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Fractious council kills committee page 3 Nightmare for friends at Pearson page 9 Mystery boat removed page 11 EXCEEDING EXPECTATIONS

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Council vote defies survey, staff

Column Six

Memento Mori BY COLIN BREZICKI

Town, possibly even one day as a new Town Hall. “Let’s look at the overall plan, and maybe a 40-year plan to see what the Town needs are going to be,” he said. “[Things like] affordable housing, a new Town Hall, things like that, before we get rid of it.” Hildebrandt didn’t understand the logic of his fellow councilors’ votes. “It doesn’t make any sense,” the Ward 3 councilor said. “The residents told

T’S NO T T H AT I’M afraid of death, wrote Woody Allen, I just don’t want to be there when it happens. Inevitably, as I age, my attendance at celebrations of life is required more often than before. I can now recite Psalm 23 from memory. I recently attended a memorial service for the aunt of my oldest friend and thoroughly enjoyed it. You’re not supposed to enjoy these occasions, but Aunt Ellie was a month short of reaching her century, and from all accounts she lived a full and happy life. When death finally came, she was already sedated and so was unaware of it. She wasn’t there when it happened, as Woody Allen hoped to be. Singing songs of praise and listening to my friend’s heart-warming, amusing eulogy, helped to make the event memorable indeed. It was a coming together of very different people, many of whom had never met before and would likely not meet again, but all were to some degree connected with the deceased.

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Councillors Marianne Stewart and John Wink, during last Monday's council meeting. Stewart voted against selling the old arena. Wink abstained. JOHN CHICK PHOTO BY JOHN CHICK

Special to the VOICE

Despite a recent municipal survey in which more than 85 percent of Pelham respondents told the Town to sell the old Haist Street arena lands, last Monday night Pelham Town Council defeated a motion to endorse the results and a staff recommendation to put the property back on the market. The vote was 3-2, with councilors Mike Ciolfi, Lisa Haun and Marianne Stewart voting against the sale.

Decision not to sell old arena lands made with Kore absent, Wink abstaining Bob Hildebrandt and Mayor Marvin Junkin supported the sale. Councilor Ron Kore was not in attendance. Councilor John Wink abstained from the vote, citing a potential conflict of interest as he resides six doors down from the arena property. “I live close by, and whatever happens with that

property could have a positive or negative impact on the value of my property,” Wink said afterward. “So I could be making a vote… knowing full well that my property value could go up.” Haun and Ciolfi explained their vote by saying they both saw a late push from constituents in favor of holding onto the land for

now. “I went back and I reviewed all my emails that I’ve been getting,” Haun said. “And at first it was all sell, sell, sell. And then the past week has been uh-uh. It’s not a fire sale. We haven’t finished doing our budget yet.” Ciolfi added that the land may yet have a use for the

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Page 2

The Voice of Pelham, March 27 2019

NRPS impaired driving charges

THE VOICE POLL Replace the arches?

PUBLISHER’S CORNER by Dave Burket

Last autumn, after the municipal election and before their inauguration, I sat down with Pelham’s new councillors-elect for a give-and-take on how the Town and the newspaper might improve communications. Most, but not all councillors were present, along with the Mayor-elect, and the meeting was off the record. I can say, though, that my advice pretty much boiled down to: Talk to us. Don’t duck. If you want your message to reach the town’s residents, there’s no better platform than the town’s newspaper. I also said that given their greenhorn status, they were entitled to a six-month honeymoon to get settled into their saddles before the paper got overly worked up over which trails were being taken or whose horse was proving ornery. In fact, I said, they could raid what was left of the treasury and hightail it to the Caymans, and it would barely be mentioned. A joke, of course. Papa would have to get a pretty good cut of that action to stay quiet. All right, fine. Enough with the wit. In all seriousness, I did not imagine that the honeymoon would come to a premature end four months later—not with the paper, but within council itself. In retrospect, there were signs. This council features some strong personalities, each with his or her own interpretation of what’s best for the Town. This enthusiasm, however, is not always matched with the realities of municipal governance. The bureaucratic beast moves at a lethargic pace. Incremental improvements in efficiency are

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possible. Overnight revolution is not—nor is it advisable when the ship is listing as badly as Pelham’s. The Town is facing a financial black hole. There is no ready source of cash beyond your pockets and mine. The sale of any of the Town’s surplus East Fonthill land is unlikely until 2020. (There’s a story there that I hope the Voice can eventually tell.) It’s not an encouraging sign that staff and the Mayor were blindsided by last Monday’s vote not to follow through on the sale of the old arena. Both sides had an obligation to air their concerns, either in camera before the public meeting (on the basis that the matter under discussion was the disposition of real estate), or through debate and discussion before the vote. It didn’t help matters that two presumably sale-friendly votes weren’t there—in Ron Kore’s case he was literally absent, while John Wink absented himself, asserting a potential pecuniary interest given that he lives six doors away from the arena, and his property value might be affected by any new development. My first reaction to Wink’s rationale was skepticism. It seemed more a way to avoid voting than it was a legitimate concern. How far away is far enough? Ten houses? Two blocks? North Pelham? However, smarter minds than mine support Wink’s decision. Brock University Political Science Professor David Siegal says, “I think that I understand the councillor's concern. Something happening within six prop-

Voice on vacation!

After a recent windstorm fatally damaged the arches erected above Pelham Town Square, there were immediate calls in some quarters to replace them. What do you think? Should the arches be resurrected? Let us know!

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erties of your property could well have a differential impact on your property.” Former Mayor Ron Leavens, interviewed on page 6, agrees, saying he would have done the same. This is potentially worrying when it comes to cannabis. Arguably, Ward 1 is the most affected by grow-op odours and light, meaning that property values in Ward 1 could conceivably suffer (or benefit) the most from future council action to exert more control (or not) over cannabis farming. Does this mean that Ward 1 Councillors Ciolfi and Stewart must abstain from voting on cannabis-related motions? How slippery is the slope, and how far is it to the bottom on actual, or perceived conflicts of interest between public duty and private benefit. Lies, Damned Lies, and Statistics I don’t have a strong opinion as to whether the old arena should be sold or retained—and our family lives not far from it. I do, however, have a strong opinion over whether I want to see yet more increases in our property tax. As the clever phrasemakers say now, that would be a hard no. By all reasonable indications, an overwhelming majority of taxpayers are of the same mind. Some 85% voted in the Town’s survey to sell the arena; some 77% said the same in our poll. And let’s be clear how these results should properly be interpreted. The key term is “taxpay-

er,” not “resident.” According to census figures, there are 6,469 "private dwellings occupied by usual residents," in Pelham, i.e., 6,469 residential property tax payers. With 903 responses, this puts the Town’s poll sample at 14% of the population. All things being equal, say Brock mathematicians I consulted last week, this is enough to reach a 99% accurate conclusion, with a 4% margin of error. The caveat is the “all things being equal” part. Were the Town's poll questions fair, for example, or were they crafted to elicit a certain response. In fact, the first version of the Town’s questions, provided to us in the form of an advertisement, were, in our judgment, more push-poll than neutral poll. We received the ad copy on a Friday. We raised our concerns directly with Interim CAO Teresa Quinlin, who, to her credit, listened and acted, working over the weekend with staff and council to rephrase the wording. By the following Monday, a revised set of questions was what the Town used. They were arguably still on the side of selling, but then Town staff have been clear on their desire to sell the property and their reasons for doing so. Neither the Town’s poll nor our poll was randomized—that is, those who took the surveys decided on their own to do so. They weren’t called at random, in the fashion of a professional

polling firm, and asked to respond. Whether this is a serious shortcoming that contaminates the results is an open question, although I have my own answer: No, it isn't. I don’t seriously believe—nor do I believe that any councillor believes—that the poll results are inaccurate. Two polls reached identical conclusions, varying only by degrees of support—and I would argue that the Voice’s poll was without any intentional bias at all. Calling into question the legitimacy of these results borders on the disingenuous. Nonetheless, one of the Brock mathematicians, speaking not for attribution, said, “As a resident, not as a mathematician, I personally dislike polls like this. If the Town wanted to exercise direct democracy, they should have organized a formal referendum.” So where does this leave us. Our councillors inherited a no-win situation, and I don’t envy the work they have ahead to get the Town back on track. I also believe that they are each acting in good faith, with integrity (including Councillor Wink), and continue to deserve a few more weeks of honeymoon time. I would hope that their internal relationships and communications take a turn for the better, and not be allowed to solidify into permanent factions. That would be unfortunate for them, and more unfortunate for us. ♦

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OPINION

The opinions expressed in submitted commentary and letters to the editor are those of the contributors and not necessarily those of the Voice of Pelham.

The Voice of Pelham is a 1211858 Ontario Limited publication David Burket, Publisher 2-1428 Pelham St., P.O. Box 1489, Fonthill, ON L0S1E0

COMMENTARY / OP-ED Rob Keen, RPF Ontario needs more trees

AV I N G SPENT my life surrounded by trees—40 years in a professional capacity—I know that when our forests are healthy, they provide an impressive range of services and benefits. While the value of our forest’s ability to sequester carbon and mitigate the effects of climate change is undeniable, trees do so much more. Forests support wildlife and biodiversity, economic development opportunities, benefit human health, supplying ecosystem services such as water and air purification, and contributing to our culture as maple leaf-waving Canadians. Recent news media coverage contends that increases in forest fires and insect infestations are converting our forests into being a carbon source rather than a carbon sink. With more trees equaling more carbon sequestration, healthy, growing, well-managed forests absorb significantly more carbon than they emit. The forests best suited to adapting to climate change and most resilient to natural disturbances are large,

contiguous, diverse, and healthy. Forests like this are better equipped to mitigate and adapt to climate change effects. Planting more trees make sense.

Ontarians should be proud of our world-class forest management practices Trees do amazing things even when no longer in the ground. Using wood from our managed forests can lock up sequestered carbon well beyond the natural life span of a tree. Consider that your wood-framed house stores the amount of carbon emitted by running a family car for five years; consider that 30,000 homes like this are built in just Ontario each year. There is a growing need for more forests, especially

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www.thevoiceofpelham.ca PUBLISHER & EDITOR Dave Burket publisher@thevoiceofpelham.ca ADMINISTRATION Lori Gretsinger office@thevoiceofpelham.ca CONTRIBUTORS Mike Balsom Jane Bedard, Carolyn Botari, Colin Brezicki, Rosemary Chambers, John Chick, Larry Coté, Gloria J. Katch, Samuel Piccolo, Bernie Puchalski John Swart, Sarah Whitaker NEWS INQUIRIES & TIPS editor@thevoiceofpelham.ca LETTERS TO THE EDITOR letters@thevoiceofpelham.ca ADVERTISING INQUIRIES advertising@thevoiceofpelham.ca

on fragmented landscapes in some parts of southern Ontario. Science says that 50 percent forest cover (at the watershed level) is the threshold required to support healthy aquatic systems and the species. In some areas of southwest Ontario, forest cover has fallen as low as 5 percent. To reach even 30 percent forest cover, best estimates indicate at least one billion new trees are needed, and this means planting. Ontarians should be proud of our world-class forest management practices and tree-planting initiatives, such as the 50 Million Tree Program that provides landowners with low-cost and technical help that is creating Ontario forests of tomorrow. For all these reasons, you can see why I think Ontario needs more trees. We also need a conversation about advancing a national tree planting strategy, join this conversation by following @ItTakesAForest. ♦ Rob Keen is the CEO of Forests Ontario, a registered charity that promotes forest health.

Letters Family homestead "much in confusion" I read the enquiry of Mr. Eddy [“Trying to track down family homestead,” Letters, March 20, p. 4]. I went through my notes from the Registry office when I visited there in 1992 and in the old folio books noted that the Registry clerk wrote about Lot 1 Concession 7 “much in confusion,” and in 1852, when the Thomas Canby Plan of Temperanceville was registered, the owners of the lot were re-recorded without acreage. This occurred again when Fonthill was registered as a Village in 1856. On July 19, 1851, Thomas Canby sold Adam Scholfield part of Lot 1 Concession 7, and noted the following: Adam Scholfield Lot 1 ½, 1/5 and 14/83 January 1, 1861. The Thomas Canby lot ran from current Highway 20

north to Shorthills Retirement Home. The Dexter Deverardo lot ran from Highway 20 south to the driveway between the plaza and old Guardian Drugstore building. Remember, Lot 1 Concession 7 Pelham Township starts at Fonthill Baptist Church, as Highway 20-Canboro Road were trails; Church Hill the Concession Road. Since it mentions 12 feet sold to Adam Scholfield, this would be a lane or alleyway as narrow. The only lane on North Pelham Street west side in former Pelham Township is the current lane north of Keith Crick’s. My great-grandfather owned Lot 46, 48, and 52 north of here, and my cousins Chris See LOTS next page

CONTACT YOUR ELECTED OFFICIALS Member of Federal Parliament

Electoral District: Niagara West

Dean Allison, MP 4994 King Street Beamsville, ON L0R 1B0 Dean.Allison@parl.gc.ca 877-563-7900

Mayor of Pelham Marvin Junkin mjunkin@pelham.ca 289-929-2681 Members of Pelham Town Council

Member of Provincial Parliament

Ward 1 Councillor Mike Ciolfi mciolfi@pelham.ca 905-892-0077

Sam Oosterhoff, MPP 4961 King St. East, Unit M1 Beamsville, ON L0R 1B0 sam.oosterhoffco@pc.ola.org 905-563-1755

Councillor Marianne Stewart mstewart@pelham.ca 289-821-0840

Electoral District: Niagara West

Members of Niagara Regional Council Councillor Marvin Junkin mjunkin@pelham.ca 289-929-2681 Councillor Diana Huson diana.huson@niagararegion.ca 905-324-3094 Town of Pelham 20 Pelham Town Square P.O. Box 400 Fonthill, ON L0S 1E0 905-892-2607

Ward 2 Councillor Ron Kore rkore@pelham.ca 905-933-3805

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Councillor John Wink jwink@pelham.ca 905-892-4475

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Ward 3 Councillor Lisa Haun lhaun@pelham.ca 905-892-2607

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Councillor Bob Hildebrandt bhildebrandt@pelham.ca 905-892-5647

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Have an Opinion?

BARRISTER, SOLICITOR & NOTARY LETTERS TO THE EDITOR are welcome. Letter submissions should contain the writer’s full name, address and telephone number. Names only will be published. Names may be withheld if compelling reasons are provided. The newspaper reserves the right to change, condense or reject any contribution for brevity, clarity or legal considerations. All material in this publication is protected by copyright. Reproduction is prohibited without express, written permission of the publisher. ADVERTISING: The Voice of Pelham regrets any errors or omissions that appear in advertisements in this newspaper, however, we will not be held responsible for more than one absent or incorrect insertion or for any damages beyond the cost of space containing the error. The Voice is an independent, locally owned and operated publication. The Voice is a member of the National NewsMedia Council, a voluntary self-regulatory organization that deals with journalistic practices and ethics. If you have an unresolved complaint about news stories, opinion columns or photos, please visit their web site at mediacouncil.ca or call 1-844-877-1163. If you have a complaint about delivery or membership problems, please contact our office at 905-892-8690. For a summary of Voice ethical guidelines, see www.thevoiceofpelham.ca/ethics

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Page 5

OPINION LOTS

continued from previous page and Lorelei Fletcher still own lot 46. Lot 4 is a small number and must be close to the Highway 20 stoplights. I note that where the building is on the corner of Highway 20 and South Pelham west side, was part Lot 1 Concession 7 and parts owned by Adam Scholfield and the lane ran uphill west behind the Howey Jewelry Building, coming out near Pelham Printing. As you see, Lot 1 Concession 7 Pelham Township is confusing. I’m told the old folio books were taken to Brock University Special Collections when they closed on Division Street in Welland. I can tell you that Dexter Potter owned the Brackbill lot, part lot 168 Thorold Township. This would be east side of Pelham Street as it was the Pelham-Thorold Townline. Lot 168, Bracjbill Lot Thorold Township: Crown Grant to Caleb Swayze. Caleb Swayze sold to Jacob Brackbill May 8, 1853, Jacob Brackbill sold to Samuel Taylor March 26, 1862, and Samuel Taylor sold to Charlotte Treaver February 7, 1864, and Charlotte Treaver sold to Dexter Potter December 1, 1871, and Dexter Potter sold to Arthur Sterling February 26, 1872. Note: Jacob Brackbill was a merchant. Asa Hansler Fenwick

Readers react to Town Council's decision not to sell old arena

Land use permits key to cannabis

After Pelham Town Council's vote last Monday night not to sell the old arena lands, the Voice posted the first draft of this week's cover story online almost immediately. The following is a representative sample of reader reaction on Facebook. As of this writing, overall opinion is about evenly split between those who oppose council's vote, and those who support it.

