Town of Pelham Regular Council Meeting

BE IT RESOLVED THAT the agenda for the December 6, 2021 Regular meeting of Council be adopted. Amendment : Moved By Councillor Bob Hildebrandt Seconded By Councillor John Wink THAT the agenda be amended to move item 17, Resolution to Move in Camera after item 5, Adoption of Minutes; AND THAT the agenda be amended to move item 10.1, Report from Councillor Hildebrandt re: Utility Sustainability Advisory Committee after item 14.1, Motion re: MCC Parking.

BE IT RESOLVED THAT the agenda for the December 6, 2021 Regular meeting of Council be adopted, as amended.

BE IT RESOLVED THAT Council receive the COVID-19 update presentation from B. Lymburner, Fire Chief and Community Emergency Management Co-Ordinator, for information.

BE IT RESOLVED THAT Council receive the COVID-19 update presentation from D. Cribbs, Chief Administrative Officer, for information.

BE IT RESOLVED THAT Council receive the delegation from Marianne Love, ML Consulting regarding the CAO Performance Review, for information.

BE IT RESOLVED THAT Council receive the delegation from United Way Niagara/ Niagara Community Garden Network regarding Increasing Barrier Free Access to Food Security Through Community Gardens, for information.

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. RC-19/2021 - Regular Council Meeting - November 15, 2021

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: (f) - advice that is subject to solicitor-client privilege, including communications necessary for that purpose (1 item); and (e) - litigation or potential litigation, including matters before administrative tribunals, affecting the municipality, (f) - advice that is subject to solicitor-client privilege, including communications necessary for that purpose and (k) - a position, plan, procedure, criteria or instruction to be applied to any negotiations

BE IT RESOLVED THAT Council adjourn the In Camera Session and that Council do now Rise: With Report.

BE IT RESOLVED THAT the Chief Administrative Officer be and is hereby authorized to undertake the directions provided during the In Camera meeting of December 6, 2021.

BE IT RESOLVED THAT the Consent Agenda items as listed on the December 6, 2021 Council Agenda be received and the recommendations contained therein be approved, save and except items 8.3.1, 8.5.3 and 8.5.2: 8. Consent Agenda Items to be Considered in Block -Consented 8.3. Staff Reports of a Routine Nature for Information or Action 8 .3.1. September 2021 Financial Reports, 2021-0201-Corporate Services BE IT RESOLVED THAT Council receive Report #2021-0201 September 2021 Financial Reports, for information. (lifted) 8.4. Action Correspondence of a Routine Nature 8.4.1. Pelham Finance and Audit Committee -Recommendation Letter BE IT RESOLVED that Council receive the Recommendation Letter from the Pelham Audit and Finance Committee dated November 25, 2021; AND THAT Council, upon recommendation of the Pelham Finance and Audit Committee, receive the 2021 Year End Audit Service Plan for information from Deloitte LLP. 8.5. Information Correspondence Items 8.5.1.16 Days of Activism Against Gender-Based Violence BE IT RESOLVED THAT Council receive correspondence from the Canadian Federation of University Women, Welland and District, regarding 16 Days of Activism Against Gender-Based Violence, for information. 8.5.2. Riepma Consultants re: Hoop Houses BE IT RESOLVED THAT Council receive correspondence dated November 17, 2021 from Riepma Consultants Inc. regarding Hoop Houses, for information. (lifted) 8.5.3. OHIP Eye Care Correspondence (lifted) BE IT RESOLVED THAT Council receive corresp

BE IT RESOLVED THAT Council receive Report # 2021- 0 201 September 2021 Financial Report s , for information.

BE IT RESOLVED THAT Council receive correspondence dated November 17, 2021 from Riepma Consultants Inc. regarding Hoop Houses, for information. Amendment : Moved By Councillor Bob Hildebrandt Seconded By Councillor Lisa Haun THAT the motion be amended to include: AND THAT the material be

BE IT RESOLVED THAT Council receive correspondence dated November 17, 2021 from Riepma Consultants Inc. regarding Hoop Houses for information; AND THAT the material be

BE IT RESOLVED THAT Council receive correspondence from the Town of Oakville, dated June 25, 2021 and Municipality of Leamington, dated October 22, 2021 regarding OHIP Eye Care, for information. Amendment : Moved By Councillor John Wink Seconded By Councillor Marianne Stewart THAT the motion be amended to include: AND THAT the Council for the Corporation of the Town of Pelham endorse and supports the resolution from the Town of Oakville and Municipality of Leamington regarding OHIP Eye Care; AND THAT the Town Clerk is hereby directed to circulate a copy of this resolution to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliot, Minister of Health, MP Dean Allison, MPP Sam Oosterhoff and the Niagara Area Clerks.

