Should We Appoint or Hold A By-Election?

As you know, Larry Clark resigned from Town Council effective November 5 because he and his family will be moving back to British Columbia in February. He served as Councillor since 2010 and will be missed for offering a common-sense approach while representing Ward One residents. Council accepted his resignation “with regret” on November 4.

During our November 18 Council meeting, we will officially declare the seat “vacant.” Later that evening, during our Committee meeting, Councillors will discuss a report outlining the options to fill the seat.

Vacancies like this have occurred three times in Pelham’s history. The first was in 1972 when a Councillor died while in office. Since the vacancy occurred within 90 days before the next election, Council followed the Municipal Act and did not fill the vacancy.

The second time was in 2008, when Malcolm Allen was elected to the House of Commons. With two-years remaining in the term, Council appointed the candidate who placed third in Ward One in the 2006 Municipal Election – James Lane.

The third time was in 2011 after Debbie Urbanowicz resigned for personal and health reasons three-months into our current, four-year term. At first, a majority of Councillors voted to call for applicants and vet them behind closed doors. However, because of the strong, negative community reaction, Council agreed to hold a by-election. That’s how Councillor Rybiak was elected in June 2011.

Essentially, the Municipal Act provides two options to fill a Council vacancy:

First, Council may hold a by-election. Eligible candidates must be Canadian citizens who are at least 18 years old and reside in the Town. (In March 2011, Staff estimated the cost for a by-election at approximately $8,000.)

Second, Council may appoint an “eligible” person within 60 days of declaring a seat vacant. An eligible person consents to the appointment and meets the above criteria for election.

Some Councils simply appoint the candidate who came next in the previous election; in this case, following his 2008 appointment, James Lane came third in the 2010 general election and second in the 2011 by-election.

Other Councils call for applicants and interview candidates in full, public view; the voting also occurs in full, public view. The City of Toronto used this process in October when they appointed Peter Leon to replace Doug Holyday (who was elected to the Ontario Legislature in August).

Before our discussion next Monday, I am very interested in hearing your views; please call me or email me at mayordave@pelham.ca. You may also want to speak to your Councillors directly; please click here for their contact info on the Town of Pelham website.

As Volunteers Aspire For Better They Inspire Others

Last Wednesday, Council and I hosted the Town’s Annual Volunteer & Community Corporate Recognition Ceremony at Lookout Point Golf Club. It’s one of my favourite events of the year because we recognize the dedication and hard work of hundreds of Pelham’s volunteers.

Volunteers work to beautify our Town – as part of Communities in Bloom, or the Horticultural Society, or those that have “adopted a road”, or the Downtown Beautification Committee.

Other volunteers organize Pelham’s significant public events – from the Fonthill Bandshell Concerts, to Biketoberfest, to Fenwick’s 160th Anniversary Celebration, to the Canada Day Celebrations, to Summerfest.

Volunteers – like coaches, convenors, team managers, and score keepers – in every sport from figure skating to soccer, ensure that our children and youth practice skills, enjoy sport, and learn how to play fair.

Others work to ensure that our Town progresses and moves forward including those serving on the Library Board, the Active Transportation Committee, and the Mayor’s Youth Advisory Council.

And members of Pelham’s service clubs work to enhance community – from supporting our parks to our teams to local charities.

We presented the “Peer Award” as a special way of recognizing outstanding individuals.  Each community-based group or organization in Pelham nominates one of their most exemplary volunteers.

