Town of Pelham Regular Council Meeting

THAT the agenda be amended by moving Item 10.2.9 to be considered immediately following the Pelham Active Transportation Committee delegation. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

Move Item 4.3.2 to be the first presentation on the agenda, and that Items 13.3 and 13.4 be considered immediately thereafter. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

THAT the agenda for the July 13, 2020 Regular meeting of Council be adopted, as amended. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT Council receive the Taxes Written-Off Report from the Corporate Services Department; and THAT Council approve the Taxes Written-Off Report in the amount of $4569.95 as per the Municipal Act, Sections 357 and 358. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

WHEREAS on September 10, 2019, the Town held a public meeting pursuant to clause 17(15)(d) and subclause 34(12(a)(ii) of the Planning Act, R.S.O. 1990, c. P. 13 for the purpose of giving the public an opportunity to make representations in respect of a proposed Official Plan Amendment and Zoning By- law Amendment for cannabis related uses; AND WHEREAS, Council has considered the modifications which have been made to the Official Plan Amendment and Zoning By-law Amendment following the public meeting; AND WHEREAS Council has, pursuant to subsection 34(17) of the Planning Act, determined that no further notice is required to be given in respect of the proposed Zoning By-law Amendment; NOW THEREFORE BE IT RESOLVED that Council receive the delegation materials from Tim Nohara, Chair of the Cannabis Control Committee, for information; AND THAT the Recommendation Letter, July 6 2020 together with the Regulating Cannabis in the Town of Pelham Addendum Report, July 5, 2020 prepared by Meridian Planning Consultants be received; AND THAT Council consider the adoption of the Final Official Plan Amendment and Zoning By-law Amendment By-laws appended thereto. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

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 4251(2020) - Being a by-law to adopt an Amendment to the Official Plan for the Town of Pelham Planning Area; Amendment No. 09; Provision for Indoor Cannabis and Industrial Hemp Cultivation; and 2. By-law 4252(2020) - Being a By-law passed pursuant to the provisions of Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended to amend the Town of Pelham zoning By-law No. 1136(1987), as otherwise amended, to establish provisions that apply to cannabis-related uses and industrial hemp-related uses in the Town of Pelham. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT Council receive the COVID-19 update presentation from V. vanRavenswaay, Director of Recreation Culture and Wellness, for information. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT Council receive the COVID-19 update presentation from B. Lymburner, Fire Chief and Community Emergency Management Co-Ordinator, for information. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED that Council receive the COVID-19 Up-date presentation from D. Cribbs, Chief Administrative Officer, for information. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED that Council receive Bea Clark, Pelham Active Transportation Committee delegation, for information. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-11/2020 - Regular Council Minutes of June 15, 2020; and 2. SC-10/2020 Special Council Minutes June 15, 2020 Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT the Consent Agenda items as listed on the July 13th, 2020 Council Agenda be received and the recommendations contained therein be approved, as applicable. -------------------------------------------- 8.3 Staff Reports of a Routine Nature for Information or Action 8.3.1 Update on Pedestrian Safety When Crossing Pelham Street at Church Hill, 2020-0100-Public Works BE IT RESOLVED THAT Council receive Report #2020-0100-Public Works entitled “Update on Pedestrian Safety When Crossing Pelham Street at Church Hill” for information purposes (lifted for separate consideration) 8.5 Information Correspondence Items 8.5.1 Thank You Letter - The Ciolfi Family BE IT RESOLVED THAT Council receive a thank you letter from the Ciolfi Family, for information. 8.5.2 2019 NPCA Annual Water Quality Monitoring Report BE IT RESOLVED THAT Council receive the 2019 NPCA Annual Water Quality Monitoring Report, for information. 8.5.3 Letter from Sharon Cook re: Support for the Active Transportation Committee to Surface Trails BE IT RESOLVED THAT Council receive correspondence from Sharon Cook regarding support for the Active Transportation Committee to surface trails, for information. 8.5.4 Letter from Carolyn McCourt regarding Short Term Accommodations BE IT RESOLVED THAT Council receive, for information, the July 7, 2020 correspondence submitted by Carolyn McCourt regarding Short Term Accommodations. 8.7 Committee Minutes for Information 8.7.1 Cannabis Control Committee BE IT RESOLV

THAT Public Works Report 2020-0100 - Update on Pedestrian Safety When Crossing Pelham Street at Church Hill be

