Starting Review of Town’s Zoning Bylaw

Ever wonder what controls the heights and sizes of buildings in a community? What rules allow certain type of uses – like a gas station or an apartment building or townhouse – in one area, but not in another? Or, where do the rules come from for the amount of parking a store or an apartment or a church must have?

In Ontario, it’s a community’s Zoning Bylaw that contains detailed information on what kind of land use and what kinds of physical structures are allowed on each property in the Town. The Zoning Bylaw puts into effect the Town’s “Official Plan” or Secondary Plans (like the East Fonthill Secondary Plan or the North-West Fonthill Secondary Plan).

The details include the height and “massing” of buildings, the distance buildings must be set back from the street or other yards, and any landscaping requirements.

Since Zoning By-laws are legally enforceable (under the Ontario Planning Act), proposed developments that do not fit the By-law’s requirements are not allowed to proceed – unless they receive a variance. Thus, this important Bylaw helps achieve Council’s objectives for a successful, vibrant, and livable community.

The existing Zoning Bylaw was approved in 1987 and contains hundreds of exemptions and variances.

Since we recently updated the Town’s Official Plan – via Ontario Municipal Board approval in 2014 – Staff have been working on re-drafting a new Zoning Bylaw. That draft was presented publicly on Monday.

Staff proposed that we begin the consultation process on the draft By-law and receive feedback from you and other members of the community and agencies this Fall. We will schedule public open houses, meetings with the development community, and a special meeting with Council to receive agency input.

Following this type of consultation with the community, agencies and Council, Staff will revise the draft Zoning By-law to address the comments and feedback received. Then, Council will likely undertake a second round of community consultation.

As you will appreciate, the Town’s new Zoning Bylaw will be an important document that will oversee growth and development in the Town for many, many years.

If you are interested in reviewing Staff’s first public draft, please check out our July 25 Policy & Priorities Committee agenda by clicking here (for the agenda package) and going to page 113.. Alternatively, please watch both traditional and “social” media for further information about meetings and updates.

Council and I look forward to working together with you and other residents and business owners to update our Zoning Bylaw to ensure that Pelham continues to be a successful, vibrant, and livable and with a unique blend of residential housing types, commercial-mixed uses, and agricultural operations and uses.

Thanks for Best Summerfest Yet!

On behalf of Council and the community, thank you to the 2016 Summerfest Committee, Town Staff, service club and other volunteers for your hard-work and dedication and to the many generous sponsors who made this year’s four-day Summerfest the most successful yet!

First, I greatly appreciate the work of the Summerfest Committee, including John Wink, Chair; Councillor Gary Accursi; Bill Gibson, Active Transportation Committee rep; Candy Ashby, Pelham Business Association rep; Matthew Leask and Michelle Stewart, Pelham residents; and Sofia Labricciosa, Mayor’s Youth Advisory Council rep. The committee met for months prior to Summerfest to plan and finalize every detail and they worked very, very hard all weekend long to ensure a successful festival. Thank you very much!

Second, thanks so much to Town Staff! Thanks to Vickie van Ravenswaay, Sally Jaeger, Jodi Hendriks and other staff who helped organize the overall event and worked with the Committee to ensure success. I also appreciate the many Town staff who volunteered in one capacity or another – from setting up, to serving beverages, to cleaning up – throughout the four days; thanks for giving your time to our community. And, thanks to the (mainly) Public Works staff who worked during the Festival on logistics, garbage and recycling duty, and ensured the safety of participants and all the major clean-up!

Third, thanks to the very many members of the Town’s service clubs – including the Fonthill & District Kinsmen and Kinettes Clubs, the Fonthill Lions Club, and the Fonthill Rotary Club – for helping serve beverages and greeting patrons. We couldn’t have done it without you!

Fourth, thanks to the other members of the community who also volunteered! Thanks to members of the Pelham Fire Service, the Active Transportation Committee, the Pelham Seniors Advisory Committee, St. John’s Ambulance, the Mayor’s Youth Advisory Council, members of Town Council, and the many, many other community volunteers!

