AGENDA - Town of Pelham

Transcription

AGENDA - Town of Pelham
SC-05-2016 - Special Meeting of Council
Monday, April 25, 2016
Start time 6:30 PM
Old Pelham Town Hall, 491 Canboro Rd., Ridgeville
AGENDA
1.
Attendance
2.
Call to Order and Declaration of Quorum
3.
Approval of the Agenda
4.
Disclosure of Pecuniary Interest and General Nature Thereof
5.
Pelham Community Centre
5.1. Pre-Registered Delegations
T.
Nohara
5.1.1.
Local Business Perspective
5.1.2.
Pelham Seniors Advisory Committee
5.1.3.
Niagara & Haldimand Building & Construction Trades
Council; IBEW
5.1.4.
Barry Neelin
5.1.5.
Dave Macfarlane
5.1.6.
Pelham Panthers Basketball and Architectural Design
Advisory Committee Basketball Representative
5.1.7.
Niagara Skating Club
Gail
Hilyer
Mark
Cherney
Brian
Bleich
Liz LeMesurier, Amanda Maggetti
5.1.8.
Carolyn Botari
5.1.9.
Ralph Winslade
5.1.10. Marianne Stewart
5.1.11. Citizen Representatives - Architectural Design Advisory
Committee
James Federico, Yvette Young
5.1.12. Welland Pelham Chamber of Commerce
Dolores Fabiano, Executive Director
5.1.13. Joseph Kos
Council Agenda - 2016/04/25
5.1.14. Pelham Minor Hockey Association
Victoria Morrissey
5.1.15. Gary C. Chambers
5.1.16. Alan Morgan
5.1.17. Bill Heska
5.1.18. Stephen Kaiser
5.1.19. Architectural Design Advisory Committee
John Nicol, Chair ADAC
5.1.20. Curt Harley
5.2. Receipt of Written Submissions
5.2.1. The Following Persons Submitted Correspondence:
Town of Pelham
Comments:
D. DiFlorio
R. MacDonald
J & J Presley
Agi Mete
R. Monetforte
R. Madume
D. Lawson
D. Duemo
T. Audino
S. Reeves
Cybula Family
C. van Niekerk
I. Gerryts
B. Roszell
J. Watson
T. Cooke, A. Pupek
S. Whitaker
J. Michalko
S. Burr McWilliams
S., A., & K. Battell
A. Belding
M. Repar
N. & M. Ridley
A. Keus
L. LeMesurier
M. Brownlee
S. Gibson
L. Stolk
M. Halsted
S. DeDivitiis
B. Mittenburg
Secord Family
J. Levasseur
K. Budai
B. McLeod
M. DeDivitiis
B. Bradley
T. Waselovich
S. Bullett
C. Free
T. Bolibruck
L. & K. Henderson
N. Reynolds
Litalien Family
Y. Yungblut
D'Angelo Family
B. McWilliams
J. Maltais
S. Dama
J. Reeves
E. Dixon
R. Kavanagh
J. & S. Beaman
C. & C. Cook
A. Couturier
J. Dixon
S. & K. Scott
D. Morrison
J. Sherry (2)
L. Bolduc
L. Bruin
R. Barnett
J. Myers
C. Vitucci
T. Miklavic
L. Veld
P. & A. Wilson
A. Iannantuono
M. Mergl
K. & N. Sloan
J. Sviergula
C. Pitt
F. Zoretich
K. Ratcliffe
P. DeDivitiis
S. Huxley
R. J. Tiffin
V. Looby
D. Quiquero
S. Grenier
J. Wilton
P. Morgetano
M. Fast
S. Paquin
N. & G. Zavitz
T. Motola
M. Reger Philbrick
T. Newton
K. Kuzyk
J. Forte
K. Robins
D. Hurst
B. Walter
L. Kleinsmith
J. & N. Birrell
T. Morgan
Page 2 of 31
Council Agenda - 2016/04/25
T. Colangelo
M. Lefebvre
C. & T. Morgan
T. Sviergula
D. Shapland
D. & S. Burr (2)
B. & R. Massey
J. Karnay
J. Arias
M. & B. Lacroix
J. Abbott
K. & D. Phillips
S. & B. Law
D. O'Leary
P. & G. O'Hara
F. & E. Tauss
S. Beamer
P. Slattery
Raiders Lacrosse
P. Schafrick
PlaceSpeak Forum
5.2.2. Pelham Community Centre - Correspondence
5.3. Non Registered Delegations (Time Permitting)
6.
