The Pelham Record

Town of Pelham Regular Council Meeting

December 4, 2024

Who was there

Present (7): Brian Eckhardt, Bob Hildebrandt, Marvin Junkin, Kevin Ker, Shellee Niznik, Wayne Olson, John Wink

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (30 motions)

27 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

BE IT RESOLVED THAT the agenda for the December 4, 2024 Regular meeting of Council be adopted, as circulated.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT Council receive the Parks and Recreation User Fee Study and presentation by Watson and Associates Economists Ltd.
Moved by Councillor John Wink, seconded by Councillor Shellee Niznik
Carried
THAT the Clerk’s Fee Schedule be amended to increase the Affidavit/Commissioner fees from $15.00 to $20.00; AND THAT a non-resident fee of $30.00 be added to the Affidavit/Commissioner schedule; AND THAT the Clerk’s Fee Schedule be amended to increase the Burial Permits/Death Registrations fee from $10.00 to $20.00; AND THAT the Clerk’s Fee Schedule be amended to increase the retrieval of records fee to $20.00.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Kevin Ker
Carried
THAT the Recreation, Culture and Wellness Schedule be amended to increase the prime-time adult arena rental fee by 5%.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Brian Eckhardt
Defeated
THAT the Recreation, Culture and Wellness Schedule be amended to create and increase the non-resident, prime- time adult summer arena rental fee by 5%.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Kevin Ker
Defeated
THAT the Recreation, Culture and Wellness Schedule be amended to increase the Event Electrical System, including ESA Inspection fee from $1150.00 to $1200.00.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Brian Eckhardt
Carried
THAT the Recreation, Culture and Wellness Schedule be amended to increase the baseball diamond lighting (per hour) to $32.00; AND THAT the soccer field lighting remain at $32.00 per hour.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT Council receive Report #2025-0275 – 2025 User Fees and Charges Report, for information; AND THAT Council approve the 2025 User Fees and Charges, as amended; AND THAT Council direct staff to prepare and present the 2025 User Fees and Charges By-law for consideration at the next regular meeting of Council.
Moved by Councillor Brian Eckhardt, seconded by Councillor Kevin Ker
Carried
BE IT RESOLVED THAT Council receive the 2024 Summerfest final report and presentation from Bea Clark, Chair of the Summerfest Working Group, for information.
Moved by Councillor John Wink, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT Council receive the delegation from Stephen Kaiser of Kaiser & Associates Inc. regarding the proposed Development Charges By- Law, for information.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Shellee Niznik
Carried
BE IT RESOLVED THAT Council receive the delegation from Chuck McShane of Niagara Home Builders Association regarding the proposed Development Charges By-Law, for information.
Moved by Councillor Wayne Olson, seconded by Councillor Kevin Ker
Carried
BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-19/2024 Regular Council Meeting - November 20, 2024
Moved by Councillor Shellee Niznik, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT Council receive Report 2024-0283-Fonthill Branch Library Renovation, for information; AND THAT Council approve the Town’s contribution of $934,394 for funding the library renovations and include it in the 2025 Capital Budget; AND THAT Council approve Project Scenario #_______; AND THAT Council approve Option # _______ for debt funding. Motion to Defer: Moved By Councillor Wayne Olson Seconded By Councillor Shellee Niznik THAT Council defer the decision of the Fonthill Branch Library Renovations; AND THAT staff be directed to consult with the Lincoln Pelham Public Library Board, to gain a more thorough understanding of their priorities and requests at varying price points; AND THAT staff, in conjunction with the Lincoln Pelham Public Library Board, be directed to report back to Council on the matter.
Moved by Councillor Wayne Olson, seconded by Councillor Brian Eckhardt
