Town of Pelham Regular Council Meeting

THAT the agenda be amended to:  Add the closed-session addendum, being item 2.1.7. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT the agenda for the January 30, 2023 Regular meeting of Council be adopted, as amended. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council receive the delegation from Christian Wulff, Chief Executive Officer of the YMCA of Niagara, for information; AND THAT Council refer the YMCA Niagara financial request or contribution options (5 year agreement) to staff to review and report back to Council by April 2023. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1.RC-01/2023 - January 9, 2023 - Regular Council For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT the Consent Agenda items as listed on the January 30, 2023 Council Agenda be received and the recommendations contained therein be approved, save and except 8.3.1: 8. Consent Agenda Items to be Considered in Block 8.3 Staff Reports of a Routine Nature for Information or Action 8.3.1 Integrity Commissioner Fee Update Report, 2023-0026- Clerks BE IT RESOLVED THAT Council receive Report #2023-0026 Integrity Commissioner Fee Update Report, for information.(lifted) 8.3.2 Crossing Guard Warrant Study on Pancake Lane at Cherry Ave, 2023-0029-Public Works BE IT RESOLVED THAT Council receive Report #2023-0029 Crossing Guard Warrant Study on Pancake Lane at Cherry Avenue, for information. 8.3.3 Fire by-law department COW report Q4 Oct Nov Dec 2022, 2023-0028-Fire Dept BE IT RESOLVED THAT the Q4/2022 Fire and By-law Enforcement Department Report #2023-0028 be received for information. 8.3.4 Planning and Development - 2022 Quarter 4 -COW Report, 2023-0020-Planning BE IT RESOLVED THAT the Q4/2022 Community Planning and Development Department Report 2023-0020 be received for information. 8.3.5 Public Works Department Q4 Report for the period (October 2022 - December 2022), 2023-0031-Public Works BE IT RESOLVED THAT the Q4/2022 Public Works Department Report be received for information. 8.3.6 Clerk's Q4 2022 COW Report, 2023-0018-Clerks BE IT RESOLVED THAT the Q4/2022 Clerk’s Report be received for information. 8.3.7 RCW - Q4 COW Report 2022 , 2023-0032-Recreation BE IT

THAT the motion be amended to include: AND THAT staff be directed to investigate a "Code of Conduct Informal Complaint Protocol" and to report back to Council by June 2023. For (3): Mayor Marvin Junkin, Councillor Wayne Olson, and Councillor Shellee Niznik Against (4): Councillor Bob Hildebrandt, Councillor John Wink, Councillor Kevin Ker, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council receive Report #2023-0026 Integrity Commissioner Fee Update Report, for information. For (6): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt Against (1): Councillor Wayne Olson

BE IT RESOLVED THAT Council receive Report #2023-0016 – Proposed 2023 Council Meeting Schedule; AND THAT the 2023 Council Meeting as provided in Appendix A to this report be approved; AND THAT staff be directed to publish the 2023 Council Meeting schedule to the Town of Pelham website. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council receive Report #2023-30 – Recommendation Report – Applications for Official Plan and Zoning By-Law Amendment for 125 Port Robinson Road, for information as it pertains to File Nos. OP-AM-03-22 & AM-03-2022; AND THAT Council direct Planning staff to prepare the by-laws for approval of the Official Plan and Zoning By-law Amendments for Council’s consideration at the next Regular Meeting of Council. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council receive Report #2023-0004, Assumption of Ryan’s Grove Subdivision (formerly known as Homestead Extension #2), for information; AND THAT Council assumes the municipal services in Ryan’s Grove (formerly known as Homestead Extension #2) Subdivision and open the street within the subdivision as ‘public highway’ by by-law in accordance with the subdivision Agreement. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council receive Report # 2023- 0033-Corporate Services – Final 2023 Capital Budget, for information; AND THAT Council approve the final changes to the 2023 Draft Capital Budget as presented within this report, being: (1)The Ontario Community Infrastructure Fund (OCIF) grant allocation for 2023 has been reduced by $147,676 from 2022. Therefore, the capital project RD 09-23 will be funded $836,829 from OCIF grant and $147,676 from the Roads Reserve. (2)FAC 05-23 Library design: will be reduced from $300,000 to $200,000 as per the estimates from Petroff Partnership Architects. This includes a 25% contingency as recommended by the Director of Public Works. (3)PRK 06-23 Shade Sails will be reduced from $50,000 to zero since the Rotary Club is able to fund this through a grant it received for the arches. (4)RD 20-23 Wellington Height pedestrian crossing: Increase from $30,000 to $50,000 as requested by Council. (5)PRK 05-23 Civic Square: will be reduced from $100,000 to zero and no costs in the next 4 years forecasted capital budgets as directed by Committee. (6)$1,000 donation to Niagara Division Canadian Railroad Historical Association for a sign is approved by Council and it will be part of the Operating Budget. Moved By Councillor John Wink Seconded By Councillor Shellee Niznik BE IT RESOLVED THAT Council receive Report # 2023-0033-Corporate Services – Final 2023 Capital Budget, for information. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Counc

AND THAT Council approve the final changes to the 2023 Draft Capital Budget as presented within this report, being: (1)The Ontario Community Infrastructure Fund (OCIF) grant allocation for 2023 has been reduced by $147,676 from 2022. Therefore, the capital project RD 09-23 will be funded $836,829 from OCIF grant and $147,676 from the Roads Reserve. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