Consideration of Staff Reports
6.1. Pelham Community Centre Next Steps
6.2. Options for Selling Municipal Land
6.3. Community Centre User Groups Memorandum of Understanding
6.4. Correspondence Items Received Following Agenda Release
6.5. Correspondence: Watson & Associates
7.
Confirming By-law
8.
Adjournment
Comments:
Next Regularly Scheduled Meeting
MONDAY, MAY 2, 2016
6:30 P.M.
Town of Pelham
Page 3 of 31
Issue Summary Report
6.1. Pelham Community Centre Next Steps
Meeting : SC-05-2016 - Special Meeting of Council
Meeting Type : Special Meeting of Council
#20160421009
Section : Consideration of Staff Reports
Meeting Date : 2016/04/25 18:30
Background
Council has requested staff to bring forward information on the next steps in completing financing and
procurement processes for the new Pelham Community Centre.
Financing Strategies
Town staff will be working with the Niagara Region and Infrastructure Ontario to fund the project. The funding
options are numerous but there is one option that is preferred to ensure any risk with the project is mitigated.
Preferred Option
Funds needed for the Pelham Community Centre can be debentured at beginning of project start. The rationale
for debenturing this in advance is as follows:
Interest rate is low and will be set for 30 years.Interest will be set at time of debenture at the going
rate.Currently, the rate on the Infrastructure Ontario site is 3.35%.
Allows staff to invest debenture funds to gain interest income.
Investment income can be used to pay future bridge loan interest in the eventuality that the surplus lands
are not sold by project completion.
Impact on the tax levy is set and funding for debenture principal and interest is included in 2016 budget.
This option will ensure that funds are set aside in a separate account to pay for any interest expense that may
be incurred on a bridge loan used by the Town to fund the portion of the project that relates to the sale of
surplus lands if in fact they are not sold within the construction completion timeline.
Infrastructure Ontario has indicated that the Town may borrow the amount of the surplus lands for an additional
three (3) years passed the substantial completion date of the facility if necessary at the cost of interest only.
The amount of funds set aside in the separate account will be used to fund any bridge loan interest over the
three year period. This will be internal financing and will not be put on the tax levy.
Loan Funding Application Requirements
The loan funding application process begins with the Niagara Region. The application process must ensure that
the total amount needed for both debenture and loan requirements is included within the application.
This means that the Town must ask for the total amount that may be accessed even if it is not used by the Town
to fund the project. The Town will be debenturing just over 9 million included in the tax levy increase and just
over 12 million to be paid for by development charge revenues.
In the eventuality that the sale of surplus lands has not happened by the end of the completion of the project, the
Town may need to bridge finance a loan through Infrastructure Ontario in the amount of approximately 12
milllion.
The recommendation from Infrastructure Ontario is to apply for funding for your project costs and only debenture
the amount you need. Thus Town staff are recommending to Council to request a total loan amount of $36.2
Special Meeting of Council - 2016/04/25
Page 4 of 31
million at this time to ensure the Town can access its total needs to completion of project as indicated above.
Grant Funding from Provincial and Federal Governments
As Council is aware at the time of the Town’s 2016 Budget presentation, grant funding opportunities for
recreational and cultural facilities was not available from upper levels of government. In addition, the Town has
had no success in the last few years in other types of infrastructure funding due to the Town’s economic status.
Both levels of government consider the Town to have a strong economic status due to the per capita income of
approximately $120,000. This income per household is larger than any other in the Niagara Region.
Both Council and Town Staff have lobbied both the Province and Federal governments on this issue, indicating
that Town’s should not be penalized for being fiscally responsible. In addition, Council and Staff lobbied for the
inclusion of recreational facilities within the funding envelope.
Staff are excited by the recent announcement. The Canada Social Infrastructure Fund will provide over 3.4
billion in grants over 5 years. Specifically, 168.2 million will be available for Cultural and Recreational
infrastructure over the next two years.
The Town of Pelham is poised to apply for this funding as soon as the intake for applications is announced.
Projects such as the Pelham Community Centre that are shovel ready are priority projects for both Provincial
and Federal governments. Once the application process is open staff will provide further information to Council
as details are available.
Community Centre Reserve Fund
In order to ensure funds that are earmarked for the Pelham Community Centre are maintained in a separate
account, staff are requesting that a Pelham Community Centre (PCC) reserve fund be established. This PCC
reserve will hold all revenues that are generated from investments as outlined above. Staff will focus on
developing this reserve over the next few years to ensure that there is sufficient resources available to fund any
interest expense that may occur if the surplus lands have not sold at completion of the Community Centre.