Carried
THAT the motion be amended to add: AND THAT Council red circle the budget request from the Pelham Minor Baseball Association for batting cage lighting at Centennial Park in the amount of $75,000.
Moved by Councillor Shellee Niznik, seconded by Councillor Wayne Olson
Carried
THAT the motion be amended to add: AND THAT Council move Project 301154 - MCC Hot Water Tank from the 10-year plan to the 2025 Capital budget and reduce the budgeted amount from $18,000 to $10,000.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Wayne Olson
Carried
THAT the motion be amended to add: AND THAT Council red circle project FAC 05-25 Town Hall – Window Replacement, in the 2025 Capital Budget, in the amount of $115,000.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Brian Eckhardt
Carried
THAT the motion be amended to add: AND THAT Council increase the budget for project FAC 07- 25 OPTH – Furnace Replacement from $6,000 to $12,000.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Kevin Ker
Carried
BE IT RESOLVED THAT Council receive Report #2024- 0280-Corporate Services, for information; AND THAT Council approve the 2025 Capital Budget including all motions made by Council at the Committee of the Whole meeting on November 18, 2024; AND THAT Council red circle the budget request from the Pelham Minor Baseball Association for batting cage lighting at Centennial Park in the amount of $75,000; AND THAT Council move Project 301154 - MCC Hot Water Tank from the 10-year plan to the 2025 Capital budget and reduce the budgeted amount from $18,000 to $10,000; AND THAT Council red circle project FAC 05-25 Town Hall – Window Replacement, in the 2025 Capital Budget, in the amount of $115,000; AND THAT Council increase the budget for project FAC 07- 25 OPTH – Furnace Replacement from $6,000 to $12,000.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Kevin Ker
Carried
BE IT RESOLVED THAT the Consent Agenda items as listed on the December 4, 2024, Council Agenda be received and the recommendations contained therein be approved, save and except items 11.1.1, 11.1.2, and 11.3.3: Consent Agenda Items to be Considered in Block 11.1 Presentation of Recommendations Arising from Committee of Council, for Council Approval 11.1.1 SCOW-01/2024 Special Committee of the Whole, Capital Budget Meeting - November 18, 2024 BE IT RESOLVED THAT Council hereby approves the Recommendations Resulting from: 1. SCOW-01/2024 Special Committee of the Whole, Capital Budget Meeting - November 18, 2024. 11.1.2 SCOW-02/2024 Special Committee of the Whole, Operating Budget Meeting - November 27, 2024 BE IT RESOLVED THAT Council hereby approves the Recommendations Resulting from: 1. SCOW-02/2024 Special Committee of the Whole, Operating Budget Meeting - November 27, 2024. 11.2 Minutes Approval - Committee of Council 11.2.1 SCOW-01/2024 Special Committee of the Whole, Capital Budget Meeting - November 18, 2024 BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. SCOW-01/2024 Special Committee of the Whole, Capital Budget Meeting - November 18, 2024 11.2.2 SCOW-02/2024 Special Committee of the Whole, Operating Budget Meeting - November 27, 2024 BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. SCOW-02/2024 Special Committee of the Whole, Operating Budget Meeting - November 27, 2024 11.3 Staff Report
Moved by Councillor Shellee Niznik, seconded by Councillor John Wink
Carried
THAT the motion be amended to add: as amended through report 2024-0280 2025 Capital Budget for Approval, approved December 4, 2024.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT Council hereby approves the Recommendations Resulting from: 1. SCOW-01/2024 Special Committee of the Whole, Capital Budget Meeting - November 18, 2024, as amended through report 2024-0280 2025 Capital Budget for Approval, approved December 4, 2024.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT Council hereby approves the Recommendations Resulting from: 1. SCOW-02/2024 Special Committee of the Whole, Operating Budget Meeting - November 27, 2024.
Moved by Councillor Shellee Niznik, seconded by Councillor Kevin Ker
Carried
BE IT RESOLVED THAT Council receive Report #2024-0274 Structural Repair and Inspection of the Pelham Arches, for information.