Fifth, thank you to the many Sponsors and Friends of Pelham Summerfest including our Gold Sponsors: Ball Construction, Fonthill Bandshell, Fonthill Dental, Halco Mobile, Lafarge Canada, McAvoy Belan & Campbell, Meridian Credit Union, RBC Royal Bank, and Square Roots Restoration. And, thanks to our amazing Media Partners including: Cogeco TV; Country 89; Erie Media; Giant FM; MyPelham.com; Niagara This Week; Pelham News; the Standard; the Tribune; and the Voice.

Finally, thanks to you and the more than 30,000 other people who enjoyed Pelham Summerfest over the festival’s four days! Your attendance and community spirit made it a huge success!

All of this work and participation – including the visit by Tourism Minister Eleanor McMahon, the amazing performances by Jully Black and the many other performers, the participation of Carlos and Suki from YTV, and the addition of a Sunday Car Show – helped make the 2016 Pelham Summerfest the best ever!

On behalf of Council, I appreciate the vision, dedication, and tremendous work by so many volunteers and staff to celebrate our vibrant, creative, and caring community! Thank you and congratulations on a resounding and overwhelming success!

Leveraging & Accelerating GO Rail

Bob Tymczyszyn/St. Catharines Standard/Postmedia Network

Following months of anticipation, the Provincial Government’s June 28th announcement to expand GO train service into Niagara created much excitement. Now that we’ve had a couple of weeks to reflect, how can we make this opportunity even better?

Significant Works: 
While some have bemoaned the 2021 (Grimsby) and 2023 (St. Catharines & Niagara Falls) timetable, others realize that Metrolinx (the Provincial corporation that runs GO Transit) must undertake extensive work to extend GO Rail to Niagara.

Since CN owns the track upon which GO Rail to Niagara will travel, improvements must “occur in coordination with CN along their corridor, ensuring no impacts to CN and AMTRAK rail services.”

These works include adding 21 km of track in Niagara and 12 new track crossovers (switches); improving and modifying 17 road crossings; building new Confederation (Stoney Creek) and Casablanca (Grimsby) stations; significantly upgrading St. Catharines and Niagara Falls stations; upgrading signals and rail traffic control system; and constructing a train layover facility in Niagara Falls.

The Province continues to negotiate an agreement with CN to undertake this work. “When an agreement with CN is reached, Metrolinx will undertake planning and design work required to implement the service.” (Tribune, 29 June 2016, p1.)

Transfer Service:
During our pre-announcement technical briefing, the Chief Operating Officer of Metrolinx told Niagara Mayors and Regional Chair that the “track to Confederation is fundamental to Niagara’s expansion.” Why? Because, similar to as we outlined in our 2015 business case, Niagara’s service will be a “transfer service” to the Lakeshore West rail service via the Confederation station.

Funding In Place:
Importantly, Minister Del Duca confirmed that all internal approvals “are in place, including financial approvals, to deliver GO train service to Niagara.” He also stated that the “Station work is not time critical” and some of the station upgrades in Niagara Falls and St. Catharines will begin in 2017.

But, Can We GO Faster?
Some have asked how we might accelerate GO service to Niagara. It’s a good question because the Minister indicated that “If, as a result of this important process, work can progress faster, it will.”

Obviously, because this will be a transfer service, the “opening of the Stoney Creek GO Station in 2019 will impact the plan for Niagara.”

But, much depends on the negotiations and planning with CN and roll-out of the plans. Since these factors are not in Niagara’s direct control, I believe the worst thing we could do is “rest on our laurels.”

Instead, I believe Niagara Region should take the opportunity to get involved in discussions with CN and Metrolinx to try to advance the timetable. Let’s take a “We are here to help and want to partner with you,” approach.

And, while we must keep pushing for GO Rail, I believe this announcement encourages us to continue to concentrate on developing a regional transit service. Let’s get an integrated transit service finalized by the end of 2017 and show the Province we are serious about public transportation in Niagara.

