Town of Pelham Regular Council Meeting

BE IT RESOLVED THAT the agenda for the December 5, 2022 Regular meeting of Council be adopted, as circulated. 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 2022 Town of Pelham Holiday Card presentation from Ryan Cook. 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-19-2022 - November 7, 2022 - Regular Council 2. RC-20-2022 - November 21, 2022 - Inaugural Meeting - Regular Council 3. SC-09-2022 - November 23, 2022 - Special Meeting of Council 4. SC-10-2022 - November 25, 2022 - Special Meeting of Council 5. SC-11-2022 - November 26, 2022 - Special 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 the Consent Agenda items as listed on the December 5, 2022 Council Agenda be received and the recommendations contained therein be approved, save and except items 8.4.1 and 8.4.2: 8. Consent Agenda Items to be Considered in Block 8.3 Staff Reports of a Routine Nature for Information or Action 8.3.1 Lame Duck Accounting , 2022-0270-Clerks BE IT RESOLVED THAT Council receive Report #2022-0270- Clerks Lame Duck Accounting for information. 8.3.2 HR Policy Updates, 2022-0256-Chief Administrator Officer BE IT RESOLVED THAT Council receive Report #2022-0256 Human Resources Policy Updates, for information; AND THAT Council repeal the Respectful Workplace Policy S101-03; AND THAT Council approve the Workplace Violence, Harassment, and Discrimination Policy S101-16 and the Employee Code of Conduct Policy S600-03, as amended. 8.3.3 Tangible Capital Asset Policy Revised, 2022-0207- Corporate Services BE IT RESOLVED THAT Council receive Report # 2022-0207- Corporate Services Tangible Capital Asset Policy Update, for information; AND THAT Council approve revised Policy # S400-10 Tangible Capital Asset immediately. 8.3.4 Town Hall Building Addition December Update, 2022- 0271-Public Works BE IT RESOLVED THAT Council receive Report #2022-0271- Public Works – Town Hall Building Addition December Update, for information. 8.3.5 Update on the Sulphur Springs Drive Emergency Road Rehabilitation Project, 2022-0276-Public Works BE IT RESOLVED THAT Council receive Report #2022-02

THAT the motion be amended to insert Councillor Olson in the second paragraph of the motion. 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 Call for Nominations: 2023-2027 Rural Ontario Municipal Association (“ROMA”) Board of Directors; AND THAT Council for the Town of Pelham hereby support Councillor Olson nomination to serve on the ROMA Board of Directors. 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 correspondence from the Niagara Region CLK-C 2022- 144 Appointments to Niagara Transit Commission Board; AND FURTHER BE IT RESOLVED that Council recommend Councillor Olson to continue representing the Town of Pelham on the Niagara Transit Commission Board. 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 to insert No. 3 (2 years) in the second paragraph of the motion. For (6): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, and Councillor Brian Eckhardt Against (1): Councillor Shellee Niznik

BE IT RESOLVED THAT Council receive Report #2022-0274 Town of Pelham Selection Process for Deputy Mayor, for information; AND THAT Council direct staff to proceed with option 3 (2 years) to select a Deputy Mayor for the Town of Pelham. AND THAT Council direct the Clerk to bring the matter of Deputy Mayor selection to the next regular meeting of Council, being December 19th, 2022. For (6): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, and Councillor Brian Eckhardt Against (1): Councillor Shellee Niznik

BE IT RESOLVED THAT Council receive Report #2022-0273 – Clerks - Proposed January 2023 Council Meeting Schedule; AND THAT the appended January 2023 Council Meeting Schedule be approved; AND THAT the Clerk be directed to present the full 2023 Council Meeting Schedule following disposition of the proposed Procedural By-law. 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 to include:  AND THAT Council direct staff to draft and present terms of reference for an Agricultural Advisory Committee for Council consideration. 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 to include:  AND THAT Council direct staff to establish a Utility Sustainability Working Group 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 #2022-0277 Clerks – 2022-2026 Committee Recommendation Report, for information; AND THAT Council for the Town of Pelham confirm and establish the following Committees:  Statutory Committees, being: 1. Committee of Adjustment; 2. Joint Accessibility Advisory Committee (JAAC); 3. Lincoln Pelham Library Union Board; and 4. Livestock Valuer and Poundkeeper.  Advisory Committees, being: 1. Pelham Finance and Audit Committee; 2. Pelham Seniors Advisory Committee; 3. Pelham Active Transportation Committee; and 4. AND THAT Council direct staff to draft and present terms of reference for an Agricultural Advisory Committee for Council consideration. 5. AND THAT Council direct staff to establish a Utility Sustainability Working Group 6. Pelham Culture Advisory Committee (formerly known as the Pelham Art Committee). AND THAT Council shall appoint a Member of Council to each Advisory Committee for a two (2) year period; AND THAT Council direct the Clerk to bring the matter of Council appointments back to Council in January 2025 to appoint a Member of Council to each Advisory Committee for a subsequent two (2) year period; AND THAT Council direct staff to create and establish Working Groups, as the lead director and Chief Administrative Officer deem appropriate; AND THAT Council direct staff to seek applications from interested citizens for the Committees referenced above for appointment in January, 2023, with applications considered in closed s

THAT Council direct staff to strike “Tuesday” and insert “Wednesday” as the date for regular meetings of Council; AND THAT Council direct staff to strike “5:30pm” as a meeting time for regular meetings of Council and insert “9:00am”. 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 Council direct staff to strike “9:30pm” and insert “1:00pm", being a 4 hours meeting curfew with a provision stipulating the meeting cannot be extended past 30 minutes, being 1:30pm. 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 Council amend the Council release day for Council Agendas to insert the following: Thursday by 4:30pm prior to the meeting for Council release and Friday prior to the meeting at 1:00pm for public release. For (6): Mayor Marvin Junkin, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt Against (1): Councillor Bob Hildebrandt

THAT Council direct staff to strike the “maximum of 10 minutes” time limit for each delegate and insert “maximum of 5 minute” time limit for each delegate. 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 Council direct staff to investigate electronic voting via eSCRIBE; AND THAT Council direct staff to report back to Council in Q2 of 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 receive Report #2022-0275 – Clerks – 2022 Procedural By-Law Update, for information; AND THAT Council approve, in principle, the updated procedural by-law as amended; AND THAT Council direct the proposed by-law, as amended, be presented to Council for First and Second Reading at their next regular meeting; AND THAT the Clerk be directed to provide notice in accordance with the Town’s Notice Policy prior to presentation of the By-law for Third Reading and Adoption. 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 Rules of Procedure as contained in the Town of Pelham Procedural By-law, be suspended; AND THAT the specified meeting curfew time of 9:00 p.m. be and is hereby waived; AND THAT the remainder of the business listed on the agenda for this meeting continue to be considered until all matter have been concluded, or until a set time of 9:30 p.m., whichever occurs first. 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 direct staff to report back to Council by end of January 2023 with respect to Integrity Commissioner filing fees. 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 # 2022-0281-Corporate Services – New Fonthill Library Costing Update; AND THAT Council receive the updated costing information for the proposed new library; AND THAT Council defer the new library project until potential Provincial funding options (if any) are explored; AND THAT Council direct staff report back with updated estimates on renovating the existing Fonthill library. 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 #2022-278 – Execution of Subdivision Agreement for Park Place South (File No. 26T-02-2020), for information; AND THAT Council direct staff to prepare the By-law to authorize execution of the Subdivision Agreement for final approval of the Park Place South Subdivision. 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. 4453(2022) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 05th day of December, 2022. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt