The Pelham Record

Town of Pelham Regular Council Meeting

May 17, 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.

BE IT RESOLVED THAT the agenda for the May 17, 2023, 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
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 the presentation from Kailie Pyott providing an overview of the Municipal Property Assessment Corporation, 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 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 the presentation from Steve Langlois, Principal Planner at Monteith Brown Planning Consultants regarding the Town of Pelham Recreation Master Plan, 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 the following minutes be adopted as printed, circulated, and read: 1. C-09/2023 Regular Council - May 3, 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 the Consent Agenda items as listed on the May 17, 223 Council Agenda be received and the recommendations contained therein be approved, save and except items 8.1.1, 8.1.2, 8.2.2, 8.3.1 and 8.3.2: 8. Consent Agenda Items to be Considered in Block 8.1 Staff Reports of a Routine Nature for Information or Action 8.1.1 Municipal Drain Process, 2023-0117-Planning BE IT RESOLVED THAT Council receive Report #2023-0117 Municipal Drain Process, for information. 8.1.2 Town Hall Building Addition May Update, 2023-0116- Public Works BE IT RESOLVED THAT Council receive Report #2023-0116- Public Works – Town Hall Building Addition May Update, for information. 8.2 Action Correspondence of a Routine Nature 8.2.1 Brain Tumour Foundation of Canada Proclamation Request for Brain Tumour Awareness Month BE IT RESOLVED THAT the Town of Pelham receive the proclamation request from Brain Tumour Foundation of Canada, for information; AND THAT THE Corporation of the Town of Pelham hereby proclaims May 2023 as Brain Tumour Awareness Month. 8.2.2 Call for Nominations: Niagara Region Committees BE IT RESOLVED THAT Council receive the Call for Nominations to Committees from the Niagara Region; AND THAT Council for the Town of Pelham hereby support Councillor _______ nomination to serve on the ___________ Committee. 8.3 Information Correspondence 8.3.1 Township of Perry Resolution: Bill 5 Stopping Harassment and Abuse by Local Leaders Act BE IT RESOLVED THAT Council receive the correspon
Moved by Councillor Bob Hildebrandt, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT Council receive Report #2023- 0116-Public Works – Town Hall Building Addition May Update, 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 Brian Eckhardt, 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 receive the Call for Nominations to Committees from the Niagara Region; AND THAT Council for the Town of Pelham hereby support Councillor Hildebrandt's nomination to serve on the Niagara Road 12 Landfill Site Public Liaison Committee. 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 the correspondence from Emergency Management Ontario regarding the Town of Pelham's emergency management compliance with the Emergency Management and Civil Protection Act, 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 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 Report #2023-0047 - Becoming a Living Wage Employer, for information; AND THAT Council direct staff to develop a Living Wage Policy to be reviewed by Council in August. 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 Council approve Report #2023-0121 – Proposed Changes to Planning Act and Provincial Planning Statement; AND THAT this report be forwarded to the Ministry of Municipal Affairs and Housing as Pelham’s comments on the proposed changes to the Planning Act through Bill 97, regulation regarding site plan requirements for residential developments of 10 units or fewer and the draft new Provincial Planning Statement. 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 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 Memo 2023-0120 Corporate Services entitled Tax Rate By- Law 2023 , for information; AND THAT Council consider approving By-law 34- 2023, being a Tax Levy By-law for 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 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 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 33-2023 - Being a By-law to appoint Julia Taylor (Officer No. 872) as a By-law Enforcement Officer, Property Standards Officer, and Provincial Offences Officer for the Corporation of the Town of Pelham. 2. By-law 34-2023 - Being a By-law to set the rates of taxation for the year 2023. 3. By-law 35-2023 - Being a By-law to authorize the execution of Public Event Agreements with four (4) licensed establishments in the Town of Pelham and to repeal By-law 4218(2020). 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 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
WHEREAS the strategic use of town lands and a recreation and culture master plan have both been established as actionable components of Pelham’s Strategic Plan; AND WHEREAS Old Pelham Town Hall, located at the corner of Memorial Drive and Canboro Road, is an important, but potentially under-utilized community asset and recreational space owned and operated by the Town of Pelham; AND WHEREAS Council for the Town of Pelham desires to maximize the utilization of Town facilities for the purpose of culture, activity, and social connection; NOW THEREFORE BE IT RESOLVED THAT Council direct staff to prepare a report on the current use of the Old Pelham Town Hall and investigate the feasibility of repurposing Old Pelham Town Hall as a cultural centre for purposes such as, but not limited to art gallery, archive, museum, and theatre space; AND THAT Council direct staff to explore potential grant funding opportunities to support possible re-purposing and include such opportunities within the report; AND THAT Council direct staff to report back to Council in Q3 of 2023; AND THAT staff be directed to include in the 2024 budget, funding to engage a consultant to perform a building condition assessment providing estimates on the required capital upgrades to achieve accessibility and zero environmental impact, for Council’s consideration. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, an
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 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 acquisition 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 2) Item 2 pursuant to consent originally agenda item 8.1.1 (a) the security of the property of the municipality or local board; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose in relation to drainage liability concerns. 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 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 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 the Chief Administrative Officer be and is hereby authorized to undertake the directions provided during the In Camera meeting of 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 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
THAT Council request legal advice on the Town's liability regarding the drainage study during the in-camera session of May 17, 2023; AND that Council defer consideration of report 2023-0117 Municipal Drain Process to after the in-camera session of 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 Wayne Olson, 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 Report #2023-0117 Municipal Drain Process, for information; THAT staff be directed to invite all landowners within the watershed as identified within the consultants report, to attend a voluntary public meeting at the Meridian Community Centre in July to discuss and review the potential and ramification of a municipal drain; AND should a petition for a municipal drain initiated by any private property owner, the Town Clerk be directed to sign on behalf of the Corporation as a participatory landowner. 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 the following By-law be read a first, second and third time and passed: Being a By-law No. 36-2023 to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 17th day of May 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 Brian Eckhardt, 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 this Regular Meeting of Council be adjourned until the next regular meeting scheduled for June 7, 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 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

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