Deep appreciation to Peer Award recipients:

• Michael Andrus, Knights of Columbus;
• Roxanna Bowman, Pelham Farmers’ Market;
• Tom Boyce, Pelham Cares;
• Gary Chambers, Fenwick’s 160th Anniversary;
• Doug Gaylor, Fonthill Lions Club;
• Leo Giovenazzo, Canada Day Committee;
• Bill King, Communities in Bloom Committee;
• Andrea Keus, Pelham Soccer Club;
• Cora-Ann MacKinnon, Niagara Centre Skating Club;
• Joseph Marchant, Pelham Active Transportation;
• Gladys Recchia, Fenwick Lioness Club;
• Norm Recchia, Fenwick Lions Club;
• Linda Roach, Fonthill Lioness Club; 
• Heidi TeBrake, Pelham Art Festival;
• Madeline Wallace, Mayor’s Youth Advisory Council;
• Diane Weeks, 613 Royal Canadian Army Cadets;
• Jim Wellington, Royal Canadian Legion, Branch 613;
• Loraine Woods, Royal Canadian Legion, Branch 613 Ladies Auxiliary.

We also honoured our Corporate Citizens – those businesses that give money, resources, product – to all facets of our community. We especially honoured the Lazy Loon Restaurant with a Corporate Peer Award for their generosity to so many charities and commitment to improving our Town.

Thanks to Joseph Veloce, Olympian and special guest speaker, and Taylor Wallace and Jessica Wilson, singers and song writers, for inspiration and entertainment. And, thank you Perry Wakulich for designing and creating a wonderful and new Peer Award.

I offer deep thanks to each of the Town’s volunteers and corporate citizens for giving of themselves to help other people and to make Pelham a vibrant, creative and caring community for all.

Final ANSI Boundary Protects Fonthill Kame!

I was jubilant when I received the letter and the map.

After nearly four-and-a-half years, the Ministry of Natural Resources recently issued the final ANSI (Area of Natural & Scientific Interest) boundaries for the Fonthill Kame-Delta. This final ANSI boundary includes most of the former area and increases the protection from 930 acres to 993 acres.

You will recall that the “Fonthill Kame-Delta” is our rare, 75-metre-tall landmark that was formed by retreating glaciers 13,000 years ago. The Kame boasts the highest point in Niagara and the headwaters of Twelve Mile Creek. It’s the “hill” in Fonthill and Shorthills and the “ridge” in Ridgeville. The Kame’s microclimatic and soil conditions create an ideal environment for tender fruit production.

MNR identified the Fonthill Kame as provincially significant in 1976 and as a Provincial ANSI in 1988. This designation restricts development for reasons of heritage, science or education.

In May 2009, MNR recommended significantly reducing the ANSI’s coverage to “representative samples.” Pelham Council, Niagara Regional Council, Niagara Escarpment Commission, Niagara Peninsula Conservation Authority, scientific experts, dozens of Pelham residents, Tim Hudak, MPP, and Minister Jim Bradley, St. Catharines MPP, voiced opposition to these changes.

As a result, in early 2010, Pelham received a strong commitment from Donna Cansfield, MPP, Minister of Natural Resources:  “Please let me assure you that it is our intention to maintain and, where feasible, enhance the current ANSI boundary.”

Despite that assurance, in 2011, MNR proposed reducing the ANSI to “Swiss-cheese” by failing to protect huge portions of the Kame – especially those areas that are under direct threat of new or expanded development. Again we expressed our significant concerns.

In June 2013, MNR informed Council about proposed improvements to the ANSI boundaries and the plans to expand the ANSI. Both Pelham and Regional Councils acknowledged these 2013 improvements but sought MNR’s rationale for not including the entire Kame.

In their letter, MNR clarified that the parts of the Kame not included in the new ANSI boundaries “…have been extensively disturbed or impacted by various land uses and development.” The two major areas now excluded are the Chestnut Ridge subdivision and the Lafarge Pit.

To better preserve the ANSI area, MNR suggests that the Town and Region incorporate the new ANSI boundaries in municipal planning policies and in all planning decisions moving forward.

I believe that these protections are great news for Pelham and the Region! I appreciate MNR living up to the goal of maintaining and enhancing the former ANSI boundary.