Happy Canada Day, Pelham!

Canada Day 2016 in Pelham is our opportunity to gather with family and friends and to proudly celebrate all it means to be Canadian and to live in our great community.

This year, volunteers have worked with Town Staff and sponsors to put together a fabulous celebration!

Thanks to the Rotary Club of Fonthill & District for organizing amazing children’s activities from 11:00 AM to 5:00 PM at Harold Black Park! Expect bouncy castles and activities, hands-on games and activities, and face painting.

On your way to and from the Park, check out the Grand Parade on Haist Street, starting from 1:00PM from A.K. Wigg School to the Park. Don’t forget to wear your favour red and white shirts and hats to show off your Canadian pride! Watch out for the Pelham firefighters – armed with water – or grab some candy and Canadian flags from other parade participants. Join us for the opening ceremonies at approximately 2:00 PM at the flag pole at Harold Black for the singing of the National Anthem and the cutting of the gigantic, free Canada Day birthday cake (thanks to Fonthill Sobey’s).

In addition to great food and music sponsored by Niagara Peninsula Energy, and Sawmill Golf Course, join in other activities at Harold Black Park, including: Knights of Columbus Soccer Challenge at 2:30 PM; Poutine Eating Contest at 4:00 PM, sponsored by the Fonthill Lions Club; or watch the Krusher BMX Stunt Team at 5:30 PM and 7:00 PM. And don’t forget about the amazing fireworks at 10:15 PM, sponsored by the Fonthill Volunteer Firefighters Association.

Or, if you want to “chill” at Peace Park in Downtown Fonthill instead, join in for free Canada Day Birthday Cake at 2:20 PM and musical entertainment by Honest Frankie from 2:30 to 4:00 PM.

Finally, don’t forget about the free shuttles – running noon to midnight (except during the parade between 1:00 – 3:00 PM) throughout the entire Town.

Special thanks to the Government of Canada through the Department of Canadian Heritage for additional funding and support!

You and I are also blessed to have so many of our neighbours and businesses working to make our Town a prosperous, vibrant and caring community. I continue to marvel at the work and dedication of so many generous volunteers who form the foundation of our vibrant community throughout the year – not just on Canada Day.

As you and your family and friends commemorate our country’s 149th Birthday, I hope you will join me in celebrating and in giving thanks for Pelham and for Canada.

For more information, please see the Town's website at: http://www.pelham.ca/en/experience/Canada-Day.aspx

Maple Acre Library Renovation Starts

It was great to start this week by ceremoniously beginning the renovation and revitalization of the Maple Acre Library in Downtown Fenwick. I was pleased not only because members of the Advisory Committee, the Pelham Library Board, Friends of Maple Acre Library, and Town Council could hold demolition tools, but because renewing the Library Branch has been talked about and desired for many, many years.

Council and the Library Board recognized years ago that the aged Maple Acre Library branch required renewal; we struck a joint committee back in 2008 to make recommendations. While that committee looked at many ideas – building a joint Library / Firehall (prior to the new Fire Station #2), constructing a new library either in Centennial Park or at the former Fire Station (Welland Road at Canboro) – it got a bit stuck on the details and options.

To get things moving, the Town retained a consulting firm in early-2013 to conduct facilities and operational reviews. This review recommended that the Maple Acre branch become a kiosk-type operation, instead of a full-service branch. This recommendation was rejected by the Board and met the ire of the community-at-large.

To break the impasse, Council initiated combined Council, Board, Friends of Maple Acre Library and community creative problem solving sessions in late-2013 to early-2014. Working on the challenge – “How might we provide the most appropriate library services in Fenwick?” – led to an April 2014 resolution of Council to “continue library services at the Maple Acre Branch.”

That spring, Council struck a tripartite working group to recommend a “state of the art, ideal, and resilient library” in Fenwick. In September, the group proposed renovating and adding on to the original 1919 Maple Acre building with a “learning commons”-type library with “rentable, flexible, multi-purpose, open space” and an area for the community’s “significant historic records.” Council accepted the report and approved a $1 million for the design / build of the facility in 2015, and asked the working group to oversee the design.

The renewed Library will include these features with the exterior to follow the Town’s design guidelines for Civic Landmark Buildings (like Libraries): “Where additions or external alterations are proposed, the design should be sympathetic and subordinate to the heritage aspects of the buildings while clearly distinguishing between that which is new and old.”

The Maple Acre Library has been a part of Fenwick’s history and downtown since 1919. I am pleased that the Library’s redevelopment maintains that history and continues Council’s commitment for the ongoing revitalization of Downtown Fenwick. I hope this renewed community library will be enjoyed and cherished by generations to come.

Have Your Say About Public Art Options

I hope you can provide your feedback on something that has been talked about and planned for many years – a gateway / public art feature at the Eastern entrance to Pelham.

You see, various Town planning documents – the East Fonthill Secondary Plan, the East Fonthill Site Master Plan, and the Downtown Master Plan for Fonthill & Fenwick – have called for a gateway feature or public art installation at the corner of Regional Road 20 (Hwy 20) and Rice Road. This location “…represents an opportunity for the Town to develop a significant gateway element, integrated with the design of the stormwater management pond, to promote Town identity.”

Now that the development in that area is proceeding, Council earmarked $200,000 in the 2016 Capital Budget for this feature.

The Town received 25 national and international submissions for qualifications to our Call to Public Artists in January 2016. Through a review and evaluation process, a Public Art Selection Panel shortlisted three finalists who each provided a submission.

Pelham Gates: by Jennifer Marman and Daniel Borins. “The integrated artwork rises eighteen feet into the sky to welcome visitors to the area. Tall poles resemble reeds or grasses, elegantly curved to suggest movement resulting from a gently blowing wind…part to reveal the water beyond but also as a gesture of welcome or embrace.”

Sculpture: by Juanjo Novella. “The Sculpture has a great presence and at the same time is very dynamic. Despite the size, scale is human, among others, this is determined by the presence of the open faces and you can enter, allowing different views and that the sculpture is very diverse. The human being does not feel self-conscious about the sculpture, but feels himself elevated and part of an experience.”

Pelham House: by Kip Jones. “The intention is to create a unique site-specific work that has multiple uses as a meeting place, a recognizable intersection and a place of introspection. The concept of Pelham House speaks to the relationship of humans to nature in a way that reflects on its harmonious inter-connections — it is a dualistic vision, as in mind and matter or yin and yang.”

Please provide your feedback at www.pelham.ca/public-art or in writing with the forms at Pelham Town Hall until June 17. Your comments and response to the questions will be reviewed and considered by Pelham's Art Selection Panel before they make their final selection and recommendation to Council for approval this summer.

Oversight, Staffing, and Sale of Lands

Last Tuesday, Council held a special meeting to learn more about development charges, discuss project oversight and staffing of the new Community Centre, and move ahead on land sales / development.

Development Charges:
A Provincial expert in Development Charges affirmed that over the next 30 years, the Town is eligible to collect at least $12.1 million from the recreation services portion of the Town's Development Charges. Development Charges will also fully-fund all interest costs.

Because this revenue will only be for the indoor recreation services portion of the collectable Development Charges, funds will still be available to help pay for other growth related infrastructure throughout the Town – including roads, water, wastewater, fire services, library services, and transit.

Project Oversight:
Council approved establishing a Community Centre Oversight Committee that will ensure the project will be constructed on time and on budget. The small, volunteer Committee will supervise the project’s schedule, budget, quality of construction, final design, health and safety, and other risk mitigation measures. They will provide monthly reports to Council (and to the public at www.pelham.ca/community-centre). Council will consider the Committee’s terms of reference and members on June 6.