AND THAT Council approve the final changes to the 2023 Draft Capital Budget as presented within this report, being: (2)FAC 05-23 Library design: will be reduced from $300,000 to $200,000 as per the estimates from Petroff Partnership Architects. This includes a 25% contingency as recommended by the Director of Public Works. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

THAT the motion be amended by:  Striking paragraph 1 of the motion;  And include, "and that Council direct staff to red circle this project until a warrant study can be completed to determine community need" For (3): Mayor Marvin Junkin, Councillor Wayne Olson, and Councillor Brian Eckhardt Against (4): Councillor Bob Hildebrandt, Councillor John Wink, Councillor Kevin Ker, and Councillor Shellee Niznik

AND THAT Council approve the final changes to the 2023 Draft Capital Budget as presented within this report, being: (4)RD 20-23 Wellington Height pedestrian crossing: Increase from $30,000 to $50,000 as requested by Council. For (5): Councillor Bob Hildebrandt, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt Against (2): Mayor Marvin Junkin, and Councillor Wayne Olson

THAT the motion be amended to:  Amend $100,000 to $20,000. For (3): Mayor Marvin Junkin, Councillor Wayne Olson, and Councillor Shellee Niznik Against (4): Councillor Bob Hildebrandt, Councillor John Wink, Councillor Kevin Ker, and Councillor Brian Eckhardt

THAT the motion be amended to:  Remove the paragraph "and no costs in the next 4 years forecasted capital budgets as directed by Committee" For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

AND THAT Council approve the final changes to the 2023 Draft Capital Budget as presented within this report, being: (5)PRK 05-23 Civic Square: will be reduced from $100,000 to zero. For (5): Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, and Councillor Brian Eckhardt Against (2): Mayor Marvin Junkin, and Councillor Shellee Niznik

AND THAT Council approve the final changes to the 2023 Draft Capital Budget as presented within this report, being: (6)$1,000 donation to Niagara Division Canadian Railroad Historical Association for a sign is approved by Council and it will be part of the Operating Budget. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT the Council of the Town of Pelham, having given due consideration to the following By-law do now read a third and final time; AND THAT the Mayor and Clerk be and are hereby authorized to sign and seal the by-law: 1. By-Law 0507(2022) - Being a By-law to govern the proceedings of the Town of Pelham Council, its Committees, the conduct of its Members and the calling of Meetings and to repeal and replace By-Law No. 4107(2019), as amended. (third and final reading) AND THAT the Council of the Town of Pelham, having given due consideration to the following By-laws do now read a first, second and third time and do pass same, AND THAT the Mayor and Clerk be and are hereby authorized to sign and seal the by-law: 2. By-law 06-2023 - Being a By-law to assume the subdivision known as Ryan’s Grove (formerly known as Homesteads Extension #2) and to designate the streets as shown on Registered Plan 59R-15100 (Ryan’s Grove) as public highway and to name the street accordingly. 3. By-law 07-2023 - Being a By-law to amend Zoning By-law 1136(1987), as amended, for lands located at 1114 Haist Street, legally described as Part of Lot 3, Concession 9, Town of Pelham, Regional Municipality of Niagara, amending the regulations of the site-specific Residential Two – 284 zone. File No. AM-08-2022 4. By-law 08-2023 - Being a By-law to amend Zoning By-law 1136(1987), as amended, for lands located at 15 Highway 20 East, legally described as Part of Lots 3, 4, 5 & 6 North Side of East

BE IT RESOLVED THAT the next portion of the meeting be closed to the public in order to consider a matter under Section 239 (2) of the Municipal Act, as follows: (b) - personal matters about an identifiable individual, including municipal employees and (d) - labour relations or employee negotiations - 2 items (Consideration of Appointments to Advisory Committees and External Boards) For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council adjourn the In Camera Session and that Council do now Rise: With Report. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT the Chief Administrative Officer be and is hereby authorized to undertake the directions provided during the In Camera meeting of January 30, 2023. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council appoint the following individuals to the Agricultural Advisory Committee: 1. Dan DeVries 2. John Langendoen 3. Joyce Sonneveld 4. Louis Damm 5. Sherry Rusin 6. Sandra Frayne 7. Doug Wilson 8. Council Representative: Kevin Ker AND THAT Council direct the Town Clerk to prepare and present the necessary appointment by-law at the following Regular Meeting of Council. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council appoint the following individual(s) Livestock Valuer(s) and Poundkeeper(s) 1. Mike Tucker 2. Mayor Marvin Junkin AND THAT Council direct the Town Clerk to prepare and present the necessary appointment by-law at the following Regular Meeting of Council. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council appoint the following individuals to the Pelham Finance and Audit Advisory Committee: 1. Bill Crumm 2. Caroline Mann 3. Michael Cottenden 4. Council Representative: Brian Eckhardt 5. Council Representative: Wayne Olson 6. Council Representative: John Wink AND THAT Council direct the Town Clerk to prepare and present the necessary appointment by-law at the following Regular Meeting of Council. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council appoint the following individuals to the Pelham Seniors Advisory Committee: 1. Alan Brown 2. Anthony Ferrara 3. Bill McInerney 4. Lynn Reynolds 5. Patrick O’Hara 6. Randy Gananathan 7. Council Representative: Shellee Niznik AND THAT Council direct the Town Clerk to prepare and present the necessary appointment by-law at the following Regular Meeting of Council. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council appoint the following Member of Council to the Niagara Central Dorothy Rungeling Airport Commission: 1. Councillor Kevin Ker For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 11-2023 to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 30th day of January, 2023. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for February 6, 2023 at 5:30 pm. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt