Town of Pelham Regular Council Meeting

THAT the agenda be amended to:  Move item 10.2.8 Vision for Town Civic Square Staff Report to immediately follow item 4.2.1 Pelham Civic Square Master Plan Delegation;  Add item 8.5.8; For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

THAT the Agenda be amended to include the addendum. For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT the agenda for the August 22, 2022 Regular meeting of Council be adopted, as amended. For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive from M. Guglielmi, Manager of Information Technology, an update on the new PSR system, for information. For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive the delegation from David Duhan of SHIFT Landscape Architecture, with respect to the Pelham Civic Square Master Plan, for information. For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

THAT the motion be amended to:  To strike the last paragraph of the motion and insert “AND THAT Council defer consideration of approval until staff can provide a fulsome update report on outstanding grants"  "AND THAT Council direct staff to return with the report and the preferred concept by February 2023." For (5): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, and Councillor John Wink Against (1): Councillor Marianne Stewart

BE IT RESOLVED THAT Council receive Report #2022-0203 Vision for Civic Square; AND THAT Council defer consideration of approval until staff can provide a fulsome update report on outstanding grants; AND THAT Council direct staff to return with the report and the preferred concept by February 2023. For (5): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, and Councillor John Wink Against (1): Councillor Marianne Stewart

BE IT RESOLVED THAT Council receive the delegation from Tim Nohara, Chair of the Cannabis Control Committee, with respect to the Cannabis Control Committee's Closing Memo and Recommendations, for information. For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

THAT the motion be amended to include:  AND THAT Council direct staff to consider the financial request from Friends of Maple Acre and to report back to Council by November 1st while the Friends of Maple Acres continue fundraising. For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOVED THAT Council receive the delegation from Sandee Matthews of the Friends of Maple Acre's Tree Carving and Garden Project, for information; AND THAT Council direct staff to consider the financial request from Friends of Maple Acre and to report back to Council by November 1st while the Friends of Maple Acres continue fundraising. For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. RC-13/2022 - Regular Council - July 25, 2022 2. SC-07/2022 - Special Council - August 15, 2022 For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT the Consent Agenda items as listed on the August 22, 2022 Council Agenda be received and the recommendations contained therein be approved: Consent Agenda Items to be Considered in Block 8.3. Staff Reports of a Routine Nature for Information or Action 8.3.1. 2022 Spongy Moth Program Summary Report, 2022- 0184-Public Works BE IT RESOLVED THAT Council receive Report #2022-0184 – 2022 Spongy Moth Program Summary Report, for information. 8.3.2. Grant Application for Celebration Square Fencing, Event Trailer, Digital Signage and Bike Lockers, 2022-0195-Corporate Services BE IT RESOLVED THAT Council receive Report #2022-0195 - Grant Application to Niagara Tourism Relief Fund for Celebration Square Fencing, Event Trailer, Digital Signage and Bike Lockers in the amount of $100,000, for information. 8.3.3. Asset Management Plan Update, 2022-0177-Corporate Services BE IT RESOLVED THAT Council receive Report # 2022-0177 Asset Management Plan, for information; AND THAT Council approve the Asset Management Plan for the Town of Pelham. 8.3.4. Status Update Report on Fenwick Secondary Plan, 2022- 0204-Planning BE IT RESOLVED THAT Council receive Report #2022-0204 Status Update Report on East Fenwick Secondary Plan, for information. 8.3.5 Memo re Council Lame Duck Status BE IT RESOLVED THAT Council receive Memo re Council Lame Duck Status, for information. 8.4. Action Correspondence of a Routine Nature 8.5. Information Correspondence Items 8.5.1. Niagara Peninsula Conserv

THAT the motion be amended to include option 4 (Trail in East Fonthill). For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive Report #2022-0163 Naming Opportunities for the late Jane Haist, for information; AND THAT Council authorize and direct staff to proceed with option 4 (Trail in East Fonthill) in honour of Jane Haist. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive Report # 2022-0194 – Grant Application for Electric Vehicle Charging Stations, for information; AND THAT staff are directed to include the 50% match of this grant in the amount of $94,285 within the 2023 Capital Budget to be funded by the Fleet Reserve, for Council’s consideration. For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive Report # 2022-0192-Corporate Services – Development Charges Background Study, for information; AND THAT Council hereby waive the requirements of the Town’s Purchasing Policy S402-00 and approve the sole sourcing of Watson & Associates Economists Ltd.; AND THAT Council authorize Watson & Associates Economists Ltd. to complete the necessary background study for the implementation of a new development charge by-law, at a cost of $40,000 plus HST; AND THAT the Development Charges Background Study be funded 100% from the Development Charge Reserve with no impact to the Tax Levy Operating Budget. For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

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, or until a set time of 9:35 p.m., whichever occurs first. For (4): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, and Councillor John Wink Against (2): Councillor Lisa Haun, and Councillor Marianne Stewart

BE IT RESOLVED THAT Council consideration of this agenda item be

BE IT RESOLVED THAT Council receive Report #2022-0201 – Recommendation Report for Draft Plan of Subdivision and Zoning By-law Amendment – Tanner Extension for information as it pertains to File Nos. 26T19-03-2021 and AM-12-2021; AND THAT Council direct Planning staff to prepare the by- law for approval of the Zoning By-law amendment for Council’s consideration; AND THAT Council approve the Draft Plan of Subdivision, attached as Appendix A, subject to the conditions in Appendix B. 10.2.6 Recommendation Report for Draft Plan of Subdivision and Zoning By-law Amendment - Park Place West, 2022-0197-Planning This agenda item was