Council also approved the CAO’s recommendation to hire a financial specialist on contract (18 to 24 months) to oversee all financial elements of the Community Centre and the East Fonthill development. This dedicated position will not only provide constant financial management, but will also allow current staff to maintain the rest of the Town’s operations.

Staffing for the Centre:
The HR Director presented the first iteration of the proposed staffing needs to operate the Pelham Community Centre. The operating pro forma presented to Council in March – which shows it will cost approximately $110,000 (net) per year to operate the Centre – contained $611,699 for new staffing. While this first-draft shows 18 new staff – four (4) full-time, six (6) part-time, and eight (8) seasonal – staffing details will continue to be refined over the coming months as the Town prepares to open the facility.

Sale of Lands:
Council reviewed a comprehensive inventory of all the lands that could be considered and disposed of by the Town for development. Council further directed staff to develop a strategy, including the drafting of conceptual plans, for the sale the East Fonthill surplus lands (19.75 acres) and the Haist Street arena property (8.2 acres). Council also approved an Environmental Impact Study so that 12 tax-sale-lots owned by the Town on the unopened portion of Balfour Street (between Chantler and Webber Roads) might be sold.

Council continues to take steps to monitor and oversee the construction of the Community Centre and to ensure the financial plan is realized.

New Municipal Drain Policies Approved

You may recall that last fall Town Staff sent out several notices requesting payment for maintenance done on some of the Town’s Municipal Drains. There were many questions about the bills and Staff even had to correct some bills.

Council listened to these concerns and directed Staff to hold an Open House in October to answer any questions or concerns.

As a follow-up, Council directed Staff to re-examine and revise the Town’s Municipal Drain policies and procedures. Council approved those policy changes on May 2.

A Municipal Drain is a legislated drainage system for a sub-watershed within the Town. Most municipal drains are either open ditches or closed systems such as pipes or tiles buried in the ground. While Municipal Drains are primarily located in rural agricultural areas, they can also drain parts of the Town’s urban areas. Some Municipal Drains could also include structures such as storm water detention ponds, culverts and bridges.

A Town may only create a Municipal Drain under the authority of the Drainage Act. Municipal Drains include three-key elements.

Community Project: Landowners who need to solve a drainage problem may submit a petition under the Drainage Act to request the establishment of a municipal drain. If certain criteria are met, the Town appoints an engineer to prepare a report, identifying the proposed solution to the problem and how the costs will be shared. The Act outlines various meetings and appeal stages before the community project can be approved.

Legal Solution: After any appeals, the municipality passes a by-law, adopting the solution. The municipality then has the authority and responsibility to construct the drain. The cost of the work is assessed to the lands in the watershed in the same ratios as contained within the engineer's report.

Municipal Infrastructure: Once constructed, a Municipal Drain becomes part of that municipality's infrastructure. The Town, through our drainage superintendent, is responsible for repairing and maintaining the municipal drain.

The new Municipal Drain Maintenance and Billing policy aims to ensure that drain maintenance and billing occurs in a consistent, fair and timely manner; this policy includes the provision that the Town must hold an annual Open House to inform the community about Municipal Drainage matters.

The new Municipal Drain Re-Apportion of Assessment policy helps ensure that the Town follows prescribed mechanisms to re-apportion the assessment of properties within a municipal drain watershed when lots are created or amended.

(To review the new policies, please click here.)

Thanks to those who worked together with the Town to improve our policies and procedures on this very important part of our Town’s infrastructure.

Answering Indoor Pool & Amendment Questions

Since Council recently approved moving forward with the construction of the Pelham Community Centre, some people have continued to ask questions. Here’s two of the most oft asked questions:

Why No Indoor Pool?
You will recall that since 1990 the community has consistently voiced a desire – through seven consultant studies and staff reports – for a new twin pad arena, new indoor pool facilities and other community facilities. But, when Council reviewed those reports in late-2012, we confirmed that “no significant or meaningful financial work was completed.”

So, the Town surveyed you and your neighbours about your needs, tested a business case, and developed an operating pro forma to satisfy those needs.

