Town of Pelham Regular Council Meeting

BE IT RESOLVED THAT the agenda for the May 16, 2022 Regular meeting of Council be adopted, as circulated. Amendment: Moved By Councillor Wayne Olson Seconded By Councillor Bob Hildebrandt THAT the agenda be amended to:  Add the addendum, being item number 4.2.3.1 - Big Creek Drain System Presentation Materials from Consultant; and  Move items 10.2.1 - Special Event Permit Application, 10.2.2 - Big Creek Municipal Drain System Assessment Schedules Update Engineer's Report and 10.2.3 - Recommendation for Draft Plan of Subdivision, Official Plan and Zoning By-law Amendments Summersides Village, to be heard after item 4.2 - Delegations For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive the COVID-19 update presentation from B. Lymburner, Fire Chief and Community Emergency Management Co- Ordinator and D. Cribbs, Chief Administrative Officer, for information. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive the presentation from Sarah Premi of Sullivan Mahoney LLP and Jennifer Vida of Hummel Properties with respect to Summersides Village, for information. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive the presentation from Katie Dyson and Olivia Settle, Event Organizers for The Fenwick Market with respect to event approval and Itinerant Sellers By- law exemption, for information. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive the presentation from Mr. Neal Morris the Town's Big Creek Drain System Consultant, for information. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receives Report # 2022-119 – Recommendation for Draft Plan of Subdivision, Offical Pland and Zoning By-Law Amendments – Summersides Village for information as it pertains to File Nos. 26T19-02-2021, OP-AM- 02-2021 & AM-07-2021; AND THAT Council directs Planning staff to prepare the by-law for approval of the Official Plan amendment for Council’s consideration; AND THAT Council directs Planning staff to prepare the by-law for approval of the Zoning By-law amendment for Council’s consideration; AND THAT Council approves the Draft Plan of Subdivision, attached as Appendix A, subject to the conditions in Appendix B. For (4): Mayor Marvin Junkin, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink Against (3): Councillor Lisa Haun, Councillor Bob Hildebrandt, and Councillor Ron Kore

BE IT RESOLVED THAT Council receive Report #2022-0123 – Special Event Permit Application – The Fenwick Market, for information; AND THAT Council authorize and direct the Town Clerk to issue a Special Event Permit for the Fenwick Market event running from June 25th to June 26th, 2022, subject to the approval of the Town Clerk, Director of Public Works, Director of Community Planning and Development, Fire Chief, and any other applicable agency, upon receipt of satisfactory drawings, plans, permits, or other such documents as requested; AND THAT the Special Event Permit include any such conditions of approval as requested by the said approval departments and or agencies; AND THAT Council waive all licensing and fee requirements pursuant to By-Law No. 3186(2011) for craft vendors only in lieu of a $150.00 Fire Inspection Fee, payable to the Town of Pelham prior to the issuance of the permit. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive Report #2022-0116 – Big Creek Municipal Drain System Assessment Schedule Update Engineer’s Report, for information; AND THAT Council direct staff to prepare the necessary by-law for provisional approval of the Engineer’s Report and to present it at the next Council meeting for two readings; AND THAT Council appoint 3 members from Council to sit on the Court of Revision being _______________, ______________ and _______________; AND THAT Council direct Town staff to contact staff at the City of Welland and Township of West Lincoln to appoint one member each to the Court of Revision; AND THAT Council direct Town staff to schedule the Court of Revision in accordance with the Drainage Act requirements. Amendment: Moved By Councillor Ron Kore Seconded By Councillor John Wink THAT the motion be amended to include “Mayor Junkin, Councillor Olson and Councillor Hildebrandt” within the third paragraph. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. RC-09/2022 - Regular Council - May 3, 2022 For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT the Consent Agenda items as listed on the May 16, 2022 Council Agenda be received and the recommendations contained therein be approved, save and except item 8.5.2: 8.3. Staff Reports of a Routine Nature for Information or Action 8.3.1. Release Municipal Interest In Lands - Parts 2, 5, 7 and 13 on 59R-4029, 2022-0117-Clerks BE IT RESOLVED THAT Council receive Report #2022-0117- Clerks - Release Municipal Interest In Lands Part of the Original Road Allowance between Lots 9 and 10, Concession 1, designated as Parts 2, 5, 7 and 13 on 59R-4029, for information; AND THAT Council authorize and direct the Clerk and Mayor to execute the Consent to release interest in land legally described as Part of the Original Road Allowance between Lots 9 and 10, Concession 1, designated as Parts 2, 5, 7 and 13 on 59R-4029, and any other necessary documents to enact and facilitate same. 8.3.2. 2022 Winter Operations Report, 2022-0122-Public Works BE IT RESOLVED THAT Council receive Report #2022-0122 2022 Winter Operations Report, for information. 8.5. Information Correspondence Items 8.5.1. Mountainview Building Group Comments re: Summersides Village Plan of Subdivision BE IT RESOLVED THAT Council receive correspondence from Mountainview Building Group dated April 21, 2022 regarding the Summersides Village Plan of Subdivision, for information. 8.5.2. Leigh Whyte, PLW Consulting Comments re: 1 Pancake Lane Zoning By-law Amendment BE IT RESOLVED THAT Council receive corresponden