Could the Town of Pelham have excluded cannabis production near residential areas? One of the major challenges faced in dealing with cannabis production is the jurisdictional issues among the federal, provincial and municipal governments. These issues relate to odour control, light pollution, Ontario Building code and land use. I shall address jurisdictional authority over land use. According to the Federation of Canadian Municipalities, Spring 2018, “Municipalities can write land use regulations to make very fine distinctions, for example between manufacturing plants for furniture and manufacturing plants for automobiles, if the uses have different land use impacts and there is accordingly a policy reason for making the distinction. Likewise, a local government could distinguish between the cultivation of cannabis and the cultivation of other types of crops, prohibiting one but not others.” Municipalities can, “Amend existing permitted or permissible use categories to exclude commercial cannabis production or processing activities, except at specific locations or under the authority of a special permit.” The Town of Pelham’s Planning Act affords the use of two tools to restrict land use, namely Site Plan Control and Zoning By-law. With respect to Site Plan Control, the Town of Pelham Official Plan states under B2. 1.3. 12 Greenhouses, “Any proposal to develop a greenhouse or hoop house will be subject to Site Plan Control to ensure lighting, traffic, landscaping and other planning and design matters can be addressed prior to the issuance of a building permit.” Presently, the Town is using the 1987 Site Plan Control By-law No. 1118 (1987) which exempts “agricultural uses including greenhouses” from site plan control. The Town’s Official Plan was amended over five years ago, on March 11, 2014, but the zoning bylaw that puts the Official Plan into effect has never been amended. Consequently, canna-

Great decision! There are so many future possibilities for this property, choices that will benefit the entire Pelham community. Janet Carroll O'Sullivan Snelgrove OMG. So what was the point of the public vote? Jo-Lou Bradley So why ask the residents’ opinion...looks like nothing has changed in Pelham. Beverley Metler 85% of respondents voted to sell and yet our new council voted not to sell. A totally new council but nothing has changed. Disappointed. Valerie Jean Coffey Why were we asked our opinion—now we are being ignored. I thought we had voted for change, so disappointed. Ken Violet Steingart Maybe the people who want it kept should pay the extra costs associated with it. So much for listening to the voices of the taxpayers of Pelham. The extra costs are not worth it and now they want to spend more time and money to study it further. Jim Addario

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I think it was wise to take some time and have a sober second thought. The immediate reaction to save money is understandable. But it took us many years to get into this mess, and I think it would be wise to look carefully at a repayment plan over a long period of time and also to have a long-term plan for the community as to how best to use lands that are owned by the Town. Moving the summer concerts to this site is one possibility. A natural park is another. Just holding on to it for a while until we see what might be possible. Tillie Maria Well how much is this going to cost along with other significant Town debt? What was the purpose of the survey vote? Majority wanted it sold. Town can't afford it and needs money from a sale...yet another further increase in property taxes...not happy. Judith Drosky Stop kicking the can down the road and make a decision. We (and I live here) elected this council to make hard decisions and get us back on a good fiscal track. If you want to keep it, what will it be used for and how much will it cost to repair and maintain the property until it is completed. We have already

spent time and energy coming up with a plan to sell and develop it. Choose one and move on to other issues. Craig Mackenzie I suspect we only have part of the story. We don’t know what clauses were in the offer or if there exists another offer. We also don’t know what the residents in the immediate area voted for. The Town is in need of money, rushing to cash everything in without anyone knowing was the old council’s way. I will give this council the opportunity to exercise due diligence and transparency. Corey Ziraldo Thank you council members for listening to those of us who are greatly impacted! Green space is a premium that should be protected! And maintained! Mike and Lisa, my vote went to the right individuals who care about Pelham not becoming the next Brampton! Kelly Alexis Citrigno So now our new council would like to be like the Region, needing a shiny new Town Hall on the old arena property! Obviously during the election we only did half the job. We voted the old council out and shouldn’t have voted any in! Jim Stokes

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Page 6

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Leavens to council: Do your duty Ex-mayor says that sale of old arena is a no-brainer BY VOICE STAFF He may be long out of office, but former mayor Ron Leavens keeps a keen eye on municipal happenings, and what he saw last week with Town Council disturbed him. “They fumbled the ball badly on this one.” “This one” is the proposed sale of the old Pelham arena lands on Haist Street, part of the previous council’s plan to help pay for the new community centre in East Fonthill. Leavens served as Pelham’s mayor from 2002 to 2006. Then, as he says, he was “voted out of office.” The issue that killed Leavens was the municipal purchase of the acreage now known as East Fonthill. In part, Leavens sought to protect it from developers bent on making a quick buck with cheap, slipshod construction. He wanted the Town to determine how, and when, the tract was developed. Not surprisingly, how the Town continues to approach East Fonthill, and issues related to it, is top-of-mind for Leavens. Now 72, he tells anyone who asks that his days in politics are done. A teacher in Niagara schools from 1975 to 2000, he recently sold his PetValu franchise in Fonthill—although he continues to work there, part-time, after 22 years and counting.

“The vast majority of the people who come into the store want the arena sold. Water and sewer rates are going up. We don't want higher taxes on top of that. I agree with Councillor Kore, who said that if we weren't in the situation we were in you could've taken more time to look at it.” Leavens shook his head at the suggestion that the arena building could be re-purposed for other municipal uses, even as a new centre of operations. “Putting Town Hall in a residential neighborhood just doesn't make sense,” he said, adding that if nearby residents thought that traffic was bad when the arena was in operation, they had a rude awakening coming if the headquarters for Town staff, operating 51 weeks a year, were transplanted within their midst. Some councillors who voted against the sale last week said that they were responding to recent resident sentiment against seeing the property developed, despite an asserted 85% of residents overall favouring the move in a Town survey. Leavens said that NIMBY-ism is something that all councils are faced with, but that the greater good is what’s most important. “Councillors should be making decisions for the whole community, not just

neighborhoods,” he said. “The three that voted to keep the property coppedout on their responsibilities. They know the Town's financial situation. They know how important it is to get dollars in the kitty to start paying off the Town’s loans. They've got background information that the public doesn't have, that shows how severely we need the sale. It's logical to sell this property for as much as it will go for.” When asked about Councillor John Wink’s rationale for abstaining from the vote—that he owned property six doors away, and that the value of his property may be affected by development—Leavens said that it was better to be cautious on matters of potential pecuniary interest. “If I had been in his shoes, I would have done the same. Whenever there is money or property involved, councillors have to be careful.” Leavens said like it or not, Pelham’s financial reality is what it is. “The size of the debt isn't going to shrink unless it's paid off. You have to be fiscally responsible, and holding onto the arena property is not fiscally responsible. All the candidates that were elected were preaching fiscal responsibility. Now follow through with it.”

Friday at 9 PM it’s

From left, Mayor Marvin Junkin, Ward 3 Councillor Haun, Ward 1 Councillor Ciolfi. SUPPLIED PHOTOS

Mayor, councillors, Interim CAO sound off on arena non-sale decision The Voice requested comment from Mayor Junkin, all councillors, and Interim CAO Teresa Quinlin on council's decision to reject selling the old Pelham arena in the face of apparently overwhelming public support for the sale. Councillor Bob Hildebrandt declined to comment. Councillor Ron Kore did not acknowledge the request.

Councillor Marianne Stewart

I feel we need more information before making an irrevocable decision on it.

