8 foot fence height on the rear property area separating the residential parcels from the commercial properties behind them. 9.3.2Congress of New Urbanism Savannah Conference, May 2018 BE IT RESOLVED THAT Council receive this Community Planning and Development Services report on the Congress of New Urbanism Savannah Conference, May 2018 for information. 9.3.3 2018 Revisions to Pelham Gun/Firearms By-law BE IT RESOLVED THAT Council review the proposed changes to the current Gun By-law; and THAT Council consider approval of the revised By-law as proposed. 9.4 Action Correspondence of a Routine Nature (none) 9.5 Information Correspondence 9.5.1 Niagara Reg
Moved by Richard Rybiak, seconded by Catherine King
Carried
BE IT RESOLVED THAT Council receive correspondence from the Niagara South Federation of Agriculture dated, April 16, 2018 regarding the FARM 911 Initiative, for information.
Moved by Richard Rybiak, seconded by Catherine King
Carried
THAT staff be directed to bring forward a report to advise Council as to how to proceed with The Emily Project Farm 911 initiative, including an estimate of cost implications.
Moved by Richard Rybiak, seconded by Peter Papp
Carried
BE IT RESOLVED THAT Council receive correspondence from the Ontario SPCA regarding the 2018 No Hot Pets Campaign, for information.
Moved by Richard Rybiak, seconded by Catherine King
Carried
BE IT RESOLVED THAT staff undertake to educate the public on the dangers of leaving pets in hot vehicles and explore the feasibility of development of a by-law to prohibit and enforce this.
Moved by Richard Rybiak, seconded by Gary Accursi
Carried
BE IT RESOLVED THAT the Community Planning & Development Department Report for 792 Welland Road (File No. CP-02-17) be received; THAT Council approve the by-law, attached hereto, authorizing the Mayor and Clerk to enter into an agreement for a Residential Intensification Grant, Planning Fees Grant, Commercial Building Façade Improvement Grant and Revitalization Grant for 792 Welland Road subject to the commitment of additional funds to the CIP Reserve fund, detailed in this report, as part of the 2019 budget; AND THAT Council approve transfers to the CIP Reserve of $170,000 in 2019 and acknowledge the resulting increase in the base 2019 tax levy of 1.2% before any other increases in expenditures are considered; AND THAT following approval of the by-law, Council put the Community Improvement Plan Program on hold for a two year period, following which the program will be revisited to determine funding at that time. Moved By Catherine King Seconded By John Durley BE IT RESOLVED THAT the Community Planning & Development Department Report for 792 Welland Road (File No. CP-02-17) be received; THAT Council approve the by-law, attached hereto, authorizing the Mayor and Clerk to enter into an agreement for a Residential Intensification Grant, Planning Fees Grant, Commercial Building Façade Improvement Grant and Revitalization Grant for 792 Welland Road subject to the commitment of additional funds to the CIP Reserve fund, detailed in this report, as part of the 2019 budget; AND THAT C
Moved by Catherine King, seconded by John Durley
Carried
THAT following approval of the by-law, Council put the Community Improvement Plan Program on hold for a two year period, following which the program will be revisited to determine funding at that time.
Moved by Catherine King, seconded by John Durley
Defeated
THAT the motion be amended by replacing the words "for a two-year period" with "for a one-year period".
Moved by Peter Papp, seconded by Richard Rybiak
Defeated
THAT the motion be amended by adding the words "no more than" before the words "a two-year period".
Moved by Gary Accursi, seconded by Catherine King
Carried
THAT following approval of the by-law, Council put the Community Improvement Plan Program on hold for no more than a two-year period, following which the program will be revisited to determine funding at that time.
Moved by Catherine King, seconded by John Durley
Carried
BE IT RESOLVED THAT Council receives this Department of Community Planning and Development Report for information as it pertains to application File No. SP 01-18, 80 Meridian Way; AND THAT, Council approve the by-law and authorize the Mayor and Clerk to enter into a site plan agreement between the Town and the Owner.
Moved by John Durley, seconded by Catherine King
Carried
BE IT RESOLVED THAT the Council of the Town of Pelham, having given due consideration to the following By-law 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. 4022(2018) - Being a by-law to authorize the execution of a site plan agreement for the lands located at 80 Meridian Way, Parkhill Properties Corp. File No. SP-01-18 and that the mayor and Clerk be authorized to sign following receipt of all closing documents.
Moved by John Durley, seconded by Catherine King
Carried
BE IT RESOLVED THAT Council receives this Department of Community Planning and Development Report for information as it pertains to File No. 26CD19-01018 regarding 105 Highway 20 East; AND THAT the Plan of Condominium be draft approved subject to the conditions in Appendix B; 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.