In the past I have asked you to write to the Minister to encourage ANSI protection; now, I invite you to write to Minister Orazetti and thank MNR for protecting the Fonthill Kame:

Hon. David Orazietti, MPP
Minister of Natural Resources
Whitney Block, 6th Floor, Room 6630
99 Wellesley St. West
Toronto ON   M7A1W3
minister.mnr@ontario.ca

Please click here for a copy of the Ministry of Natural Resources letter and a map of the final boundaries.

Wind Energy Votes and the Region

A few people have written to me about my position during a recent vote on wind energy at Regional Council.

In July 2012, I was among the majority when Regional Council approved a motion that designated Niagara as the Green Energy Capital of Canada. The positioning makes sense to me because of Niagara’s long history of hydro-electric power generation and of the number of recent green energy businesses and initiatives developing in Niagara.

But, during our June 20, 2013 Council meeting, we considered a motion brought forward by Mayors Jeffs and Joyner:

That the Regional Municipality of Niagara supports Wainfleet and West Lincoln in their request to the Province of Ontario to be deemed an 'unwilling host' for Industrial Wind Turbines.

During the debate, I voted in favour of postponing the vote so that we could receive additional information; when that vote lost (11 in favour, 12 against), I voted in favour of the motion as presented. At the time, it seemed to me that the motion essentially highlighted the “unwilling host” resolutions from West Lincoln and Wainfleet to the Province. Others must have thought the same, because that vote carried 15 to 8.

On August 1, Councillor Katzman gave notice that she wanted Council to “reconsider” the vote on the June 20 motion.

When the issue returned to Regional Council on September 19, we heard four presentations – two in favour, and two opposed. If not expressly stated, I asked each presenter what the motion meant to them.

For those in favour, the motion meant that Regional Council “supports” the efforts of Wainfleet and West Lincoln; for those presenters opposed, the motion gave a signal that Niagara was “closed” for green energy business. These answers clearly show that the motion means different things to different people.

With this type of dichotomy, I felt that we needed to discuss the motion further and, perhaps, clarify the wording.

As a result, I voted to "reconsider" – that is, to consider again – the motion. I hoped that we could support residents concerned about wind turbines while balancing the feedback from the business community. (Because our “rules of debate” don’t allow discussion on the “reconsideration” of a motion, I could not publicly state my reasoning.)

Unfortunately, the “reconsideration” motion (which required a two-thirds majority vote) lost with 17 in favour and 11 opposed.

The story is not yet over.  Regional Council will consider Councillor Zimmerman’s motion to reconfirm our “support for development and investment in the green energy sector” during our October 10 meeting.

Committed to Revitalizing Downtown Fenwick

Pelham Council decided during our regular meeting on Monday, September 16, 2013, to temporarily postpone the revitalization of Downtown Fenwick from the fall of 20 13 to early 2014.

You will recall that Council budgeted $2.1 million to revitalize Downtown Fenwick in 2013. The improvements were intended to help make the area more pedestrian friendly, bury the hydro lines, and enhance the historic flagpole (thanks to funds raised during Fenwick’s 150th celebration).

We had a wonderful celebration of Fenwick’s 160^th Anniversary in the spring (thanks to a number of very committed and community-minded volunteers). And, thanks to the work of the Pelham Heritage Committee, Council officially designated the Fenwick Flagpole as a significant heritage structure in May – the first flagpole so designated in Ontario.

So, why have we agreed to postpone the reconstruction and revitalization of Downtown Fenwick?

Council made this decision after receiving a staff report outlining the complexities of the project requirements, including: total road reconstruction to address storm water and soil conditions; and reconfiguration of overhead utility wires to an underground system

In essence, to deal properly with the storm sewers and to tie them correctly into the systems on adjoining streets, construction crews will have to dig fairly deep; with a high water table and poor soil conditions, the best time to undertake that work would be in the winter months. Second, the requirement to bury the hydro lines and other overhead utilities means that the Town must work closely with Ontario Hydro; Hydro had said they could not undertake that work until 2014.

As a result, the Town cannot complete the project before the end of 2013. Council felt that there was no reason to dig up the road now to bury the storm sewers, only to have it a mess until the utilities could be buried next spring.