Councillor Mike Ciolfi

I voted no to the sale of the arena at this time, NOT because I’m in favour of tearing down the existing building and keeping the land as-is. I am 100% okay with selling the arena as per the proposed plan, providing we have a long-term plan in place that looks at buildings, land and infrastructure, and that this property will not be required for future use. Once it is sold there is no looking back. 903 people voted—that is 5.2% of the total population. 769 voted to sell—that is 4.4% of the total population. Throughout the last couple of weeks, I have had several residents email, call and tell me in person not to rush into the sale, this is not a fire sale. This is prime real es-

 THE ATHERTONES

Saturday at 2 PM it’s

BARBARA MANTINI

tate. If there is a plan in place and we see that there is NO need for this property in the future, then I’m okay with the sale as proposed.

Councillor John Wink

In one of our early orientation sessions, we had legal council discuss conflicts of interest and consequences of undeclared interests. It was suggested that if there was any doubt it would be best to err on the side of caution. I declared a conflict because our personal residence is six properties away from the old arena lands. Because of the close proximity our property value could be impacted by any decision made by council positively or negatively...it is impossible to predict if this would be the case however I erred on the side of caution which is within my rights as a councillor. See COMMENT Page 10

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The Voice of Pelham, March 27 2019

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The Voice of Pelham, March 27 2019

www.thevoiceofpelham.ca

Cannabis roundtable gets the game rolling All government levels represented in session called by Councillor Mike Ciolfi BY GLORIA J. KATCH

Special to the VOICE

The famed comedic Abbott and Costello baseball sketch based on the punchline,"Who's on first?" comes to mind in dealing with the confusing marijuana issue that's pervading locally, and throughout many municipalities across the country, all trying to deal with complaints over marijuana grow ops. MPP Sam Oosterhoff echoed this sentiment, saying, "No one knows who is doing what...and who goes to whom for what?" The questions reflected the state of frustration posed during a roundtable discussion on marijuana held last Friday at the community centre, involving a meeting of federal, provincial and local government officials. The meeting was organized by Pelham Councillor Mike Ciolfi, who lives in the area of CannTrust, a large grow-op in Fenwick. Ciolfi says he's received about 30 complaints about odour and lighting in recent months. However, he's positive about the outcome of this meeting. Arguably, the largest problem with marijuana legalization is that too many ministries and four levels of government oversee various aspects of cannabis, including cultivation on both large and small-scale levels, which is causing a bureaucratic quagmire. For odour complaints, municipalities have to contact the Ministry of Health. Citizens wanting to make a complaint must complete a Cannabis Reporting Form through a website link from the municipality. For complaints about lighting emissions from agricultural greenhouses, complaints should be directed to the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). However, many people making complaints to the Ministry of Health are just being re-directed back to their municipalities. What's worse is getting a reply. MP Dean Allison said, "I had problems getting through, and I have access. I can't imagine what it would be like for a regular person." MPP Sam Oosterhoff said he will be meeting with the Ministry of Municipal Affairs and Housing, and OMAFRA, to get some ideas to "mitigate the problems" caused by the legislation. Allison suggested that municipalities may have to get together to take a stand on the issue. When asked about addressing it with the Association of Municipalities of Ontario (AMO) Allison told the Voice there

From left, Pelham Mayor Marvin Junkin, Niagara West MP Dean Allison, and Niagara West MPP Sam Oosterhoff review briefing materials.

wasn't enough information on the issue back then, so it wasn't discussed at last year's annual meeting. The problem with dealing with the marijuana issue is that it's relatively new, and the standards were not all established prior to legalization. Allison said the act that covers building codes has not been updated since 2013. He told the Voice that he will need to follow up to improve this bill's standards, and "give it teeth," so it can do “what it was intended to do." In reference to building codes, he said there are safety concerns that need to be in place, especially since there will be many new companies sprouting up. Gord Bates, Allison's Chief of Staff, told the Voice that the issue will become more urgent when people start growing marijuana in their back yards. Since landlords now have less control over what their tenants do with their properties, he said there are going to be more local community issues. He believes there "will be a court challenge down the road." Oosterhoff lamented that getting a response from the right ministry officials has also been a problem. He wanted to know what action has been taken, and what the answers have been so he can address them. The chair of the Pelham Preservation Coalition, Jim Jeffs, said he contacted the Farm Standards and Protection Board after months of complaints, and was told that there were no problems with odour control regarding the marijuana facilities. Craig Genesse, Bylaw En-

forcement Officer for the Town of Pelham, noted the difficulty of regulating odour, because by the time he responds to a complaint the odour may be gone. Resident Bill Heska, also from the Pelham Preservation Coalition, reiterated that monitoring odour levels can be "unpredictable," due to changing temperatures and wind levels. Pelham Regional Councillor Diana Huson asked if the complaints were from neighbours of the grow-ops or closer to Welland. Genesse replied it was both, depending on the individual person's sensitivity to smell. Mayor Marvin Junkin pointed out that odour is created by particles in the air, which can be measured. "It's a case of finding the science, the parts per million, and you have to meet those standards." Pelham’s Director of Planning and Development, Barb Wiens, said she has consulted with Pinchin Ltd., an environmental laboratory that studies odour emissions, but this study has not yet been applied to marijuana. Considering there are 1,100 strains of cannabis it might prove difficult, but Wiens noted Pinchin could take a sampling of the air to determine what would be "objectionable.” When the lighting and heating in a greenhouse reach a certain temperature, the facility is opened for ventilation, which is when the odour escapes. There are other environmental practises, such as scrubbers, to prevent odour emissions. "The industry is trying to mitigate this," explained Wiens.

Jeffs noted there is technology in Europe to assist with odour pollution problems, "but it's a matter of cost and putting pressure on the facility to do this." A case involving odour control near Ottawa has caught the interest of Wiens, who is monitoring it to determine the results. However, she said in any agricultural area, there are odours, which are deemed "normal" for a farm, and particularly in the livestock industry. She is interested in knowing, "What's our jurisdiction on this, and can we regulate a certain crop that is growing?" Mayor Junkin believes bylaws may be used to regulate marijuana odours, as "chicken and hog barns" have to be offset at least 200 meters and 400 meters, respectively, from property lines. "It's up to the towns to have these discussions and put it in place. As long as they're under agriculture, you have to follow the rules," he said. Huson critically noted a recent marijuana expansion in Pelham resulted in the removal of a cherry orchard. She commented on whether or not greenhouses should be on agricultural-zoned land. She believes they could be relegated to "appropriate areas,” which are not in proximity of neighbourhoods and communities. Huson agreed with Junkin, who earlier informed the round table participants that Niagara-on-the-Lake recently passed a bylaw relegating grow-ops to warehouse districts. In future, Councillor Ciolfi later told the Voice, this might be a feasible solution,

and observed that industrial zoning areas are subjected to higher property taxes. On a foggy night, there is one local marijuana facility that can probably be seen from the moon, although no one mentioned it by name. Resident Bill Heska said there are light meters that take readings to monitor the brightness.

I have access. I can't imagine what it would be like for a regular person.

Wiens said that the light can come from two sources—illumination of the plants, and security lighting that surrounds the operation. Genesse noted OMAFRA deals with lighting complaints, but this is a threestep process. Complainants can email them at: ag.info. omagra@ontario.ca. However, "there are lots of hoops to jump through," he added. Mayor Junkin suggested the Preservation Coalition consult with Genesse to get the process started, as MPP Oosterhoff noted it was important to log all of the concerns. Councillor Ciolfi suggested the Town assist in moving the issue forward. Councillor Ron Kore suggested that the lighting

GLORIA J. KATCH PHOTO

problem was due to the grow-ops intent to drive higher yields. Wiens said that lighting needs depend on growing stages—in a vegetative state, cannabis requires 18 hours of light, while the flowering stage requires about 12 hours. There will be fewer problems with lighting in the summer as the days grow longer, she said. However, numerous crops are grown simultaneously, and are in different stages at the same time. Overall, concerning odour and lighting, Wiens said that no building codes exist requiring municipalities to know the particulars about structures, such as ventilation systems, or for example, blinds in a house. Councillor Ciolfi asked if these specifications could be added to the building code. Oosterhoff said as an MPP, he wouldn't want regulations which were that intrusive. "We don't want to get into something that specific, because some people will be upset,” and added that his father would be among them, as he was also a farmer. "There has to be some leeway," he said. Wiens added the additional specifications to the building code would mean more training for building inspectors. As far as the current equipment and technology in existing grow-ops, the specific information is "proprietary, and this information is protected," she said. In the meantime, Councillor Ciolfi said he’ll persevere to round all the bases. He told the Voice, "I'm going to keep pushing this forward."

www.thevoiceofpelham.ca

The Voice of Pelham, March 27 2019

Page 9

Daniella Nettos, left, and Samantha Taylor.

