The Pelham Record

Town of Pelham Regular Council Meeting

June 7, 2023

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 (20 motions)

20 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

THAT the agenda be amended to move item 10.2.6 until after closed-session. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor Wayne Olson, seconded by Councillor Brian Eckhardt
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT the agenda for the June 7, 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
Moved by Councillor Wayne Olson, seconded by Councillor Brian Eckhardt
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT Council receive the delegation from Dennis Edell, President of Niagara Chapter Trout Unlimited Canada regarding an Update on Rice Road Stormwater Management Outlet Project, for information; AND THAT Council allocate $20,400 from reserves to assist with the additional studies required to move on with the capital project. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor John Wink, seconded by Councillor Kevin Ker
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT Council receive the delegation from Tim Nohara regarding the Cannabis Control Committee Closing Memo, August 23, 2022 Ontario Land Tribunal Decision and Proposed Next Steps, for information. AND THAT Staff be instructed to prepare a report on the status of the work done by the Cannabis Control Committee and implications and costing of proceeding with the requests as presented from this delegation for the July 26th, 2023, Council Meeting. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor Bob Hildebrandt, seconded by Councillor Wayne Olson
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-10/2023 - Regular Council Meeting - May 17, 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
Moved by Councillor Kevin Ker, seconded by Councillor Brian Eckhardt
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT the Consent Agenda items as listed on the June 7, 2023 Council Agenda be received and the recommendations contained therein be approved: 8. Consent Agenda Items to be Considered in Block 8.1 Presentation of Recommendations Arising from Committee of Council, for Council Approval BE IT RESOLVED THAT Council hereby approves the Recommendations Resulting from the following: PCOW-03/2023 - May 10, 2023 - Public Meeting under the Planning Act 8.2 Minutes Approval - Committee of Council BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: PCOW-03/2023 - May 10, 2023 - Public Meeting under the Planning Act 8.3 Staff Reports of a Routine Nature for Information or Action 8.3.1 2022 Year-end Building Report, 2023-0125-Corporate Services BE IT RESOLVED THAT Council receive Report #2023-0125 – 2022 Year-end Building Department Report, for information. 8.3.2 2022 Reserve and Reserve Fund Report, 2023-0124- Corporate Services BE IT RESOLVED THAT Council receive Report #2023-0124- Corporate Services 2022 Reserve and Reserve Fund Report, for information; AND THAT Council direct the 2022 Annual Treasurer’s Statement of Reserve Funds for Development Charges and 2022 Annual Treasurer’s Parkland Dedication Reserve Fund Statement be made available to the public upon request 8.3.3 December 2022 Financial Reporting, 2023-0122- Corporate Services BE IT RESOLVED THAT Council receive Report #2023-0059- Corporate Services, December 2022 Financial Repo
Moved by Councillor Shellee Niznik, seconded by Councillor Bob Hildebrandt
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT Council receive the verbal update from Councillor Hildebrandt regarding Peninsula West Power Inc, for information. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor Shellee Niznik, seconded by Councillor Wayne Olson
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT Council receive the verbal update from Councillor Olson regarding the Probus Club of Pelham, for information. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor John Wink, seconded by Councillor Bob Hildebrandt
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT Council receive the verbal update from Councillor Ker regarding Niagara Central Dorothy Rungeling Airport Commission, for information. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor Shellee Niznik, seconded by Councillor Brian Eckhardt
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT Council receive Report #2023-0127-Corporate Services – 2024 Budget Schedule, for information; AND THAT Council direct staff to include the “Budget Open House Public Meeting” to be conducted at the Public Meeting scheduled on Wednesday, September 13, 2023; AND THAT the Rules of Procedure as contained in the Town of Pelham Procedural By-law, be suspended as they pertain to Delegations, to allow unlimited delegations to register to speak on the 2024 Budget as part of the Public Meeting on September 13, 2023; AND THAT Council approve the 2024 Budget Schedule attached hereto; AND THAT Council direct staff to include the approved 2024 Budget Schedule dates as part of Council’s 2024 Regular Meeting Schedule. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor Wayne Olson, seconded by Councillor John Wink
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT Council receive Report #2023-0132 Pelham Audit and Finance Committee Recommendation Letter, for information; AND THAT Council approve and endorse the recommendation made by the Pelham Finance and Audit Committee in the letter dated May 26, 2023, being: WHEREAS the Pelham Finance and Audit Committee received the 2022 Town of Pelham Consolidated Financial Statements; NOW THEREFORE the Committee hereby recommends that Council approve the 2022 Town of Pelham Consolidate Financial Statements. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor Bob Hildebrandt, seconded by Councillor Wayne Olson
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT Council receive Report #2023 -0137 Recreation – Pelham Minor Baseball Association Batting Cage Licencing Agreement, for approval; AND THAT Council authorize and directs staff to negotiate a licence agreement with the Pelham Minor Baseball Association. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor Brian Eckhardt, seconded by Councillor John Wink
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT Council receive Report #2023-0136-Recreation, for information; AND THAT Council officially adopt the Town of Pelham Recreation, Culture & Parks Master Plan that will provide guidance through a ten year (2023- 2032) outlook for municipal recreation, culture and parks facilities and services. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor Shellee Niznik, seconded by Councillor Kevin Ker
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT Council receive Report #2023-0130 Public Works Invasive Species Management Policy, for information; AND THAT Council repeal Spongy Moth Policy S802- 03 and approve Public Works Invasive Species Management Policy; AND THAT staff be directed to prepare the necessary by-law for the establishment of an Invasive Species Management Reserve Fund AND THAT this reserve fund be effective for the December 31, 2023, year end. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor John Wink, seconded by Councillor Kevin Ker
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
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: 1 (c) - proposed or pending disposition of land by the municipality; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose (1 item - Property located in Ward 1) 2 (f) advice that is subject to solicitor-client privilege (1 - item) For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor Wayne Olson, seconded by Councillor Shellee Niznik
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, 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
Moved by Councillor Brian Eckhardt, seconded by Councillor Bob Hildebrandt
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, 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 June 7, 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
Moved by Councillor Bob Hildebrandt, seconded by Councillor Kevin Ker
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT Council receive Report # 2023-0131, for information; AND THAT the tender for 2023-PW-13 Pelham Street Phase 4 from Spruceside Crescent to the Pelham /Welland town boundary be awarded to Rankin Construction Inc. in the amount of $4,332,425, plus net HST rebate for a total cost to the Town of $4,408,676; AND THAT Council amend the motion from Council Report # 2023-0083 Public Works- Quaker Road Reconstruction Update and Pelham St Phase 4 Project to reflect the actual costs of Pelham St Phase 4 in in the total amount of $4,646,334 from the estimated amount of $4,121,000 on the April 5, 2023 report #2023-0083; AND THAT Council approve the additional funds to RD-21-23 Pelham St Phase 4 (#300649) in the amount of $525,334 to be funded from the projected savings of $647,000 from RD 11-22 Pelham St Phase 3 (#300629) for a net savings of $121,666 as summarized in Appendix 1; AND THAT Council approve the increase to the Roads Reserve in the amount of $566,204; a decrease in the Water Reserve in the amount of $485,538 and an increase in the Wastewater Reserve in the amount of $41,000, for a total net decrease of the total projects in the amount of $121,666 as summarized on Appendix 1. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor John Wink, seconded by Councillor Bob Hildebrandt
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being By-law No. 37-2023 to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its regular Meeting held on the 7th day of June, 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
Moved by Councillor Kevin Ker, seconded by Councillor John Wink
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt
BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for June 21, 2023 at 9:00 am. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt
Moved by Councillor Shellee Niznik, seconded by Councillor Wayne Olson
Carried
In favour (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt

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