BE IT RESOLVED THAT Council receive Report #2020-0083; AND THAT Council consider approving Nuisance By- law 2020. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT Council receive Report #2020-0102; and recommend to Council: THAT the private entry onto adjacent lands by-law be considered for Council’s approval. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT Council receive Report #2020-0098; and FURTHER BE IT RESOLVED THAT Pelham Town Council endorse the Niagara Region’s application to join the Coalition of Inclusive Municipalities in pursuit of the ultimate goal of making all of Niagara a community that is inclusive and supportive for all residents and guests. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT Council receive Report 2020- 0090 as it pertains to Short Term Accommodations Policies and Regulations (file No. AM-12-18); AND THAT Council declare the revisions made to the Official Plan, as directed by Council at the June 1, 2020 meeting, to be minor in nature and that no further public meeting is required; AND THAT Council approve the amendments to the Official Plan and Zoning By-law as well as the Licencing By-law for Bed and Breakfast Establishments and Short Term Accommodations. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT Council receive Report #2020-92 as it pertains to the demolition of a barn at 855 Twenty Road; and THAT Council direct Planning staff to include 855 Twenty Road on the register of non-designated properties situated in the municipality that is of cultural heritage value or interest that is being worked on by Planning staff. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT Council receive and approve Report #2020-0097-Public Works; AND THAT Council directs staff to apply for a grant opportunity from the Federation of Canadian Municipalities’ Municipal Asset Management Program for a GIS Asset Management Specialist. 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 the asset management program: a. Asset condition assessment on all core assets (i.e. roads, bridges and culverts, water, wastewater and stormwater management systems); and b. Inventory Existing Core Assets into specialized asset management software. AND THAT the Town of Pelham commits $26,200.00 in its 2021 operating budget toward the costs of this initiative. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT Council receive Report # 2020-0081; and recommend that Council endorse the proposed landscaping improvements to permit Staff to proceed with tendering the project for completion in the fall of 2020; and THAT Council instruct Staff to look into the opportunity to include the grant funding received through the 2020 PRIP Program for Tree Planting and Trail Enhancements along Rice Road (RR #50) adjacent to the paved multi-use trail and develop one single landscaping tender in order to gain economies of scale. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

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 4250(2020) - Being a by-law to amend By-law No. 4187(2020) to establish 2020 Fees and Charges to be collected by the Corporation of the Town of Pelham; And to amend Schedule “1”, Recreation & Culture Services. 2. By-law 4251(2020) - Being a by-law to adopt an Amendment to the Official Plan for the Town of Pelham Planning Area; Amendment No. 09; Provision for Indoor Cannabis and Industrial Hemp Cultivation See Agenda Item 4.2.2 3. By-law 4252(2020) - Being a By-law passed pursuant to the provisions of Section 34 of The Planning Act, R.S.O. 1990, c.P.13, as amended to amend the Town of Pelham Zoning By-law No. 1136 (1987), as otherwise amended, to establish provisions that apply to cannabis-related uses and industrial hemp-related uses in the Town of Pelham. See Agenda Item 4.2.2 4. By-law 4253(2020) - Being a By-law to prohibit and abate public nuisances in public places within the Town of Pelham. 5. By-law 4254(2020) - Being a By-law to permit owners or occupants of any buildings, fences or other structures, or their agents or employees to enter up-on any adjoining land for the purpose of making repairs, alterations or improvements to such buildings, fences or other structures and to Repeal and Replace By-law N

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 4254(2020) - Being a By-law to permit owners or occupants of any buildings, fences or other structures, or their agents or employees to enter upon any adjoining land for the purpose of making repairs, alterations or improvements to such buildings, fences or other structures and to Repeal and Replace By-law 1155(1987). Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 4 2

BE IT RESOLVED THAT the next portion of the meeting be closed to the public in order to consider the following: Pursuant to Municipal Act, Section 239(2): 1) Section 239(2)(d) - labour relations or employee negotiations (1 item) 2) Section 239(2)(j) - financial information that belongs to the municipality or local board and has monetary value or potential monetary value (1 item) Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT Council adjourn the In Camera Session and that Council do now Rise With Report. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT the Chief Administrative Officer be and is hereby authorized to undertake the directions provided during the In Camera meeting of July 13, 2020. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4260(2020) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 13th day of July, 2020. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0

BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for July 26, 2020 at 5:30 pm. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Marianne Stewart X John Wink X Results 6 0