Council also directed staff to firm up the revitalization schedule so that any negative impact can be kept to a minimum and to also give the community plenty opportunity to plan and prepare for any potential disruptions.

Finally, the planned work may require additional finances. I understand that staff may also be submitting an additional budget request to Council for consideration during the 2014 capital budget deliberations.

I want to assure you that Council remains committed to revitalizing Downtown Fenwick. Instead of starting construction now and impacting the downtown all winter, we intend to start early in 2014. We are all looking forward to it!

How should we spend your money in 2014?

Do you have a suggestion on how the Town should spend your money?

The question seems timely not because the final instalment for 2013 property taxes is due September 30, but, rather, because Council will start formally thinking about our 2014 budget in October.

Council will begin our 2014 budget process with a special public meeting where we listen to you about what you would like to see in future budgets. That meeting will occur on Tuesday, October 15 at 6:30 PM in the Council Chamber at Pelham Town Hall.

While Pelham Council first started this type of a “pre-budget consultation” for the 2007 Budgets, we continue each year to welcome residents and property tax payers to provide input.

I am pleased that, following Council deliberations each year, we have been able to follow-through on most of the suggestions offered by your friends and neighbours. In previous year, folks have requested a dog park, a skate park, sidewalks along a number of roads (like Pelham Street), crosswalks, and sidewalk snow clearing on every sidewalk in Town; each of these examples are either currently being done or have been approved and will get done soon.

That’s why we are undertaking this consultation process again. Council and I want to hear directly from you about your needs, wants, and ideas for our Town.  Our community improves when more and more people become involved in its success!

And, this is just the start of our 2014 budget deliberations:
• Pre-Budget Consultation – beginning October 15, 2013;
• Draft Capital Budget available to public – November 22;
• Draft Capital Budget presented to Committee – November 25;
• Council consider approving Capital Budget – December 2;
• Draft Operating Budget available to the public – January 24, 2014;
• Draft Operating Budget presented to Committee – January 27;
• Council consider approving Operating Budget – February 3;
• Draft Water & Sewer Budgets available to the public – February 14;
• Draft Water & Sewer Budgets presented to Committee – February 18;
• Council consider approving Water & Sewer Budgets – March 3.

Prefer to provide written input?  Simply send a letter via email to a special email address:  ourbudget@pelham.ca. You will also soon be able to view background budget information at the Town’s website: www.pelham.ca.

Not internet savvy?  You can also provide written comments via normal mail c/o Town Clerk, Town of Pelham, 20 Pelham Town Square, P.O. Box 400, Fonthill, ON   L0S 1E0.

I hope to hear from you and I look forward to discussing your ideas so that we can continue to build a better future for our Town together.

Creating a Dog Park in Pelham

Town Council recently agreed to work together with the Region toward the creation of a dog park in Pelham in 2014.

In May 2011, members of the public presented Council with a 200 name petition to request that the Town establish an off-leash dog park in our community. They cited several benefits, including: offering a place to promote responsible dog ownership and to hold dog related events; providing an easier place for elderly and handicapped owners to take their dogs; providing exercise and social benefits for both people and dogs. Council directed staff to develop a report.

In June / July 2011, a number of residents formed a coordinating group called “Pelham DOGS” and presented the idea to Council again. Council directed staff to work with Pelham DOGS, and referred the matter to the Town’s 2012 Capital Budget.

During the pre-budget public consultation meeting that October, Pelham DOGS presented a survey showing that 63% of respondents strongly agreed or agreed with the idea of a dog park for Pelham.

In December 2011, Council approved earmarking $35,000 in the 2012 Capital Budget toward a park. Council directed staff to work together with Pelham DOGS and recommend possible locations before proceeding further.