In 2013, the Town hired LeisurePlan, experts in community recreation planning, to conduct a statistically-significant resident survey about our community's needs and preferences. LeisurePlan used this survey to test the business case for various community facilities.

In January 2014, LeisurePlan reported that the number of potential members to use an indoor pool was only 50% of that required to financially support it. Further, they estimated that to make an indoor pool “financially viable” the Town would have to provide an operating subsidy “in the order of $1,000,000 per year.” Therefore, because of the high capital and operating costs and lack of sustaining demand, Council accepted LeisurePlan’s recommendation that the Town not provide an indoor pool facility.

Why Disallow An Amendment For a Single Pad Arena?
After receiving presentations and correspondence from residents and community representatives during our special Council meeting on April 25, Council deliberated a motion to move ahead with the construction of the Community Centre as designed.

When a Councillor tried to move an amendment to that motion to construct the Centre with only one arena, I had to rule the amendment “out of order.” Why? Because Council already approved designing the facility with two arenas.

You see, on July 6, 2015 Council received a business case report from Leisureplan showing that the sustaining demand exists to operate two arenas. As a result of that report, Council approved a motion that we design the Community Centre with two arenas so that both would operate when the building opens.

To change gears and enact what the April 25 proposed “amendment” tried to accomplish, Council would have had to 1) defeat the motion we were dealing with, 2) rescind the July 6, 2015 motion, 3) and direct that the Centre be re-designed with one arena and so that a second to be added later.

I am pleased that we are constructing a Community Centre based on a solid business case. And, I appreciate the ongoing interest from the community! For more information about the Pelham Community Centre, please go to www.pelham.ca/community-centre.

Next Steps for Pelham Community Centre

Public Meeting at Old Pelham Town Hall

Last Monday, Council held a public meeting at Old Pelham Town Hall about plans for the Pelham Community Centre.

We heard 17 passionate presentations (and received three) from individuals and groups representing thousands of from the community including the Pelham Seniors Advisory Committee, three youth sport associations, the Chamber of Commerce, the Niagara Building & Construction Trades Council, the Architectural Design Advisory Committee, and individual residents. Most presenters spoke about the need for the facility and their excitement on how the new Community Centre will dramatically improve our Town. A few individuals expressed reservations about the financing and questioned some elements of the facility.

In addition to the presentations, Council received 138 community letters and 22 online community engagement comments. The overwhelming majority of these letters (more than 125) and comments supported the Community Centre plan as presented more than a month before. Council also considered reports and recommendations from Staff.

Encouraged by the community support and excitement, Council approved the new Community Centre. (Please see official Town news release here.)

But, this decision doesn’t mean that we simply rest of our laurels. Rather, Council’s role changes from consultation and deliberation to oversight, approvals, and lobbying.

Together with the Treasurer, I asked the Town’s auditor to assist Staff in recommending best practices for overseeing the detailed design and construction of the Centre. Before the end-of-the-month Council will consider project and spending oversight options so that the Town can deliver the project on time and on budget.

We also directed Staff to apply for government grants when they become available. Last week, the Federal Government announced preliminary steps toward working with the Provinces for recreational and cultural project funding. When those grants open up, we will appeal to local MPs and MPPs and encourage you to do the same.

Council also directed Staff to present options for a comprehensive development and land-sale strategy before the end-of-the-month. This will not only include Town-owned lands in East Fonthill area, but lands in other parts of the Town too.

Because some Councillors wanted to better understand Development Charges, Council will also receive a presentation about DCs from the Provincial expert.

Finally, Council approved Memorandums of Understanding to negotiate long-term leases with Pelham Minor Hockey Association, Pelham Panther Basketball, Southern Tier Admirals AAA, Welland Raiders Minor Lacrosse Association, and Niagara Centre Figure Skating Club; Council will consider user-group leases over coming months.

After decades of community consultations, deliberations, analysis and planning, I am thrilled that we are taking action to construct a new Community Centre to serve residents of all ages for many, many years.