To date the following funds have been received and are recommended to be deposited into the PCC reserve:
NPEI Equity Share Dividend - $42,231
Proceeds from Tax Sales - $10,245.78
Further tax sales funds will be received from the Courts in the next few months and will also be deposited into
the PCC reserve. Staff will bring forward any other revenues that are realized outside of budget that could also
fund this reserve.
Fundraising Campaign
Town Council approved a fundraising feasibility study to be complete by Interkom Inc. This study was requested
to determine if the fundraising campaign of approximately $3 million was feasible.
Following this study, it was determined that there was an interest in the community and beyond for investing in
the new Pelham Community Centre.
Next phases of the study would be focused on organizing the structure, updating fundraising plan and to focus
on cultivation and communication.
Based on the results from phase 1 and the feasibility study, the goal should be set at $3,300,000 (to cover the
capital proceeds and the cost of consulting, collateral and expenses associated with the managing fundraising
campaign).
Specific tasks are to clarify the community-based leadership availability and strength, solicit a lead gift (or gifts)
for the PCC to be announced in 2016, officially launch the fundraising campaign at a VIP/media/cultivation
event, set up the campaign website and social media channels.
The fundraising communication plan to be updated, donor stories to be solicited to be featured in the campaign
materials, public relations, collateral and website.
The strategy will see top gifts solicited first (leadership gifts ($100,000+)), followed by major gifts ($10,000 –
$99,000) and then a broad based appeal (community campaign – gifts under $10,000) to residents. A five-year
period shall be offered for all major gift donations, with flexibility as required.
Special Meeting of Council - 2016/04/25
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Other elements that need to be developed are fundraising campaign branding, an updated Case for Support,
prospect identification and evaluation, donor recognition plan, donor agreements, and lead gift announcement
events.
Staff recommend that the campaign be launched as soon as the project receives Council approval and closed at
the end of 2018, if the goal has been met or exceeded.
Construction Management
In August the Town of Pelham distributed a request for proposal for Construction Management Services to
provide an independent project management team that would oversee the build of the Pelham Community
Centre. As a result of Committee analysis the services were awarded to Ball Construction. The services
approved by Council included the fees up to tender ready documents. The decision to proceed with the
Community Centre will require approval of the remainder of the contract with Ball Construction through the
construction phase. The amount as indicated in the budget presented by Ball Construction on March 22, 2016
is $1,012,814.
Architectural Design
In September of 2014, the Town retained Pettroff Architects for the design of the Pelham Community Centre. At
that time, the firm was approved to design the proposed Community Centre through to tender ready documents.
The contract with the firm Pettroff will need to be extended to construction completion once approval of the
facility is approved by Council. The costs to be incurred to completion of the project are $780,000.
This will allow the design team to ensure that all aspects of the community driven design are adhered to
throughout the build phase of the project.
Timelines and Reporting
Ball Construction will report directly to Council at least monthly or as required during the project phase. The
report will detail the costs to date that have been incurred on the project and the comparison to budget of these
costs. They will explain any variances in the costs vs budget should it be required.
In addition Ball will provide progress on the build compared to proposed milestones outlined on the schedule.
Explanations to any variances will be detailed to Council.
Alternatives
Council can amend or change the recommendations
Recommendation
BE IT RESOLVED THAT the construction and operation of a multi-use facility to be known as the Pelham
Community Centre be and is hereby authorized and approved at a total estimated cost not to exceed
$36, 204,777 million;
AND THAT Council hereby approves Ball Construction as the Project Manager during the construction
of the Pelham Community Centre;
AND THAT Council hereby approves Pettroff Partnership Architects Inc. as design consultants during
the construction of the Pelham Community Centre;
AND THAT Council hereby approves InterKom Inc. to conduct the next phase of the fundraising
campaign to completion;
AND THAT Council hereby approves the creation of a reserve account for the Pelham Community
Centre;
AND THAT Staff be directed to continue monitoring the Provincial and Federal governments for the
availability of grants for the construction of Community Centres, and to make application for grants
should they be announced;
AND THAT Staff be directed to prepare a report including recommendations surrounding best practice
for overseeing and monitoring the project, including but not limited to regular reports to Council that
include Project Manager updates, to ensure the project stays on time and on budget, and that such
report be presented to a special meeting of Council to be convened prior to the end of May, 2016;
Special Meeting of Council - 2016/04/25
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AND THAT Staff be directed to prepare the necessary By-laws for Council consideration on May 2, 2016.