GLORIA J. KATCH PHOTO

Hellish homecoming from tropical paradise Detained, strip-searched, thrown in a cell, local travellers allege mistreatment at Pearson After being detained, stripsearched, handcuffed, and thrown in a cell for several hours at Pearson International Airport last Thursday night, "brutal" and "traumatized" are the two words Jeff and Sherry Taylor angrily repeated in describing their daughter's recent experience returning from spring vacation in Jamaica. The Pelham residents find the entire incident "mind- boggling" and believe their 22-yearold daughter, Samantha and her friend, Daniella Nettos, 23, were both victims of profiling. Neither of the two young women have a criminal record, or any previous involvement with drugs or smuggling. Jeff Taylor said the question they have is why. "What was their evidence to go to such lengths?" His understanding of the law is that authorities are required to have "reasonable cause" to make an arrest. When the girls placed their passports on the automated scanner at the airport Thursday night, they were expecting to get through the lineup quickly, since they had nothing to declare. They were happy their flight landed at about 10:30 PM, a little earlier than expected. But the customs officer ticked her papers with a "red ‘x’," and before they knew it, the young women were separated by different officers and taken away. Then came the constant questions—why they were away, who they visited, and how did they earn their money. Despite finding

no evidence of wrongdoing after rummaging through their luggage, and chemically testing their bags for drug residue, the women asserted that the customs officers relentlessly continued to badger and detain them. "She was so freaking scared and intimidated," said Sherry Taylor, Samantha's mother, in speaking to the Voice the following day. "Every time she starts talking about it, she starts crying. It's humiliating.” While her daughter has a few tattoos, she doesn't have any eye or face piercings, and doesn't have anything outstanding in appearance to treat her like a criminal. "They said she was in a gang," said Mrs. Taylor. "It's discriminating. [This experience] is going to haunt her for awhile," she said. But the Taylors believe the incident needs to be reported, so people will know their legal rights and know what can be expected at customs. On Saturday, Samantha, with the encouragement of her father, was able to pull herself together and talk to the Voice directly. To Samantha and Daniella, the misunderstanding lies in the fact that Samantha and Daniella went to Jamaica a few weeks ago. A previous trip to Jamaica was with the Nettos' family, including Daniella's parents and grandmother, as Daniella has a relative and friends there. However, last week the girls decided to take a vacation on their own. The customs officers were concerned about why they had taken two trips to Jamaica in

BY GLORIA J. KATCH

Special to the VOICE

such a short period of time. They asked who they knew, who they met with, and what they did on their vacation every day. Samantha said that customs

They kept telling us we were going to die of poison

took pictures of her passport and other identification, and she's worried she's been "flagged," which may mean she will have problems travelling in future. They took pictures of the tattoos on her hand, and said she must be in a gang. "They asked who I was working for.” Similarly, somewhere on the other side of the airport, Daniella was receiving the same treatment. The two were not allowed to talk to each other. Samantha said she was not allowed to call her father, who she had informed earlier she was on her way to claim her baggage. She was upset, as she knew her father would be

worried and waiting for them. Soon after, her cellphone became a big issue. It was confiscated, and when customs officials asked to go through it, Samantha denied them permission. However, she asked them to call her father, and they wouldn't. "They said I was probably trying to call my drug dealer." Apparently, during this time, Jeff Taylor was trying to call Samantha to no avail. When someone did eventually answer her phone, Taylor asserted that the customs officer said his daughter was being detained, but wouldn't give him any further details. Taylor wandered around the airport waiting. It wasn't until about 3 AM that an officer finally said his daughter could be there all night, so Taylor left, have to get some sleep before work the next morning. However, he was upset that customs officials intentionally wouldn't even give Samantha his message. When officials asked permission to view both Samantha’s and Daniella's phones, initially they declined, because they felt it was illegal, an invasion of their privacy. This prompted officers to inform Samantha she was under arrest, because she was being "uncooperative.” She was handcuffed and walked through the airport to a cell area down the hall. Daniella had the same thing happen to her, although they were taken to different cells. Walking through the airport handcuffed and escorted by customs officers, while people stared as they went by, was "hu-

miliating," Daniella said. It was the longest three minutes of their lives. When Samantha requested an attorney, customs officials called someone they said was from legal aid, and let her speak with a woman. The woman gave Samantha only her first name, but told her to cooperate with customs. So Samantha allowed officers to go through her phone. She said that she could barely see through a small window in the cell door. "I could hear them laughing outside, as they went through my phone, like it was entertainment." By this time, Daniella was already told to strip down, and squat so they could perform a cavity search, and to lay on a bed and spread her legs. Then customs officers brought her all kinds of food and coffee, so she could defecate and purge the contraband they alleged she had inside her stomach. Daniella said every time she had to urinate she was taken to a toilet in this "gated area," while two officers watched her in the act. She was required to hover over the toilet, so they could see if any drugs dropped out. She also wasn't allowed to dispose of the toilet paper in the bowl, and had to show it to officers after wiping herself. Even when Daniella had a bowel movement, and they didn't find any evidence of drugs, a customs officer still wasn’t convinced, telling Daniella that her bowels were not completely void yet, and See DETAINED Page 14

Page 10

COMMENT continued from Page 6

Interim CAO Teresa Quinlin

On February 11 there were two special council meetings opened to the public with presentations from the Treasurer and Director Planning and Community Planning on the former arena land located on 1120 Haist Street. The staff was directed by the Mayor to conduct a public survey asking the residents of Pelham for their vote on whether to sell or retain these lands. All members of council were given an opportunity to review the survey questions before they were published. Mailers were sent to households in Pelham to ensure awareness of the survey and that they had an opportunity to vote. The response was 85.16% (769) in favour of selling portions of the land and 14.84% (134) voted to retain portions of the land. This response was similar to the poll that the Voice held. I think the poll results were accurate since people were required to input their municipal address. Staff reviewed the addresses provided for anomalies and to ensure only Pelham addresses were included in the final tally. The Town advertised notice of the survey on our website, in the Voice (including a commentary submission by the Mayor), sent out a direct-mail piece to households, posted it on social media, and was brought up at the public open house. An effort was made to ensure that all households were aware of the survey and they were encouraged to vote. Given the previous work done by the Department of Community Planning and Development in 2017 and the strong push to inform residents and receive their input for a second time, I would say that the consultation

The Voice of Pelham, March 27 2019 process was sufficiently thorough. The poll questions reflected the reality of our financials and the impact this sale of land has on them; I believe the poll questions were fair. The Town has made commitments to capital projects that were started prior to 2019 that were approved to be funded by reserves. Purchase orders have been issued and consequently the Town is obligated to finish these capital projects. The Town does not have any cash in its reserves to use for these purposes. If the land is not sold, the Town will have increased interest and principal payments to pay for the funds that need to be borrowed in order to pay for the $2.6 million committed capital projects. If the land remains with the Town, additional funds will be needed to demolish the building and remediate the soil with an additional cost up to $1 million. This additional debt could add an additional 3.9% increase in property taxes every year for next 10 years above other proposed tax increases.

Mayor Marvin Junkin

I was very disappointed with the councillors who voted not to sell the arena lands on several points. Council as a whole had stated on several occasions that if the land had not been sold before we took office, then we would re-open the debate, and whatever the majority of the residents decided, we would honor that decision. After two public meetings, the Town conducted a poll, which was advertised, not only on the Town website, but also in the local paper, and a flyer was mailed out to every household in the town. These steps cost the Town roughly $3,500 dollars. The result of the poll showed 85% of the 900-plus respondents were in favor of selling the land. At no time

Going forward, I would imagine some skepticism may be voiced by the populace the next time council asks for their opinion up to this point had any councillors indicated that they would be voting against the will of the majority of the poll, which, by the way, with those 900 respondents, could be classed as statistically significant. Because no opposition was voiced beforehand, when the motion came before council I did not call for comments or debate, assuming— wrongly, as it turned out—that all councillors were still on-side with listening to the will of the majority. Members of this council are on record criticizing the last council for having their own agenda, and not listening to the will of the people. I personally felt that with 85% of the town telling us to sell the land, this should have been one of the easiest decisions made by this council to date. Going forward, I would imagine some skepticism may be voiced by the populace the next time council asks for their opinion.

Councillor Lisa Haun

The community of Pelham deserves and expects responsible and transparent decision making for each and every issue presented to council and should not feel pressured in making a rushed decision to sell the arena land without the benefit of first reviewing all of the relevant information. Some key factors that have not

www.thevoiceofpelham.ca been considered in relation to this issue include: —Our town budget is not complete or approved. The financials for our new community centre, our most expensive asset, haven’t yet been made available. —A complete inventory and long-term plan for all other Townowned lands and their current assessed and projected values. —Consideration for the use of the arena land if we did not sell it. —The completion and approval of our Town’s strategic plan for the next four years. My constituents hold me accountable for making wise decisions, having direct consequence on our current and future financial outlook. A misinformed or impulsive decision to sell a highly desirable property will have irrevocable, long-term and option- limiting implications for us all. With less than five percent participation rate in favour of selling the arena land (769 out of 17,100 residents), did not instill confidence that this is reflective of the opinion of the majority of residents in our town. In fact, only six percent of residents in Ward 3, where the arena land is located, actually voted! [Editor’s note: Readers are directed to Publisher’s Corner, p. 2, for a discussion of these percentages.] A public referendum could have provided greater clarity as to the opinion of the whole community. This is a prime parcel of real estate and the sale of it should not be taken lightly. It is worth noting that even if this arena property were to be sold, the monies would not be going towards paying down the community centre debt but rather toward funding capital projects that were carried forward from 2018 and prior years. I am certainly open to revisiting this decision in the future once additional information is provided to council.

Letters

continued Elephant bites Well nothing seemed to have changed at Pelham Council. Sell-or-not-to-sell seems to be a problem here. Are some stakeholders interfering in good choices? Mr. Wink lives far enough from a future development that is rational at all accounts. Council is looking for a 40-year vision. You can’t eat an elephant in one bite. Chop it up first. I recall vividly when the Lincoln Street police station was planned on the corner of Foss Road and South Pelham. It got so much flak for a poor location. Now council is looking for a Town Hall on the old arena grounds. Traffic and more traffic would have a negative effect on the surroundings, one would think. Accessibility is a problem—all streets leading there have limited access. Sell the place as best as you can. One bonus is using the steel columns from the old arena to rebuild the arches at Town Square. Let the artist have a go at the final design that would bring some appeal to the area. Name them after all the villages belonging to Pelham and the deal is done. Tax the cannabis industrial businesses and they can pay for some of the cost. Andy Van Driel Welland

www.thevoiceofpelham.ca

The Voice of Pelham, March 27 2019

Page 11

Mystery boat removed from Pelham's southern border BY JOHN CHICK

Special to the VOICE

A mystery craft that ran aground at Pelham’s southern boundary on the Welland River has been removed, but nobody seems to know the full story behind it. A cabin cruiser boat, approximately 10 metres in length, had been beached in the E.C. Brown Conservation area for at least six months before its removal last Thursday by a Stoney Creek towing company. A film crew from the Discovery Channel reality TV series “Heavy Rescue 401” shadowed the removal and hoisting of the 6,300-kilogram boat onto a flatbed truck, meaning some of the mystery could be solved on a small screen near you at some point. The Niagara Peninsula Conservation Authority (NPCA) said they had been aware of the beached boat for some time, but neither they nor the police had any contact information about who owned the boat — called “Rascal,” with Toronto named as its home port. A visit to Transport Canada’s vessel registry page showed the only match to this was a boat that hasn’t been registered since 1985. Prior to the removal, Erika Navarro of the NPCA told the Welland Tribune that a mystery man was seen on the boat last fall, but the paper reported that police were able to establish that the individual was not the boat’s owner. The Voice inspected the craft before its removal, noting that on its aft deck was a solar-trickle charger attached to what looked like a car battery. The NPCA’s Navarro told the Tribune that there were no environmental hazards associated with the boat. She added that the NPCA paid for the removal of the boat, but that they could possibly charge the bill to the owner — if they were ever located. “This is a first for me,” Metro Towing’s Glen Hobman told the Tribune, adding that the “Heavy Rescue 401” producers shadow his company for the TV program. “They follow us around all year long.” The show features on-the-scene large-scale towing and heavy vehicle rescue operations, mostly along busy southern Ontario highways. The good ship was apparently then headed for the scrapyard, leaving more questions than answers to a Rascal of a mystery.

Various views of the wascally Rascal, beached at the E.C. Brown Conservation area over the winter.

BOB LOBLAW PHOTOS

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The Voice of Pelham, March 27 2019

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Fonthill Electric Ltd Taryn Wilton

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Places of Worship and Events THE VOICE OF PELHAM

Bethany Christian Reformed Church 1040 Balfour St., Fenwick

Fenwick United Church 1050 Church St., Fenwick

Glad Tidings Church of God Fonthill Rlectric Ltd 1 Pancake Lane, Fonthill

The Voice of Pelham ad size PelhamDirectory Evangelicalad Friends Church Service Haist St., Fonthill w:2.5” x940 h: 1.75”

Fonthill Baptist Church email 1414 Pelham St., Fonthill

TarynAnglican Wilton Church Holy Trinity 1557 Pelham Street, Fonthill

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461 Canboro Rd., Fenwick

Approved By:

IN THE NEWS Thefts

On March 13 at around 2 PM, a theft was reported in the 100 block of Hwy. 20 E. in Fonthill. Approximately two hours later, another theft was reported in the same vicinity. The following day, March 14, a property crime was reported in the 1400 block of Station Street.

Niagara Regional Police did not return a request for further information as of press time.

$725K from province

The Town of Pelham has received a $725,000 one-time investment from the provincial government to be allocated to municipal services.

In a letter from the Minister of Municipal Affairs and Housing, Steve Clark, it is stated that the funds are unconditional, though intended to help modernize service delivery and reduce future costs through investments in projects such as: service delivery reviews, development of shared services

Date:

Due Date Roman Catholic Church St. Alexander’s 50 Pelham Fonthill Friday, March Town 18 at Sq., noon Rundate(s) St. Ann’s Roman Catholic Church Mar. 834 23, Canboro Apr. 6, 20, May 4, 18, Rd., Fenwick June 1, 15 and 29. Cost $42 per insertion plus HST. Terms: Due on publication

agreements, and capital investments. “This is great news,” said Mayor Marvin Junkin. “All you have to do is look around to see the importance of investing in our community—new infrastructure and repairs to what is already in place will keep Pelham moving in the

right direction now and well into the future.” Pelham Town Council will receive information and recommendations from staff on how to best allocate the funding. A Town statement says that the Pelham Street storm and road reconstruction project is likely to be recommended.

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The Voice of Pelham, March 27 2019

Page 13

COMMUNITY EVENTS & CLASSIFIEDS

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Community Event Classified ads are available in blocks of 30 words for $10 incl. HST.