Moved by Councillor Bob Hildebrandt, seconded by Councillor John Wink
Carried
THAT THE agenda be reorganized to consider Item 16 - Election of the Deputy Mayor and Item 17 - Presentation of By-laws, prior to Staff Reports Requiring Action.
Moved by Councillor Kevin Ker, seconded by Councillor Shellee Niznik
Carried
BE IT RESOLVED that pursuant to section 238 of the Municipal Act, 2001, S.O. 2001, c. 25 and Town of Pelham By-law No. 4107(2019), as amended or replaced from time to time, Council for the Town of Pelham appoints Councillor Eckhardt as Deputy Mayor for a term of two (2) years commencing on the date on which the Deputy Mayor is appointed by by-law or until a successor is appointed; AND THAT the Deputy Mayor shall be the presiding officer at all meetings of Council including any Regular, Special or Emergency meeting of Council or Committee of Council from which the Mayor is absent or at which the Mayor is unable or refuses to act; AND THAT at any such meetings the Deputy Mayor shall act in the place and stead of the Mayor and shall exercise all the rights, powers and authority of the Mayor; AND THAT Council Direct the Town Clerk to prepare and present a Deputy Mayor appointment by-law, at the next Regular Meeting of Council.
Moved by Councillor Shellee Niznik, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT the Council of the Town of Pelham, having given due consideration to the following By-law(s) 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(s): 1. By-law 84-2024 - Being a By-law to Redivide the Wards in the Town of Pelham and to repeal and replace By-Law No. 3402(2013). 2. By-law 85-2024 - Being a By-law to exempt Blocks 174 and 175, 59M-505, municipally known as 2, 4, 6, 8, 12, 14, 16, and 18 Arsenault Crescent, from Part Lot Control. Saffron Meadows Phase 3 (Rinaldi Homes Niagara Inc.) File No. PLC-06-2024 3. By-law 86-2024 - Being a By-law to amend Zoning By-law 4481(2022), as amended, for lands on the south side of Quaker Road east of Pelham Street and west of Clare Avenue legally described as Part of Lot 237, Geographic Township of Thorold, Town of Pelham, Regional Municipality Of Niagara from the Residential 1 (R1) and Residential Multiple 1-133 Holding (RM1-133 (H)) zones to the amended Residential Multiple 1 – 133 Holding (RM1-133(H)) zone. Bauer Landing (701 & 717 Quaker Road) File No. AM-07-2024
Moved by Councillor Bob Hildebrandt, seconded by Councillor Kevin Ker
Carried
BE IT RESOLVED THAT Council receive Report # 2024-0277 Administrative Penalty By-law 2024 Schedule “A” Update, for information; AND THAT Council approve the proposed updated Schedule “A” to By-law No. 68-2023, being the Administrative Penalty Process By-law for Non- Parking By-laws; AN THAT Council direct staff to prepare a by-law to amend By-law No. 68-2023 to repeal the existing Schedule “A” and replace it with the proposed updated Schedule “A” attached hereto; AND THAT Council direct the proposed updated Schedule “A” and the by-law to amend By-law No. 68-2023 to be finalized and presented to Council for consideration at the next regular meeting of Council.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT Council receive Report # 2024-0272 – Pelham Street Sanitary Spot Repairs Between Church Hill and Highway 20 East, for information; AND THAT Council approve an estimated budget of $100,000.00 funded from the Wastewater Reserve to complete the Emergency Repairs Sanitary Spot Repairs Between Church Hill and Highway 20 East project; AND THAT Council approve the immediate procurement of goods and services for this repair in accordance with Section H(e) of Procurement Policy S402-00, as it is deemed an emergency.
Moved by Councillor Shellee Niznik, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 87-2024 to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 4th day of December, 2024.
Moved by Councillor John Wink, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT all remaining agenda items, being 13.2.1, 13.2.2, 18.1 and 18.2, be
Moved by Councillor Bob Hildebrandt, seconded by Councillor Shellee Niznik
Deferred

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