Special Meeting of Council - 2016/04/25
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Issue Summary Report
6.2. Options for Selling Municipal Land
Meeting : SC-05-2016 - Special Meeting of Council
Meeting Type : Special Meeting of Council
#20160419008
Section : Consideration of Staff Reports
Meeting Date : 2016/04/25 18:30
Executive Summary
There are options available to Council to sell municipal land. The purpose of this report is to inform Council of
the various options that are available for Council to consider.
Background
Through the process of developing the site plan for the proposed community centre on municipally owned lands
being Block 4 of the East Fonthill subdivision plan, remnant lands will be available for additional future
development. It is anticipated that these remnant lands may be sold by the Town.
By-law 1942(1997) approved by Council, adopted under the Municipal Act, is the By-law that establishes
procedures for the sale of Town owned property and is attached as an Appendix. The By-law establishes that
Council by resolution or by-law is to declare property surplus to the needs of the Town and authorize a
committee responsible for following the procedures laid out in the By-law with regards to the sale of land. The
By-law also states that Council shall determine the most appropriate method, in the best interest of the Town to
dispose of land.
By-law 1942(1997) identifies 3 methods for the sale of property owned by the Town including by tender; by
engaging a real estate firm; and by receiving unsolicited offers for purchase. Prior to selling any land the
procedures provided for in By-law 1942(1997) provides that the Town shall obtain a survey from an Ontario
Land Surveyor, if necessary; obtain at least one appraisal of fair market value, except where an appraisal is not
required; obtain approval from any other agency, if necessary; and establish costs required to dispose of land
including but not limited to legal fees, surveying fees, appraisal costs, encumbrances, advertising, and
improvement.
With regards to the sale of land by tender, By-law 1942(1997) establishes the following procedures:
1. A minimum bid amount shall be established which shall be the total of the appraised value plus costs
incurred, i.e. survey costs, advertising costs, legal fees, appraisal costs, etc.
2. Notice of the proposed sale shall be given and shall set out the minimum bid amount, the final date and
time for receipt of tenders, a minimum deposit of $1,000.00, date and time that tenders will be opened
and a statement that the highest offer may not be accepted.
3. Notice shall be given by one of the following methods:
a. Posting a notice on the subject property or nearby location
b. By advertising in a local newspaper
c. In such other manner as determined by Counci?l.
4.The date and set for opening the tenders by the Town Clerk or representative authorized by the Clerk.
5.Clerk shall prepare a report for Council with the Clerk’s recommendation as to which tender, if any,
should be accepted.
6.Council shall review the report and make a decision as to the final sale of the land.
7.Any sale of land shall be authorized by by-law.
Special Meeting of Council - 2016/04/25
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8. All deposits of any unaccepted tenders shall be returned in full.
With regards to engaging a real estate firm, By-law 1942(1997) provides for the following procedures:
1. Retaining a local real estate office pursuant to such terms and conditions the committee responsible
decides.
2. Notice shall be given indicating that the land is listed with a local real estate office and by one of the
following methods:
a. Posting a notice on the subject property or nearby location
b. By advertising in a local newspaper
c. In such other manner as determined by Council.
3.All offers to purchase received by the real estate office shall be submitted to the Town Clerk and the
Clerk shall prepare a report for Council with the Clerk’s recommendation as to which offer, if any, should
be accepted.
4.Council shall review the report and make a decision as to the final sale of the land.
5. Any sale of land shall be authorized by by-law.
With regards to receiving an unsolicited offer for the purchase of land which the Clerk is prepared to recommend
to Council to accept, By-law 1942(1997) provide the following procedures:
1. The Clerk shall prepare a report to Council with the Clerk’s recommendation to accept such offer.
2. Notice of the proposed date for the passing of the by-law authorizing the sale of the land shall be given by
one of the following methods:
a. Posting a notice on the subject property or nearby location
b. By advertising in a local newspaper
c. In such other manner as determined by Council.
3.Council shall review the report of the Clerk and make its decision as to whether to accept the offer.
4. If Council decides to accept the offer, Council shall by resolution or by-law declare such property
surplus to the needs of the Town.
5. Any acceptance of such offer shall be authorized by by-law.
By-law 1942(1997) also makes provision for alternative methods for the sale of property provided the regulations
and requirements for the sale of property are established and proper notice is given by one of the following:
a. Posting notice on the subject lands or nearby location
b. By advertising in a local newspaper
c. In such other manner determined by Council.
Examples of alternative methods of sale of property could be through a request for proposals, public auction, or
through the formation of a development corporation. The use of alternative methods of sale of property will
require procedures to be established however.