Ad booking and payment deadline is Thursday Noon prior to week of publication. Payment may be made over the phone by credit card, or in person at our office by cash or check. Thanks for supporting your Voice!

guitar, bouzouki and a number of other instruments, our three virtuosos blend boundless energyREPAIR with the unmistakable joie deBIKE vivre found MASONRY CLUBonly in traditional Quebec music. Show runs from 7-9 p.m. Niagara Freewheelers ALLTYPE MASONRY

Bicycle Touring Club open Brick, Block, Stone and Chimey repairs. house is April 10 at 7 pm. PELHAM LIBRARY CARD MAKING WORKSHOP Wet and damaged basement repairs. Niagara Region, East Phone Tomsix Deamude at 289-241-4767 905-892-1924. Make cards with fall themes,orlearning a variety ofBuilding, techniques. Materials Schmon PKWY. 35 years of construction experience. are provided. At time of registration, please enquire about needed. Learn about tools our bicycle club, see bike shop displays, win Tues., Sept. 16 10 – 12:30. $10. Please register ahead. Visit www.pelhamprizes and meet people. PERSONAL TRAININGfor more details. library.on.ca or call 905-892-6443 Doors open 6 pm. Chance Carrier Fitness

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Buy, sell or trade used equipment at the Pelham Arena. Aimed to provide of upcoming season. Runs Sept. 6 from cheaper options for playersWeek in this March 25 TAX INCL. 9-12 in the morning. Posted

OLD PAPERS PELHAM MUDFEST March 21 Do you run have on old the issues of the Men and women will be back in the mud as the second year is Voice published from 1997 to Central held at Bissil’s Hideaway. 2007? How about the Pelham Region Ads included

Herald (any year). We'd love to add them to our archive. Contact: publisher@thevoiceofpelham.ca

Josh DeHaan Flooring “For all your flooring needs”

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BIG MOVE CANCER RIDE The Big Move Cancer Ride is a non-competitive ride taking place on Sept. 7. Proceeds for the Big Move stay in Niagara and support the There Walker areFamonly two fundamentals ily Cancer Centre. of great advertising.

Consistency

WALKING CLUB Interested in walking in Pelham? Join them Tuesdays at the Pelham Arena from 9-10 am and Thursdays at Fonthill Bandshell for 9-10:30 am. There is no fee for this program. For more information, please contact jcook@ pelham.ca or call 905 892-2607, ext 329.

Repetition

“T

905

Page 14

The Voice of Pelham, March 27 2019

OBITUARY

LAW, Samuel C. J.

LIEBAU, Stan

Passed away suddenly at the Welland Hospital on Thursday, February 21, 2019 at the age of 85. Sam leaves behind his beloved wife of 45 years Kimberley Law (nee Munroe). Lovingly missed by this daughter, Dawn McAninch and her husband James. Cherished grandfather of Samuel James and Kendall Rose. Much loved brother of Phyllis Rittenhouse, Ron Law (Phyllis), Thelma Hopkins and Iris Williams. Missed by his sister-in-law, Terry Orson (George), their son Christian (Jen) and great nephew Miles. Dear brother-inlaw of Dr. Ken Munroe (Ellen), Ken Jr., Janelle (Dave), Patrick and Theresa. Sam will also be missed by his many nieces and nephews and great nieces and nephews. Predeceased by his first wife, Margaret Law (nee Williams, 1972), his siblings Robert Law and Rachel Flintoft, and his parents Robert and Mary Law. The family would like to extend their heartfelt thanks to Dr. R. Nagai and Dr. B. Haynen for their care and compassion while Sam was in their care. The Celebration of Life will take place at Lookout Point Golf Club, 209 Tice Road, Fonthill, on Saturday, March 30th beginning at 12:00 noon. A private interment will take place on a later date at Pleasantview Cemetary, Thorold. As an expression of sympathy, donations may be made to the Renal Dialysis Unit at the Welland Hospital. Online condolences may be shared at www.pedlarfuneralhome.ca

August 14, 1932 March 18, 2019 Passed away peacefully at Rapelje Lodge on Monday, March 18, 2019 in his 87th year. He now joins his beloved wife Winnifred who was laid to rest this past January. Loving father of Wayne (Cheryl), Robert (Adriana), Stuart (Audrey) and Nancy Lockhart (Wayne). Proud grandfather of Dustin (Katharine), David (Rebecca), Janet (Scott), Michelle (Dustin), Alex, Luisa and Amanda; greatgrandfather of eight. Dear brother of Marie Eckstein (Al) of St. Catharines and Paul Liebau (Michelle) of London. Special thanks to the staff of Rapelje Lodge, who provided outstanding care during his final years. Friends and family were received at the PEDLAR FUNERAL HOME, 1292 Pelham Street, Fonthill on Sunday, March 24th. The memorial service took place on Monday, March 25th at Pelham Community Church. In lieu of flowers donations may be made to Open Arms Mission, Pelham Community Church, or Wells of Hope. Online condolences can be shared at www. pedlarfuneralhome.ca

DETAINED continued from Page 9

she had to defecate once more, before they would allow her to go home. When Daniella protested, she says she was told that under the law she could be detained for up to three days. "They kept telling us we were going to die of poison, if we didn't poop out ‘the balloons,’" she said. Daniella told the customs officer she has two children, and she would never think to carry cocaine in her stomach. The customs officer told her "people bring lots of blow back from Jamaica that way." Samantha said she told the customs officer they were racists for the way they viewed Jamaicans. Meanwhile, Samantha was having difficulty going to the washroom. She asked for a stool softener, but the request was declined, with officers saying it would break a balloon. Samantha was lying in her cell handcuffed to a cot without a pillow and trying to sleep. She said custom's officers would come in every ten minutes, and tell

LAND USE

continued from Page 5

bis producers can develop greenhouses without site

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her she wasn't allowed to sleep. "They kept telling us we were going to die. I was balling my eyes out. I didn't care. I told them, 'Would I keep trying to sleep, if I had drugs in me?'" Daniella was released at about 5 AM., and didn't return to her home in Niagara Falls until later that morning. Samantha was detained longer. When she was cleared to leave, she asked the customs officers, "Now what are you going to do for us, now that we're innocent?" "You're free to go," flippantly replied the officer. On her way out, Samantha said she was going to sue them. The pair still can't believe they didn't receive any kind of apology, or empathy after the terrible experience customs put them through. In retrospect, Daniella noted the accusations custom's officials made were "crazy" and horrendous. "They think they can get away with anything." "This just blew me away," said Jeff Taylor. "I can't believe someone born in Canada could be subjected to this." He finds it unfathomable

that anyone could be "randomly picked out" and mistreated. He thinks they were singled out because they were two young, “impressionable girls,” who could be taken advantage of. Taylor plans to file a complaint with customs, and is looking at different options, including possibly taking legal action. He views this incident as "a violation of their human rights," and believes it's worth pursuing. Daniella and Samantha said because the event was so traumatizing, they barely remember the names of the custom's officers involved, as they dealt with about eight different people. Taylor reminded Samantha to keep a file and a paper trail, as different people handled the case. A

response from customs can take up to 39 days, he said, after reading some information online. Currently, Samantha and Daniella don't want to be reminded of the event. "I don't have any memories of my trip. I just remember being handcuffed in jail," said Samantha. Responding to a Voice request last Friday for comment from the Canadian Border Services Agency, spokesperson Jayden Robertson wrote in an email, “We have received your query and will look into it. Please note we will not be in a position to respond today. We will provide a response at our earliest opportunity. Thank you for your cooperation.” No further response was received before press time.

plan approval. The following communities amended their bylaws to control cannabis production by placing restrictions on building setback dis-

tances and distances of lot lines from adjacent property lines: Leamington, on May 28, 2018; Norfolk, on March 27, 2018; Burlington, on June 9, 2014; and Toron-

to, on June 9, 2014. The Town of Pelham can immediately process an amendment to the Site Plan Control Bylaw so that the development of a greenhouse or hoop house will be subject to Site Plan Control to ensure lighting, traffic, landscaping and other planning and design matters can be addressed prior to the issuance of a building permit. Contact Mayor Junkin and your Councillors. Jim Jeffs, DDS Pelham

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www.thevoiceofpelham.ca

The Voice of Pelham, March 27 2019

Page 15

TOWN COUNCIL NEWS COUNCIL

continued from Page 3 service off their meter for those lights,” Marr told council. The arena land was earlier appraised at $2.7 to $3 million dollars. While Councillor Ciolfi said he’s heard those numbers, he has not seen an official offer. “There’s no buyer yet anyways … I haven’t heard of any offer,” he said. “I haven’t seen one on paper.”

Back to cannabis

Pelham resident Bill Heska — an engineer who spoke out against L eviathan Cannabis’ Interim Control Bylaw challenge at the February 19 public meeting — presented to council, pressing them on the creation of bylaws to deal with cannabis producers. Mayor Junkin told him that work is ongoing behind the scenes. “I can assure you that this council has been taking big steps,” the Mayor said. “We will be able to build enforceable bylaws that will be in place by October 15 [when the ICB expires].” Heska fired back, citing inaction by previous council. “The trouble is, things should have happened back in 2014,” he said. “Our concern is now we’re only seven months away from October 15. We’re just trying to raise the priority and get action.” Junkin replied dryly, “Thank you for that 20/20 hindsight.”

Odds and ends

said. The process is highly precise, according to Robertson, with helicopters spraying two applications at an altitude of 50-100 feet. If a neighbour refuses to be included in the project, a property can probably still be sprayed, although less of the BT will land on the trees. The issue of gypsy moth infestation has been severe over the years in Hillcrest Park, the wooded ravine that runs southwest from Haist Street to Pancake Lane. Area resident Frank Feeley was angry about the Town’s perceived inconsistency in spraying the park, telling council that Pelham should be footing the bill for the private property spraying.

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“I think they’ve been delinquent in accepting their responsibilities,” said Feeley, who added he had to remove an infested 75-foot oak tree from his property two years ago. “I want the Town to accept the responsibility that the infestation came right from the park.” Junkin told Feeley he

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Experts are predicting a brutal season in Niagara for gypsy moths, the critters that consume foliage in caterpillar form. A day after hosting an open house for Pelham residents, Paul Robertson of Trees Unlimited presented before council his company’s plans to aerially spray the biological pesticide BT over the municipality. As Robertson explained at the open house, private landowners must notify their neighbours of their inclusion in the program before getting the go-ahead — even though BT is widely accepted as a safe, organic pesticide. Councillor Ciolfi asked Robertson if billing could be replicated the way it was the last time Pelham was sprayed in large volume in 2009 — by adding the cost to the property tax of residents who opt in. “I don’t think that’s a question for me, but I’m in favour of it,” Robertson

could make no promises, and told him to fill out a report and bring it back to council.

Pelham Director of Recreation, Culture and Wellness Vickie vanRavenswaay responded to council’s query from March 11 on whether the provincial grant for Pelham Transit could be paused until 2020, saying that it could. During the March 11 meeting, Councillor Ron Kore had balked at the idea of adding a second bus to the service, something the Town was obligated to do this year under the grant funding arrangement.

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Page 16

VOTE

continued from Page 1 us to vote to sell it, I don’t know what went wrong.” Town Clerk Nancy Bozzato said she will await council’s instruction about what to do next, which step may be very soon—at the next regular council meeting, on April 1.

The Voice of Pelham, March 27 2019 Interim CAO Teresa Quinlin—a proponent of the sale—confirmed to the Voice that last Monday's vote did not actually revoke permission to sell the property. Rather, council voted to endorse a bylaw passed by the previous council, in 2018, to sell. While Monday's vote failed to endorse the pre-

COLUMN SIX

continued from Page 1 And then something unexpected happened during the drive from the service in Niagara Falls to the cemetery in Pelham. Actually it happened all the way along the route. Oncoming drivers, seeing the hearse and the limos and other cars with lights flashing, pulled over and waited until we passed. Some flicked their lights in acknowledgement. One gentleman actually got out and stood by his car. I had forgotten that people do this, and it gladdened my heart to see it. Anyone not aware of the practice duly followed the lead of those who were. From everything I had heard about Aunt Ellie, a woman who spent her life putting others before herself, it was fitting to see her honoured like this on her final journey. It seems, however, that the tradition of paying homage to a passing cortege might itself be dying. A recent article in MacLeans revealed that the practice is now considered dangerous in congested city traf-

viously passed bylaw, it did not repeal it. Extensive comments on the topic from Quinlin, Mayor Junkin, former Mayor Ron Leavens, some councillors, and Voice readers appear in this issue. Between two public information meetings held at the community centre, research, report writing, and a

fic and on busy highways. People are in too much of a hurry and too preoccupied with their own lives to pause for a funeral procession. Many are unaware of the protocol. A veteran funeral director from Winnipeg remarked that he’s had drivers shake their fists at him because they were inconvenienced by the procession. And with GPS now, people can make their own way to the cemetery without having to follow a leader. Find your own road, the ad says. But even with GPS it’s possible to lose our way. Having grown up as part of a generation taught to defer to those who merited our respect because of age or position of authority, I still do it, reflexively. And I don’t mind at all. If nothing else, respecting others keeps a check on our own sense of entitlement. Like the four-way stop, where following protocol and giving way prevents nasty collisions. Deferring to others does something else as well. It helps to define our sense of community, and gives us a feeling of well-being. Quite different from feeling smug

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comprehensive effort to solicit resident opinion, Town Public Relations and Marketing Specialist Marc MacDonald estimates that approximately 100 staff hours and some $3,400 in hard costs have been spent on the sell or don't sell question to date. "We tried to reach the community as best we

or righteous. The opposite, in fact. And so I loved that on the road to Pelham a woman who had lived a hundred years minus a month was accorded a gesture of respect by a long line of complete strangers, who weren’t in too much of a hurry to pull over and acknowledge her passing. I remembered a moment from Tom Stoppard’s play, Jumpers. A slightly absurd professor of philosophy reflects on how life can surprise us with insignificant encounters that we remember forever. When we are ambushed by some quite trivial moment—say the exchange of signals between two long-distance lorry-drivers in the black sleet of a god-awful night on the old A1—then, in that dip-flash, dip-flash of headlights in the rain that seems to affirm some common ground that is not animal and not long-distance lorry-driving. In the end, isn’t this what lends society its adhesive? A spontaneous tip of the hat that gives back nothing except the knowledge that we did it? A funeral more solemn than Aunt Ellie’s occurred in Halifax recently. Seven young children

could in an otherwise tight timeline," said MacDonald, citing the placement of newspaper ads, social media posts, a postcard sent by Canada Post, and website notices. "Whether those aware of the poll chose to participate or not is out of our hands." The Town reported that some 85% of respondents to

burned to death in a house fire that left their father in intensive care with life-threatening burns and their mother on her own. They were a family of Syrian refugees who had lived in Canada for only a short time. And yet the funeral was attended by two thousand people who either hardly knew them or didn’t know them at all. This was something more than a dip-flash of headlights in the black sleet of a godawful night. Many had come from out of province to support the mother and the community who had sponsored her family’s move to Canada. These people put their own lives on hold for one day and gained nothing from it except the knowledge that they were doing it. But the solace of community they gave that wretched mother might yet make all the difference. In the same week, by contrast, Peel Region’s 911 dispatchers received 400 complaint calls from people inconvenienced by a latenight amber alert on the disappearance of 11-year-old Riya Rajkumar. Police found the girl as a direct result of the alert, only the second issued since the system kicked in last April. Social media

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was soon abuzz with complaints about the alarm, along with howls of disgust at the complainers. The girl was found dead, a victim of her own father’s demented rage, but that detail almost got lost in the noise. Someone once said that no one ever died wishing they’d spent more of their time on business, and I’ve yet to hear a eulogy that remembered the deceased for their titles, salary, directorial positions or material possessions. A eulogy like that would only make you wonder where it all got them in the end. We tend to remember people for those they touched during their lives, the joy they imparted, the example they set, and the love they shared. Everything else goes into the slush pile. Which brought to mind another thought as I watched the drivers pull over to the side when they saw Aunt Ellie coming towards them. What are we in a hurry for anyway? Don’t all roads end up in the same place? And isn’t that reason enough to pull over for a moment and reflect? ♦

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its survey favoured selling the property. Even Ward 3, where the arena is located, saw an apparent 18% response rate, with over 7 in 10 residents favouring the sale. A concurrent Voice poll found similar results. Neither poll, however, was scientifically randomized. See Publisher's Corner, page 2, for further discussion.

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