BE IT RESOLVED THAT Council receive correspondence from the Town of Oakville, dated June 25, 2021 and Municipality of Leamington, dated October 22, 2021 regarding OHIP Eye Care, for information; AND THAT the Council for the Corporation of the Town of Pelham endorse and supports the resolution from the Town of Oakville and Municipality of Leamington regarding OHIP Eye Care; AND THAT the Town Clerk is hereby directed to circulate a copy of this resolution to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliot, Minister of Health, MP Dean Allison, MPP Sam Oosterhoff and the Niagara Area Clerks.

BE IT RESOLVED THAT Council receive Report # 2020-0192 Detailed Design of Quaker Road Reconstruction between Pelham Street and Line Ave nue, for information ; AND THAT Council APPROVE the award of the engineering assignment to complete the detailed design of Quaker Road between Pelham Street and Line Ave nue to MTE Consultant in the amount of $ 39,550 plus HST; AND THAT Council provide approval for capital project RD 06-22 in the amount of $50,000 to fund the engineering assignment for MTE Consultants in advance of the 2022 Capital Budget approval .

BE IT RESOLVED THAT Co uncil receive s Report # 2021-196 , Recommendation for Zoning-By-Law Amendment Application for 1522 Pelham Street (AM-10-2020) for informa tion ; AND THAT Co uncil directs Planning staff to prepare the Zoning By-law amendment for consideration.

BE IT RESOLVED THAT Council receive Report 2021-0200, Overpass, Underpass or Tunnel Crossing over Steve Bauer Trail, for information; AND THAT Council allow an exception to its motion restricting road crossings over the Steve Bauer Trail by adopting Option #1 detailed in the R eport #2021-0168 which contemplates one at grade road crossing with pedestrian access over the Steve Bauer Trail to connect the proposed Kunda Park Phase 4 subdivision and the proposed Forest Park subdivision ; AND THAT Council direct staff to prepare the By-law to dedicate that area of the Steve Bauer Trail for the proposed crossing as a public road allowance for Council’s consideration . Moved By Councillor John Wink Seconded By Councillor Wayne Olson BE IT RESOLVED THAT Council receive Report 2021-0200 , Overpass, Underpass or Tunnel Crossing over Steve Bauer Trail , for information.

BE IT RESOLVED THAT Council receive Report #2021-0191 – Chief Administrative Officer Performance Review Policy; AND THAT Council approve the Chief Administrative Officer Performance Review Policy No. S600-14; AND THAT Council approve option _________ as the CAO Performance Evaluation Review Form. Amendment : Moved By Councillor Ron Kore Seconded By Councillor Bob Hildebrandt THAT the motion be amended to insert option number 3

THAT the motion be amended to insert AND THAT the CAO performance review occur by year end, annually, except in an election year pursuant to the Town of Pelham Policy S600-14.

BE IT RESOLVED THAT Council receive Report # 2021-0191 – Chief Administrative Officer Performance Review Policy; AND THAT Council approve the Chief Administrative Officer Perfo rmance Review Policy No. S600-14; AND THAT Council approve option 3 as the CAO Performanc e Evaluation Review Form; AND THAT the CAO performance review occur by year end, annually, except in an election year pursuant to the Town of Pelham Policy S600-14.

BE IT RESOLVED 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-laws: 1. By-law 4403(2021) - Being a by-law to amend Zoning By-law 1136 (1987), as amended, for lands located at 588 Chantler Road (south side of Chantler Road, lying east of Cream Street), legally described as Concession 13 and Part of Lot 11 in the Town of Pelham from the Agricultural-25 (A-25) zone and Light Industrial-25 (M1-25) zone to Agricultural-309 (A-309) and Agricultural-310 (A-310) zones. J. and J. Sonneveld. File No. AM-06-2021 2. By-law 4404(2021) - Being a by-law to amend Zoning By-law 1136 (1987), as amended, for lands located within the River Estates Phase 2 subdivision with the site-specific Residential Multiple 1-287 (RM1-287) zone. And for lands located within the Saffron Meadows Phase 1 and 2 subdivisions with the site-specific Residential Multiple 1-268 (RM1-268) zone. Town of Pelham. File No. AM-05-2021 3. By-law 4405(2021) - Being a by-law to exempt Blocks 39, 40, 41, 42 on Plan 59M-471, municipally known as 401, 405, 409 KLAGER Avenue & 78, 80, 84, 86, 88, 96, 98, 100 Summersides Boulevard & 160, 161 Susan Drive, from part lot control. River Estates Phase 2 Subdivision (River Realty Development (1976) Inc.) File No. PLC 05-2021

WHEREAS the Town of Pelham is committed to building strong communities and cultural assets; AND WHEREAS the Council for the Town of Pelham values the Meridian Community Centre (the “MCC”) and the services it offers the residents; AND WHEREAS the Council for the Town of Pelham is aware of a parking shortage at the MCC, which at times may cause hardships for patrons; AND WHEREAS the Council for the Town of Pelham acknowledges the Town of Pelham has undertaken a parking study with respect to reviewing the parking needs of the Town; NOWTHEREFORE BE IT RESOLVED THAT the Town of Pelham Council direct staff to research potential temporary parking solutions for the MCC, including potentially using Town owned lands adjacent to the MCC, for temporary parking; AND THAT Council direct staff to research and explore parking enforcement options to ensure patrons of the MCC are using the provided parking, and that options presented to Council shall include potentially amending the Town’s Parking By-Law; AND THAT Council direct staff to report back by February 7, 2022.

BE IT RESOLVED THAT Council receive the presentation from Councillor Hildebrandt with respect to the Utility Sustainability Advisory Committee.

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4406(2021) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 06th day of December, 2021.

BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for December 20, 2021 at 5:30 pm.

BE IT RESOLVED THAT the agenda for the December 6, 2021 Regular meeting of Council be adopted. Amendment: Moved By Councillor Bob Hildebrandt Seconded By Councillor John Wink THAT the agenda be amended to move item 17, Resolution to Move in Camera after item 5, Adoption of Minutes; AND THAT the agenda be amended to move item 10.1, Report from Councillor Hildebrandt re: Utility Sustainability Advisory Committee after item 14.1, Motion re: MCC Parking. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT Council receive the COVID-19 update presentation from B. Lymburner, Fire Chief and Community Emergency Management Co-Ordinator, for information. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT Council receive the COVID-19 update presentation from D. Cribbs, Chief Administrative Officer, for information. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT Council receive the delegation from Marianne Love, ML Consulting regarding the CAO Performance Review, for information. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT Council receive the delegation from United Way Niagara/ Niagara Community Garden Network regarding Increasing Barrier Free Access to Food Security Through Community Gardens, for information. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. RC-19/2021 - Regular Council Meeting - November 15, 2021 For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT Council adjourn the In Camera Session and that Council do now Rise: With Report. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT the Chief Administrative Officer be and is hereby authorized to undertake the directions provided during the In Camera meeting of December 6, 2021. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT Council receive Report #2021-0201 September 2021 Financial Reports, for information. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT Council receive correspondence from the Town of Oakville, dated June 25, 2021 and Municipality of Leamington, dated October 22, 2021 regarding OHIP Eye Care, for information. Amendment: Moved By Councillor John Wink Seconded By Councillor Marianne Stewart THAT the motion be amended to include: AND THAT the Council for the Corporation of the Town of Pelham endorse and supports the resolution from the Town of Oakville and Municipality of Leamington regarding OHIP Eye Care; AND THAT the Town Clerk is hereby directed to circulate a copy of this resolution to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliot, Minister of Health, MP Dean Allison, MPP Sam Oosterhoff and the Niagara Area Clerks. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT Council receive Report #2020-0192 Detailed Design of Quaker Road Reconstruction between Pelham Street and Line Avenue, for information; AND THAT Council APPROVE the award of the engineering assignment to complete the detailed design of Quaker Road between Pelham Street and Line Avenue to MTE Consultant in the amount of $39,550 plus HST; AND THAT Council provide approval for capital project RD 06- 22 in the amount of $50,000 to fund the engineering assignment for MTE Consultants in advance of the 2022 Capital Budget approval. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT Council receives Report #2021-196, Recommendation for Zoning-By-Law Amendment Application for 1522 Pelham Street (AM-10-2020) for information; AND THAT Council directs Planning staff to prepare the Zoning By-law amendment for consideration. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT Council receive Report 2021-0200, Overpass, Underpass or Tunnel Crossing over Steve Bauer Trail, for information. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

AND THAT Council allow an exception to its motion restricting road crossings over the Steve Bauer Trail by adopting Option #1 detailed in the Report #2021-0168 which contemplates one at grade road crossing with pedestrian access over the Steve Bauer Trail to connect the proposed Kunda Park Phase 4 subdivision and the proposed Forest Park subdivision; AND THAT Council direct staff to prepare the By-law to dedicate that area of the Steve Bauer Trail for the proposed crossing as a public road allowance for Council’s consideration. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 1 6

BE IT RESOLVED THAT Council receive Report #2021-0198 Options and Implications for Reducing Hours of Car Wash Operation, for information; AND THAT Council direct staff to take no further action in relation to reducing the hours of operation of commercial car washes or other noise-generating businesses in the Town of Pelham. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT Council receive the presentation from Councillor Hildebrandt with respect to the Utility Sustainability Advisory Committee. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4406(2021) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 06th day of December, 2021. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0

BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for December 20, 2021 at 5:30 pm. For Against Mayor Marvin Junkin X Councillor Lisa Haun X Councillor Bob Hildebrandt X Councillor Ron Kore X Councillor Wayne Olson X Councillor Marianne X Stewart Councillor John Wink X Results 7 0