To assist in the sale of land, Council may wish to have a conceptual development plan prepared illustrating how
the land is to be developed and include a description of the types of potential uses that could be developed on
the lands that are consistent with the zoning by-law. This information would be helpful to potential purchasers
and provide them with guidance about what and how Council wishes to see the lands developed. This would be
information that would be made available at the outset of any sale method that Council undertakes, i.e., in
tender document, real estate offerings and to the public.
It is noted that By-law 1942(1997) applies to all land that the Town owns and not just the remnant lands
associated with community centre development.
Recommendation
BE IT RESOLVED THAT Council receive the Issue Summary Report outlining Options for Selling
Municipal Land, for information; and
THAT staff be directed to present options for a comprehensive development and sale strategy for the
Town's surplus lands in the East Fonthill area, at a special meeting of Council to be convened prior to
the end of May, 2016.
Special Meeting of Council - 2016/04/25
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Special Meeting of Council - 2016/04/25
Page 10 of 31
Appendix 1 for 6.2.: By-law 1942(1997)
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Appendix 1 for 6.2.: By-law 1942(1997)
Page 12 of 31
Appendix 1 for 6.2.: By-law 1942(1997)
Page 13 of 31
Appendix 1 for 6.2.: By-law 1942(1997)
Page 14 of 31
Issue Summary Report
6.3. Community Centre User Groups Memorandum of Understanding #20160419011
Meeting : SC-05-2016 - Special Meeting of Council
Meeting Type : Special Meeting of Council
Section : Consideration of Staff Reports
Meeting Date : 2016/04/25 18:30
Executive Summary
This issue sheet makes the recommendation that Council enter into Memorandum of Understanding between
the Town of Pelham and Pelham Minor Hockey Association; Niagara Centre Figure Skating Club; Pelham
Panthers Basketball; Welland Raiders Minor Lacrosse and Southern Tier Admirals AAA Hockey Team for the
use of the new Community Centre.
Background
Council accepted the proposed Community Centre Pro forma in October 2015, identified in the plan were user
groups that had requested a large amount of the facility rental time in the new Centre. The following user
groups are interested in pursuing a long term lease in the new facility therefore attached is a Memorandum of
Understanding for each of the following groups.
Pelham Minor Hockey Association
Niagara Centre Skating Club
Southern Tier Admirals AAA Hockey
Welland Raiders Minor Lacrosse Association
Pelham Panthers Basketball
The Memorandum of Understanding will provide an agreement by both parties to move forward and confirm the
intent for use of the Community Centre and provides a bridge to a more binding lease agreement. Note Pelham
Panther Jr. B Hockey has an existing long term lease and will carry forward to the new facility.
Recommendation
BE IT RESOLVED THAT Council receive the issue Report regarding the Community Centre User Groups
Memorandum of Understanding;
AND THAT Council authorize the Mayor and Clerk to enter into Memorandums of Understanding to
negotiate the appropriate 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.
Additional Information
4. d) Strategic Plan : Feel like a small town; Become financially resilient for the next 20 years;
Special Meeting of Council - 2016/04/25
Page 15 of 31
Appendix 1 for 6.3.: Pelham Minor Hockey Association
Memorandum of Understanding
Between
The Town of Pelham (Town)
And
Pelham Minor Hockey Association (PMHA)
Background:
The Town of Pelham (Town) is in the process of the development of a new Community
Centre.
Planned features in the facility include:









Adaptable and multi-purpose community rooms
Double gymnasium
Indoor walking/running track
Twin pad arena
Concession area
Change rooms and washrooms
Community gathering spaces
Fully accessible
Integrated with public square
Purpose:
The purpose of this Memorandum of Understanding (MOU) is to provide an agreement
that indicates support by both parties to move forward and confirm the intent for use of
the new Community Centre. In effect, this MOU provides a bridge to a more binding
lease agreement.
This MOU serves to frame the assumptions, principles and parameters. It is
understood this MOU is not binding and represents the good-will between parties.
This agreement is in principle and allows for further review of options, to provide a
bridge between the two parties regarding the development, processes and principles of
a potential long-term lease agreement related to the Community Centre, in order for
Pelham Minor Hockey Association to organize, develop and promote minor ice hockey
for youth of the Town of Pelham.