BE IT RESOLVED THAT Council receive Report #2022-197 – Recommendation for Applications for Draft Plan of Subdivision & Zoning By-Law Amendment – Park Place West, for information; AND THAT Council directs Planning staff to prepare the by- law for approval of the Zoning By-law amendment for Council’s consideration; AND THAT Council approves the Draft Plan of Subdivision, attached as Appendix A, subject to the conditions in Appendix B. 10.2.7 Comprehensive Zoning By-law and Official Plan Amendment No. 15 - Final Recommendations , 2022- 0200-Planning This agenda item was

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 9:35 p.m. be and is hereby waived; AND THAT the remainder of the business on the floor, being item 10.2.7 Comprehensive Zoning By-Law and Official Plan Amendment No. 15 - Final Recommendations has been concluded. For (3): Mayor Marvin Junkin, Councillor Wayne Olson, and Councillor John Wink Against (3): Councillor Lisa Haun, Councillor Bob Hildebrandt, and Councillor Marianne Stewart

BE IT RESOLVED THAT Council receive Report #2022-0200 Comprehensive Zoning By-law and Official Plan Amendment No. 15 – Final Recommendations; AND THAT Council approve, in principle, Town of Pelham Comprehensive Zoning By-law 4481(2022); AND THAT Council approve, in principle, By-law 4482(2022) Official Plan Amendment No. 15: AND THAT Council waive Section 34(10.0.0.1) of the Planning Act, which prohibits applications for Zoning By- law Amendments and Minor Variance applications for a two-year period after the Comprehensive Zoning By-law is passed, for all lands Zoned Residential Development (RD) in Comprehensive Zoning By-law 4481(2022). 10.2.8 Emergency Management Program 2022 Revised , 2022-0172-Fire Dept This agenda item was

BE IT RESOLVED THAT Council receive Report #2022-0186 Meridian Community Centre Temporary Parking Lot Cost Estimate, for information; AND THAT Council approve the additional expenditure for the construction of a temporary parking lot on the north section of the lands adjacent to the Meridian Community Centre known as Part 4, in the amount of $47,720, funded from the Road Reserves account; AND THAT Council recognizes that the use of the north section of the lands adjacent to the Meridian Community Centre known as Part 4 as a temporary parking lot is a use of the lands for purposes of a public service provided by the Town, as described in section 6.20 of Town of Pelham Zoning By-law No. 1136(1987), as amended, and is therefore an appropriate and authorized use of the lands; AND THAT Council further recognizes that the use of the north section of the lands adjacent to the Meridian Community Centre known as Part 4 as a temporary parking lot is a use of the lands by the Town as a public authority, as described in section 3.26 of the new Town of Pelham Comprehensive Zoning By-law, and is therefore an appropriate and authorized use of the lands. For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

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-law: 1. By-law 4478(2022) - Being a by-law to remove the Holding (H) Provision executed by By-law No. 4437 (2022) for the lands on the east side of Pelham Street, north of Broad Street, legally described as Plan 25 Lot 6 NP 716, in the Town of Pelham; municipally known as 1553 Pelham Street. C. and K. Speers. File No. AM-05-2022 5. By-law 4484(2022) - Being a By-law to adopt Official Plan Amendment No. 16 for the Town of Pelham Planning Area. 120 Meridian Way. File No. OP-AM-01-21 6. By-law 4485(2022) - Being a by-law to amend Zoning By- law 1136 (1987), as amended, for lands located at 120 Meridian Way, located at the southwest corner of Rice Road and Meridian Way, legally described as Part of Block 4, Registered Plan 59M-432, and Parts 2 and 6, Plan 59R-16105, Town of Pelham, Regional Municipality of Niagara, from the East Fonthill Mixed Use 3 (EF-MU3) Zone to a site specific East Fonthill Mixed Use 3 (EF-MU3-323) Zone. Town of Pelham. File No. AM-04-21 For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

WHEREAS the Council for the Town of Pelham values building a strong community while protecting the environment; AND WHEREAS Council for the Town of Pelham has received resident complaints with respect to the improper delivery of unsolicited materials, newspapers and flyers which consequently blow all over town, creating pollution, nuisance and unsightly mess; AND WHEREAS Council for the Town of Pelham deems it desirable to enact a by-law requiring the proper delivery of any unsolicited materials, including newspapers and junk mail, by requiring the placement of the said materials within a mailbox, mail slot at the door or in a receptacle designated for this purpose; NOW THEREFORE BE IT RESOLVED THAT Council for the Town of Pelham directed staff to provide a report and draft by-law for Council’s consideration regulating the delivery of unsolicited materials; AND THAT staff shall report back to Council by September 19, 2022. 15. Matters for Committee of the Whole or Policy and Priorities Committee 16. Matters Arising Out of Committee of the Whole or Policy and Priorities Committee 17. Resolution to Move in Camera This agenda item was

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4486(2022) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 22nd day of August, 2022. For (6): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for September 6, 2022 at 5:30 pm. For (5): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Marianne Stewart, and Councillor John Wink Against (1): Councillor Wayne Olson