SC Special Meeting of Council. Monday, April 25, 2016 Start time 6:30 PM Old Pelham Town Hall, 491 Canboro Rd., Ridgeville AGENDA

Transcription

1 1. Attendance SC Special Meeting of Council Monday, April 25, 2016 Start time 6:30 PM Old Pelham Town Hall, 491 Canboro Rd., Ridgeville AGENDA 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 Local Business Perspective T. Nohara Pelham Seniors Advisory Committee Gail Hilyer Niagara & Haldimand Building & Construction Trades Council; IBEW Barry Neelin Dave Macfarlane Pelham Panthers Basketball and Architectural Design Advisory Committee Basketball Representative Niagara Skating Club Carolyn Botari Ralph Winslade Marianne Stewart Citizen Representatives - Architectural Design Advisory Committee Welland Pelham Chamber of Commerce Joseph Kos Mark Cherney Brian Bleich Liz LeMesurier, Amanda Maggetti James Federico, Yvette Young Dolores Fabiano, Executive Director

2 Council Agenda /04/ Pelham Minor Hockey Association Victoria Morrissey Gary C. Chambers Alan Morgan Bill Heska Stephen Kaiser Architectural Design Advisory Committee John Nicol, Chair ADAC Curt Harley 5.2. Receipt of Written Submissions The Following Persons Submitted Correspondence: 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 Town of Pelham Page 2 of 31

3 Council Agenda /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 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, :30 P.M. Town of Pelham Page 3 of 31

4 Issue Summary Report 6.1. Pelham Community Centre Next Steps # Meeting : SC Special Meeting of Council Meeting Type : Special Meeting of Council 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 /04/25 Page 4 of 31

5 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, 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, 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 /04/25 Page 5 of 31

6 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 /04/25 Page 6 of 31

7 AND THAT Staff be directed to prepare the necessary By-laws for Council consideration on May 2, Special Meeting of Council /04/25 Page 7 of 31

8 Issue Summary Report 6.2. Options for Selling Municipal Land # Meeting : SC Special Meeting of Council Meeting Type : Special Meeting of Council 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: 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. 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. Notice shall be given by one of the following methods: a. b. c. Posting a notice on the subject property or nearby location By advertising in a local newspaper 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 /04/25 Page 8 of 31

9 a. b. c. 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: Retaining a local real estate office pursuant to such terms and conditions the committee responsible decides. Notice shall be given indicating that the land is listed with a local real estate office and by one of the following methods: a. b. c. a. b. c. Posting a notice on the subject property or nearby location By advertising in a local newspaper 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: The Clerk shall prepare a report to Council with the Clerk s recommendation to accept such offer. 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: Posting a notice on the subject property or nearby location By advertising in a local newspaper 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: Posting notice on the subject lands or nearby location By advertising in a local newspaper 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, Special Meeting of Council /04/25 Page 9 of 31

10 Special Meeting of Council /04/25 Page 10 of 31

11 Appendix 1 for 6.2.: By-law 1942(1997) Page 11 of 31

12 Appendix 1 for 6.2.: By-law 1942(1997) Page 12 of 31

13 Appendix 1 for 6.2.: By-law 1942(1997) Page 13 of 31

14 Appendix 1 for 6.2.: By-law 1942(1997) Page 14 of 31

15 Issue Summary Report 6.3. Community Centre User Groups Memorandum of Understanding # Meeting : SC 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 /04/25 Page 15 of 31

16 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

17 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

18 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

19 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

20 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

21 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

22 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

23 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

24 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

25 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

26 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

27 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

28 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

29 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

30 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

31 Appendix 1 for 7.: Confirming By-law THE CORPORATION OF THE T O W N O F P E L H A M 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 25 th day of April, 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 25 th 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 25 th DAY OF APRIL, 2016 A.D. MAYOR DAVE AUGUSTYN TOWN CLERK, NANCY J. BOZZATO Page 31 of 31