Page 16 of 31
Appendix 1 for 6.3.: Pelham Minor Hockey Association
Guiding Principles:
1. The Parties agree that this MOU shall guide the process based on the following
principles:
(a) The relationship between the parties is based on mutual trust and respect;
(b) The parties agree to explore the viability of a lease agreement, which will
result in the ability to offer programs to meet the needs Pelham residents and
contribute to the sustainability of the Community Centre into the future;
(c) There shall be open and honest communications between the parties with a
view to solving all differences and problems that may arise by way of
consensus;
(d) The parties recognize each other’s autonomy and independence and that
their roles are aligned with their respective mission and strategic direction;
(e) The parties are committed to determining the feasibility of a long term lease
agreement;
(f) The parties are committed to being inclusive and providing accessible
services and programs;
(g) Mutual success is defined by the Pelham Minor Hockey Association
developing; providing and promoting minor hockey programs to enhance the
quality of life of residents of Pelham.
This Memorandum of Understanding is approved by the Council of the Town of Pelham
and Pelham Minor Hockey Association and is authorized by the signatures below.
April 2016
Page 17 of 31
Appendix 1 for 6.3.: Pelham Minor Hockey Association
Signatures:
Town of Pelham
Pelham Minor Hockey Association
___________________
Dave Augustyn, Mayor
____________________________
Victoria Morrissey, President
__________________
Nancy Bozzato, Clerk
____________________________
Mike Breadner, Treasurer
Page 18 of 31
Appendix 2 for 6.3.: Niagara Centre Skating Club MOU
Memorandum of Understanding
Between
The Town of Pelham (Town)
And
Niagara Centre Skating Club (NCSC)
Background:
The Town of Pelham (Town) is in the process of the development of a new Community
Centre.
Planned features in the facility include:









Adaptable and multi-purpose community rooms
Double gymnasium
Indoor walking/running track
Twin pad arena
Concession area
Change rooms and washrooms
Community gathering spaces
Fully accessible
Integrated with public square
Purpose:
The purpose of this Memorandum of Understanding (MOU) is to provide an agreement
that indicates support by both parties to move forward and confirm the intent for use of
the new Community Centre. In effect, this MOU provides a bridge to a more binding
lease agreement.
This MOU serves to frame the assumptions, principles and parameters. It is
understood this MOU is not binding and represents the good-will between parties.
This agreement is in principle and allows for further review of options, to provide a
bridge between the two parties regarding the development, processes and principles of
a potential long-term lease agreement related to the Community Centre, in order for
the Niagara Centre Skating Club to provide Skate Canada recreational and competitive
skating programs for all ages.
Page 19 of 31
Appendix 2 for 6.3.: Niagara Centre Skating Club MOU
Guiding Principles:
1. The Parties agree that this MOU shall guide the process based on the following
principles:
(a) The relationship between the parties is based on mutual trust and respect;
(b) The parties agree to explore the viability of a lease agreement, which will
result in the ability to offer programs to meet the needs Pelham and
surrounding area residents and contribute to the sustainability of the
Community Centre into the future;
(c) There shall be open and honest communications between the parties with a
view to solving all differences and problems that may arise by way of
consensus;
(d) The parties recognize each other’s autonomy and independence and that
their roles are aligned with their respective mission and strategic direction;
(e) The parties are committed to determining the feasibility of a long term lease
agreement;
(f) The parties are committed to being inclusive and providing accessible
services and programs;
(g) Mutual success is defined by the Niagara Centre Skating Club providing
Skate Canada recreational and competitive skating programs to enhance the
quality of life of residents of Pelham.
This Memorandum of Understanding is approved by the Council of the Town of Pelham
and Niagara Centre Skating Club and is authorized by the signatures below.
April 2016
Page 20 of 31
Appendix 2 for 6.3.: Niagara Centre Skating Club MOU
Signatures:
Town of Pelham
Niagara Centre Skating Club
___________________
Dave Augustyn, Mayor
____________________________
Mandy Engemann, President
__________________
Nancy Bozzato, Clerk
____________________________
Dawn Good, Secretary
Page 21 of 31
Appendix 3 for 6.3.: Southern Tier Admirals AAA
Memorandum of Understanding
Between
The Town of Pelham (Town)
And
Southern Tier Admirals AAA (Admirals)
Background:
The Town of Pelham (Town) is in the process of the development of a new Community
Centre.
Planned features in the facility include:









Adaptable and multi-purpose community rooms
Double gymnasium
Indoor walking/running track
Twin pad arena
Concession area
Change rooms and washrooms
Community gathering spaces
Fully accessible
Integrated with public square
Purpose:
The purpose of this Memorandum of Understanding (MOU) is to provide an agreement
that indicates support by both parties to move forward and confirm the intent for use of
the new Community Centre. In effect, this MOU provides a bridge to a more binding
lease agreement.
This MOU serves to frame the assumptions, principles and parameters. It is
understood this MOU is not binding and represents the good-will between parties.
This agreement is in principle and allows for further review of options, to provide a
bridge between the two parties regarding the development, processes and principles of
a potential long-term lease agreement related to the Community Centre, in order for
the Southern Tier Admirals to bring AAA minor ice hockey to the Town of Pelham.
Page 22 of 31
Appendix 3 for 6.3.: Southern Tier Admirals AAA
Guiding Principles:
1. The Parties agree that this MOU shall guide the process based on the following
principles:
(a) The relationship between the parties is based on mutual trust and respect;
(b) The parties agree to explore the viability of a lease agreement, which will
result in the ability to offer programs in the Town of Pelham and contribute to
the sustainability of the Community Centre into the future;
(c) There shall be open and honest communications between the parties with a
view to solving all differences and problems that may arise by way of
consensus;
(d) The parties recognize each other’s autonomy and independence and that
their roles are aligned with their respective mission and strategic direction;
(e) The parties are committed to determining the feasibility of a long term lease
agreement;
(f) The parties are committed to being inclusive and providing accessible
services and programs;
(g) Mutual success is defined by the Southern Tier Admirals AAA developing;
providing and promoting competitive minor hockey to youth in the Town of
Pelham and surrounding area.
This Memorandum of Understanding is approved by the Council of the Town of Pelham
and Southern Tier Admirals AAA and is authorized by the signatures below.
April 2016
Page 23 of 31
Appendix 3 for 6.3.: Southern Tier Admirals AAA
Signatures:
Town of Pelham
Southern Tier Admirals AAA
___________________
Dave Augustyn, Mayor
____________________________
Doug Thomson, President
__________________
Nancy Bozzato, Clerk
____________________________
Melissa Drulia, Treasurer
Page 24 of 31
Appendix 4 for 6.3.: Welland Raiders Minor Lacrosse
Memorandum of Understanding
Between
The Town of Pelham (Town)
And
Welland Raiders Minor Lacrosse Association (Lacrosse)
Background:
The Town of Pelham (Town) is in the process of the development of a new Community
Centre.
Planned features in the facility include:









Adaptable and multi-purpose community rooms
Double gymnasium
Indoor walking/running track
Twin pad arena
Concession area
Change rooms and washrooms
Community gathering spaces
Fully accessible
Integrated with public square
Purpose:
The purpose of this Memorandum of Understanding (MOU) is to provide an agreement
that indicates support by both parties to move forward and confirm the intent for use of
the new Community Centre. In effect, this MOU provides a bridge to a more binding
lease agreement.
This MOU serves to frame the assumptions, principles and parameters. It is
understood this MOU is not binding and represents the good-will between parties.
This agreement is in principle and allows for further review of options, to provide a
bridge between the two parties regarding the development, processes and principles of
a potential long-term lease agreement related to the Community Centre, in order for
Welland Raiders Minor Lacrosse Association to offer lacrosse to Pelham and
surrounding area youth.
Page 25 of 31
Appendix 4 for 6.3.: Welland Raiders Minor Lacrosse
Guiding Principles:
1. The Parties agree that this MOU shall guide the process based on the following
principles:
(a) The relationship between the parties is based on mutual trust and respect;
(b) The parties agree to explore the viability of a lease agreement, which will
result in the ability to offer programs in the Town of Pelham and contribute to
the sustainability of the Community Centre into the future;
(c) There shall be open and honest communications between the parties with a
view to solving all differences and problems that may arise by way of
consensus;
(d) The parties recognize each other’s autonomy and independence and that
their roles are aligned with their respective mission and strategic direction;
(e) The parties are committed to determining the feasibility of a long term lease
agreement;
(f) The parties are committed to being inclusive and providing accessible
services and programs;
(g) Mutual success is defined by the Welland Raiders Minor Lacrosse
Association developing; providing and promoting lacrosse to all youth in the
Town of Pelham and surrounding area.
This Memorandum of Understanding is approved by the Council of the Town of Pelham
and Welland Raiders Minor Lacrosse and is authorized by the signatures below.
April 2016
Page 26 of 31
Appendix 4 for 6.3.: Welland Raiders Minor Lacrosse
Signatures:
Town of Pelham
Welland Raiders Minor Lacrosse
Association
___________________
Dave Augustyn, Mayor
____________________________
Ben Chambers, President
__________________
Nancy Bozzato, Clerk
____________________________
Helecia Gross, Vice President
Page 27 of 31
Appendix 5 for 6.3.: Pelham Panther Basketball MOU
Memorandum of Understanding
Between
The Town of Pelham (Town)
And
Pelham Panthers Basketball (Basketball)
Background:
The Town of Pelham (Town) is in the process of the development of a new Community
Centre.
Planned features in the facility include:









Adaptable and multi-purpose community rooms
Double gymnasium
Indoor walking/running track
Twin pad arena
Concession area
Change rooms and washrooms
Community gathering spaces
Fully accessible
Integrated with public square
Purpose:
The purpose of this Memorandum of Understanding (MOU) is to provide an agreement
that indicates support by both parties to move forward and confirm the intent for use of
the new Community Centre. In effect, this MOU provides a bridge to a more binding
lease agreement.
This MOU serves to frame the assumptions, principles and parameters. It is
understood this MOU is not binding and represents the good-will between parties.
This agreement is in principle and allows for further review of options, to provide a
bridge between the two parties regarding the development, processes and principles of
a potential long-term lease agreement related to the Community Centre, in order for
Pelham Panther Basketball to offer a positive/supportive environment for youth to learn
fundamental skills of basketball; develop athletes on and off the court; and provide all
levels of play.
Page 28 of 31
Appendix 5 for 6.3.: Pelham Panther Basketball MOU
Guiding Principles:
1. The Parties agree that this MOU shall guide the process based on the following
principles:
(a) The relationship between the parties is based on mutual trust and respect;
(b) The parties agree to explore the viability of a lease agreement, which will
result in the ability to offer programs in the Town of Pelham and contribute to
the sustainability of the Community Centre into the future;
(c) There shall be open and honest communications between the parties with a
view to solving all differences and problems that may arise by way of
consensus;
(d) The parties recognize each other’s autonomy and independence and that
their roles are aligned with their respective mission and strategic direction;
(e) The parties are committed to determining the feasibility of a long term lease
agreement;
(f) The parties are committed to being inclusive and providing accessible
services and programs;
(g) Mutual success is defined by the Pelham Panthers Basketball developing;
providing and promoting basketball to all youth in the Town of Pelham and
surrounding area.
This Memorandum of Understanding is approved by the Council of the Town of Pelham
and Pelham Panther Basketball and is authorized by the signatures below.
April 2016
Page 29 of 31
Appendix 5 for 6.3.: Pelham Panther Basketball MOU
Signatures:
Town of Pelham
Pelham Panther Basketball
___________________
Dave Augustyn, Mayor
____________________________
Brian Bleich, President
__________________
Nancy Bozzato, Clerk
____________________________
Agi Mete, Vice President
Page 30 of 31
Appendix 1 for 7.: Confirming By-law
THE CORPORATION OF THE
TOWN
OF
PELHAM
BY-LAW #3738(2016)
Being a by-law to adopt, ratify and confirm the actions of the Council at
its special meeting held on the 25th day of April, 2016.
WHEREAS Section 5 (3) of the Municipal Act, S.O. 2001, Chapter M.25, as
amended, provides that, except if otherwise authorized, the powers of Council shall be exercised
by by-law;
AND WHEREAS it is deemed desirable and expedient that the actions of the
Council as herein set forth be adopted, ratified and confirmed by by-law;
NOW THEREFORE COUNCIL OF THE CORPORATION OF THE TOWN OF
PELHAM ENACTS AS FOLLOWS:
(1)
(a) The actions of the Council at its meeting held on the 25th day of April, 2016,
including all resolutions or motions approved, are hereby adopted, ratified and
confirmed as if they were expressly embodied in this by-law.
(b) The above-mentioned actions shall not include:
(I) any actions required by law to be taken by resolution, or
(II) any actions for which prior Ontario Municipal Board approval is
required, until such approval is obtained.
(2)
The Mayor and proper officials of the Corporation of the Town of Pelham are
hereby authorized and directed to do all things necessary to give effect to the
above-mentioned actions and to obtain approvals where required.
(3)
Unless otherwise provided, the Mayor and Clerk are hereby authorized and directed
to execute and the Clerk to affix the seal of the Corporation of the Town of Pelham
to all documents necessary to give effect to the above-mentioned actions.
(4)
THAT this by-law shall come into force on the day upon which it is passed.
READ, ENACTED, SIGNED AND SEALED
THIS 25th DAY OF APRIL, 2016 A.D.
___________________________________
MAYOR DAVE AUGUSTYN
___________________________________
TOWN CLERK, NANCY J. BOZZATO
Page 31 of 31