BE IT RESOLVED THAT Council receive correspondence from Leigh Whyte, PLW Consulting Comments regarding the 1 Pancake Lane Zoning By-law Amendment, for information. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive Report # 2021- 0120 – Recommendation Report for Application AM-01-2022 – 952 Foss Road Zoning By- Law Amendment, for information; AND THAT Council direct Planning staff to prepare the By-law for approval of the Zoning By-law amendment application AM-01-2022 to amend the zoning from A-51 (Agricultural-51) to site-specific Agricultural (Agricultural-exception) and A (Agricultural) for Council’s consideration. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receives Report #2022-121 – Recommendation for Zoning By-Law Amendment Application – 690 Quaker Road, for information as it pertains to File No. AM-11-2021; AND THAT Council direct Planning staff to prepare the by- law for approval of the Zoning By-law Amendment for Council’s consideration. Amendment: Moved By Councillor Bob Hildebrandt Seconded By Councillor Lisa Haun THAT the motion be amended to include: AND THAT Council direct staff to require a 1.5m planting strip, being coniferous trees, not less than a 7 feet in height, adjacent to the north property line and the reduction to the planting strip only permitted on the west property line to continue to permit the neighboring garage to encroach. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council receive Report #2022-0118 Challenges in Fleet Procurement and Supply Disruption, for information; AND THAT Council APPROVE the budget increase of $20,560 to the capital project VEH 07-22 Baseball Diamond Grooming Tractor; AND THAT Council direct the $20,560 additional expenditure for project VEH 07-22 to be funded from the Fleet Capital Reserves; AND THAT Council hereby waive the requirements of the Town’s Purchasing Policy S402-00 and direct staff to proceed with a non-competitive acquisition pursuant to Section 25 “Acquisition Where There Are Special Circumstances” of the Purchasing Policy; AND THAT Council direct staff to obtain three quotes for the purchase of VEH-01-22 Electric Vehicle; AND THAT Council authorize and direct staff to proceed with the quote staff deems reasonable and economical; AND THAT Council commit, in principle, to the next two years (2023 & 2024) of the twenty year Fleet Capital Budget so that staff may tender critical fleet purchases in 2022 for delivery in 2023 and 2024. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT the Council of the Town of Pelham, having given due consideration to the following By-law 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: 1. By-Law No. 4452(2022) - Being a by-law to appoint Hannah Nicholls (Officer #120) as By-law Enforcement Officer, Property Standards Officer and Provincial Offences Officer for the Corporation of the Town of Pelham. 2. By-Law No. 4453(2022) - Being a By-law to repeal and replace By-law 4237(2020) being a by-law to regulate the keeping and maintenance of property within the Town of Pelham, known as the Clean Yards By-law. 3. By-Law No. 4454(2022) - Being a By-law to regulate and control noise in the Town of Pelham and to repeal By-law No. 3130(2010) as amended by By-law No. 3324 (2012) and By- law No. 3808(2016) 4. By-Law No. 4455(2022) - Being a by-law to Delegate Authority to the Chief Administrative Officer for Certain Acts During a “Lame Duck” Period 5. By-law 4456(2022) - Being a by-law to amend Zoning By-law 1136 (1987), as amended, for lands located on the north side of Pancake Lane, west of Pelham Street, legally described as Part of Lot 1, Concession 8, township of Pelham and Part 1 on RP 59R-15899 in the Town of Pelham. The Zoning By-law Amendment rezones the lands from the Institutional (I) zone to the following site-specific zone: Residential Multiple 2 – 316 (RM2-316). Top End Construction Inc. File No. AM-07-

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: (c) - proposed or pending disposition of land by the municipality - ( 1 item - File L07-2019-02-S - Property Located in Ward 1) For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council adjourn the In Camera Session and that Council do now Rise: With Report For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT Council direct the Town Clerk to prepare and present a property-specific Surplus Land By-Law for Council’s consideration with respect Town owned lands between Webber Road and Chantler Road being Part of Lot 14, Concession 13 in the Town of Pelham, designated as Parts 8- 15, 17-20 on Plan 59R-9940 (the “subject lands”); AND THAT Council direct staff to provide notice the subject lands are to be declared surplus by advertising on the Town’s website; AND THAT Council direct the Town Clerk to prepare and present for Council’s consideration a By-Law Authorizing the Sale of the subject lands for a sale price of $230,000. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4458(2022) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 16 day of May, 2022. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink

BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for June 7, 2022 at 5:30 pm. For (7): Mayor Marvin Junkin, Councillor Lisa Haun, Councillor Bob Hildebrandt, Councillor Ron Kore, Councillor Wayne Olson, Councillor Marianne Stewart, and Councillor John Wink