In August 2012, staff reported that dog parks are the fastest growing areas of municipal recreation services in North America and that dog owners currently use general parks and playgrounds as areas to exercise dogs. Staff recommended constructing a park on the former landfill on Centre Street (just north of Regional Road 20); after much discussion, Council directed staff to seek permission to use those lands from the Niagara Region.

After a year of planning with the Region and representatives of Pelham DOGS, staff proposed a design and a proposal to Council:
- The Region would retain ownership of the land, will maintain the park, and continue accept all liability for the property. (This is similar to the Port Colborne dog park and other public uses at closed landfills across Niagara.)
- The Town will begin to rezone the property and will contribute $35,000 toward the park’s construction;
- Pelham DOGS will contribute (via fundraising) $10,000 (Please see www.pelhamdogs.com for fundraisers like the community BBQ at Giant Tiger on October 12 from 11 AM to 2 PM.)
- The Region will seek approval for the remainder of the construction costs – approximately $66,000 – in their 2014 Capital Budget.

This plan was approved by Council (in a 5 to 2 recorded vote) on September 3. While a few important hurdles remain, the finish line is in sight for constructing and opening a dog park in Pelham in 2014.

Surveying Recreation and Culture Needs in Pelham

In March, I wrote here about the Executive Summary that staff prepared for Council about the recreational and cultural reports that various Councils have received over the years. I also wrote that “…because it’s been discussed and desired for many, many years, Council recently approved the development of a business case for community recreational facilities.”

As part of a creative problem solving session last December, Council identified reasons for such an Executive Summary and a business case:
• Council wants to develop the Town-owned-lands in East Fonthill (32 acres at Regional Road 20 and Rice Road) in the best manner and in conjunction with other property-owner groups;
• Council wants to define the recreational and cultural services the Town needs now and for the future;
• Council wants to stay focused on deciding what to do with Town facilities and those Town-owned-lands.

In June, the Town awarded the “Request for Proposals” for a Business Case to LeisurePlan International Inc. – a firm that specializes in planning and market research for recreation and leisure activities including YMCAs and municipalities.

We were hoping that their market analysis and business case study would have been completed by now. However, the CAO reported to Council last week on something many have been saying for a long time: “A review of all previous studies was undertaken which confirmed that no significant or meaningful financial work was completed requiring additional financial analysis for both an arena and community centre.”

So that they can present a comprehensive report and so that we can have meaningful discussions about recreation in Pelham, LeisurePlan began a phone survey last week. Randomly selected Pelham residents will be asked to participate in a brief 10 minute telephone survey. Residents will be asked about their recreation and culture habits and preferences. LeisurePlan will vary the time of calls so that no biased day or hour exists, and will survey more than 1,000 residents so that they can achieve a statistically significant result. All personal information collected will remain strictly confidential.

Over the last number of years, many in the community have expressed the desire for increased recreational and cultural services. I am pleased that we are finally undertaking a market analysis and business case. This statistically valid survey will gauge the need for these services and evaluate whether a business case exists to expand services like indoor aquatics, arena ice-times, fitness programs, and other facilities.

I hope that we can publicize the results of the business case over the next couple of months so that Council can work together with you and your neighbours to finally decide on the future recreational, cultural, and wellness facilities and needs for the Town.

Making Pelham More Walkable & Cyclable This Fall

Some imminent construction will not only improve roads but will also make the Town even more walkable and cyclable.

Port Robinson Road:
The Town will reconstruct Port Robinson Road from Pelham Street to Station Street including repairing some sewer sections, and replacing water lines and storm-sewers this fall. The rebuilt road will include bike lanes and parallel parking along the School. Finally, we will reconstruct and add sidewalks on both sides of the road and re-align the Steve Bauer Trail entrance to match Station Street. (While the Town awarded the contract in June to try to complete this work prior to the restart of school, an MOE approval, the surprise location of a gas-line, and the contractor’s schedule added to the project’s timeline.)

Pelham Street:
You will recall that while Council earmarked $2.5 million for reconstructing Pelham Street from College Street to Quaker Road, the estimate came back at $6.5 million. We did apply for special Provincial funding in January (thanks to the Glynn A. Green School community, the PBA, the Chamber, and all others who wrote letters of support!), but learned we were unsuccessful in the spring. Perhaps we can apply under a new, $100 million Provincial program this fall.

In the meantime, the Town will construct a new sidewalk on the west-side of Pelham Street from Pancake Lane to Brock / Port Robinson Road this fall. 

What about the idea of a traffic signal at Pancake? Installing a complete traffic signal did not meet the Ministry of Transportation’s “warrants” but did meet some opposition from local residents. Following the successful use of the Creative Problem Solving Process, Council recently approved the installation of pedestrian-priority traffic signals (like that on Haist Street at A.K. Wigg School) at Pancake Lane / John Street and at Spruceside Crescent / Bacon Lane this fall. We will also paint reduced lane widths as an attempt to lower vehicle speeds and to provide more room for cyclists.

Regional Road #20:
The Region will be constructing a special storm-sewer outlet from Regional Road 20 through Marlene Stewart-Streit Park this fall. Town Council recently approved reallocating some savings from this project so that we can add sidewalks along both sides of “Old Hwy 20” from Park Lane to Pinecrest and from Canboro Road to Church Hill. The Region will also resurface the road in that area.

And, did you notice the new school-zone lights on Regional Road #20 around St. Alexander School? Please watch for their activation next week during student’s morning and afternoon walks to school.

Pelham Town Square and Church Hill:
The Town will also reconstruct the sidewalk on the south-side of Pelham Town Square from Station Street to the Post Office and install a pedestrian-priority traffic signal at Church Hill across Pelham Street this fall.

Please be assured that Council and I continue to strive in making Pelham even more walkable and cyclable.

Discussing Issues 230 Times…and Counting

I believe that a huge part of my service as your Mayor depends on two-way communication about issues and challenges facing Pelham. Part of that communication centres on my weekly / bi-weekly columns.

A perfect example is my last column – about the idea of prohibiting recreational longboarding on all roads but closing one road to potentially provide a safe location for Pelham longboarders. Obviously the ideas need broad evaluation – of costs comparatives, legal implications, traffic impacts, safety concerns and guidelines, etc. – and that’s why I am pleased that the recommendation to Council was to hold a special public meeting on this matter.

But, the community reaction was swift, and the concepts sparked great dialogue in the Town. Council received three presentations (two opposed and one in favour), two petitions, +500 form letters, and +25 other items of correspondence regarding this issue at our meeting on Monday. While the dialogue will continue, I am pleased to have written about the issues.

How do I decide on a column topic? I write about what people ask me about or express concern about. Many columns are updates on progress or information about recent Council decisions. Through the years, I have given advance notice of numerous special meetings (about the East Fonthill Secondary Plan or the Official Plan), events (like Summerfest, the Mayor’s Gala), or Council debates (over the sign bylaw or an environmental protection bylaw).

I also report on Regional issues or decisions – like the Niagara Regional Police headquarters plans, or whether to hold a by-election to replace a Regional Councillor.

Some also focus on Federal or Provincial matters. These include several columns about the Fonthill Kame and the Ministry of Natural Resources (MNR) threat to lift the Area of Natural & Scientific Interest (ANSI) protection and about a proposed new Southern Hospital.

Finally, some columns appreciate the work of others – like our hundreds of committed and tireless volunteers – or are more light-hearted in nature.

The greatest numbers of my columns for you have been about budgets and property taxes – things like Council’s pre-budget consultations, the capital and operating budgets, property taxes and tax rates, and changes at the Province’s Municipal Property Assessment Corporation (MPAC).

And there have been many more topics – like the Town’s property at Rice Road & Regional Road #20 and recreational issues – and many, many more columns – 230 to be exact!

I deeply appreciate the local media continuing to publish my column week after week. And, I appreciate you reading them and being part of a dialogue so that we can continue to work together to improve our beloved Town.