Moved by James Lane, seconded by Gary Accursi
Carried
BE IT RESOLVED that Council receive this report regarding Canada Post Addressing for River Road; THAT Council support Ms. Hadrevi’s request to have Canada Post change the mailing address along River Road changed to Fenwick from Welland AND THAT Canada Post be advised of Council’s decision.
Moved by Peter Papp, seconded by Gary Accursi
Carried
BE IT RESOLVED THAT Council receive the MTO Community Transportation Grant Funding Award 2018-2023 Concept Paper; and THAT the Mayor and Clerk be and are hereby authorized to sign the Community Transportation Grant Funding Program Transfer Payment Agreement.
Moved by James Lane, seconded by Peter Papp
Carried
BE IT RESOLVED THAT Council receive for information the Addendum No. 1 to the Town of Pelham Development Charge Background Study, dated July 11, 2018; and THAT Council consider the proposed by-law for the imposition of Development Charges listed on this evening's agenda.
Moved by James Lane, seconded by Catherine King
Carried
BE IT RESOLVED THAT the July 12 2018 Memorandum from Chief Administrative Officer, Darren Ottaway, providing an update on the Poth Street Culvert matter, be received for information.
Moved by Gary Accursi, seconded by Catherine King
Carried
THAT staff be directed to prepare a detailed report providing information on costing the Poth Street Culvert Replacement for consideration by Council and the options available to include the project in the 2018 budget.
Moved by Gary Accursi, seconded by Richard Rybiak
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 No. 4019(2018) - Being a by-law to regulate the discharge of firearms within the limits of the Town of Pelham; and to repeal and replace By-law #57(1970) 2. By-law No. 4021(2018) - Being a By-law to levy the actual cost of maintenance and repair to the Swayze Drain and the Nunn Drain on the assessed lands. 3. By-law No. 4022(2018) - Being a by-law to authorize the execution of a site plan agreement for the lands located at 80 Meridian Way, Parkhill Properties Corp. File No. SP-01-18. (considered earlier) 4. By-law No. 4023(2018) - Being a By-law for the Imposition of Development Charges and to Repeal By-law No. 3527(2014) 5. By-law No. 4024(2018) - Being a by-law to amend By-law #89-2000, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Town of Pelham, Schedule "W" Speed Limits, Centre Street.
Moved by John Durley, seconded by Catherine King
Carried
WHEREAS, the Federal Government implemented new rules concerning access to cannabis for medical purposes on August 24, 2016; and WHEREAS, Licensed Producers are required to comply with all requirements under the Access to Cannabis for Medical Purposes Regulations (ACMPR) including section 61, which requires that areas within a site where cannabis is present must be equipped with a system that filters air to prevent the escape of odours; and WHEREAS, the Town of Pelham and the Federal Office of Medical Cannabis (OMC) have, and continue to, receive numerous complaints since January 2018 about the odour emitting from Commercial Federally Licenced Cannabis Grow Facilities (FACILITIES )in Pelham; and WHEREAS, the odour being released from these FACILITIES is negatively affecting the residents of the Town of Pelham and the surrounding municipalities; and WHEREAS, these FACILITIES have been under investigation by Inspectors from Health Canada’s Cannabis Directorate since February of 2018 in regard to odour complaints with no resolution to date; NOW THEREFORE BE IT RESOLVED THAT The Government of Canada and its regulating bodies including Health Canada, The Federal Office of Medical Cannabis, and the Federal Office of the Cannabis Directorate be requested to take whatever action is necessary to ensure these FACILITIES comply with section 61 of the ACMPR in regard to the elimination of the odour being released from these FACILITIES; and THAT a copy of this resolution be circulated to
Moved by John Durley, seconded by Catherine King
Carried
BE IT RESOLVED THAT Council for the Town of Pelham directs staff to apply for a grant opportunity from the Federation of Canadian Municipalities' Municipal Asset Management Program for the Asset Management Plan; and THAT the Town of Pelham commits to conducting the following activities in its proposed project submitted to the Federation of Canadian Municipalities' Municipal Asset Management Program to advance our asset management program:
Moved by James Lane, 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. 4025(2018) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 16th day of July, 2018.
Moved by Catherine King, seconded by John Durley
Carried
BE IT RESOLVED THAT this Regular Meeting of July 16, 2018 be adjourned until the next regular meeting scheduled for August 20, 2018 at 6:30 pm.
Moved by John Durley, seconded by Catherine King
Carried

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