The Pelham Record

Town of Pelham Regular Council Meeting

December 6, 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 (23 motions)

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

BE IT RESOLVED THAT the agenda for the December 06, 2023, Regular meeting of Council be adopted, amended as noted: That Item previously numbered as 9.3.1 in the consent agenda be lifted and considered immediately following the presentation on Stormwater management, and renumbered as 6.2.2; And Item peviously numbered as 11.2.2 Gas Hedging Agreement , 2023-0263, be moved to follow 2023 Town of Pelham Holiday Cards, and renumbered 6.3
Moved by Councillor Wayne Olson, seconded by Councillor Bob Hildebrandt
Carried
BE IT RESOLVED THAT Council receive the delegation from Carol Nagy, Executive Director of Hospice Niagara, regarding an update on Hospice Palliative Care, for information.
Moved by Councillor Wayne Olson, seconded by Councillor Kevin Ker
Carried
BE IT RESOLVED THAT Council receive the delegation from Wayne Robins regarding the impact of Redecan's Odour emission, for information.
Moved by Councillor Shellee Niznik, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT Council receive the delegation from Judy Johnson regarding the impact of Redecan's Odour emission, for information.
Moved by Councillor John Wink, seconded by Councillor Bob Hildebrandt
Carried
BE IT RESOLVED THAT Council receive the Storm Water Management Pond Assessment Report Presentation by Adam Spargo, Senior Project Manager, Matrix Solutions Inc., for information.
Moved by Councillor Kevin Ker, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT Council receive Report #2023-0257 Stormwater Management Facility Needs Program, for information;
Moved by Councillor John Wink, seconded by Councillor Kevin Ker
Carried
BE IT RESOLVED THAT Council receive the 2023 Town of Pelham Holiday Card presentation from Ryan Cook.
Moved by Councillor Shellee Niznik, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT Council receive Report # 2023- 0263 - Gas Hedging Agreement, for information; AND THAT Council approve the Town of Pelham entering into a Gas Hedging agreement with Local Authority Services (LAS) effective January 1, 2024.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Kevin Ker
Carried
BE IT RESOLVED THAT Council receive the Taxes Written- Off Report from the Corporate Services Department; and THAT Council approve the Taxes Written-Off Report in the amount of $6495.87 as per the Municipal Act, Sections 357 and 358.
Moved by Councillor Wayne Olson, seconded by Councillor John Wink
Carried
BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-21/2023 - Regular Council Meeting - November 15, 2023
Moved by Councillor Brian Eckhardt, seconded by Councillor Bob Hildebrandt
Carried
BE IT RESOLVED THAT the Consent Agenda items as listed on the December 06, 2023 Council Agenda be received and the recommendations contained therein be approved: 9. Consent Agenda Items to be Considered in Block 9.1 Presentation of Recommendations Arising from Committee of Council, for Council Approval BE IT RESOLVED THAT Council hereby approves the Recommendations Resulting from the following: 1. PCOW-10/2023 - Public Meeting under the Planning Act - November 8, 2023 9.2 Minutes Approval - Committee of Council BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: PCOW-10/2023 - Public Meeting under the Planning Act - November 8, 2023 9.3 Staff Reports of a Routine Nature for Information or Action 9.3.1 Stormwater Management Facility Needs Program Report, 2023-0257-Public Works BE IT RESOLVED THAT Council receive Report #2023-0257 Stormwater Management Facility Needs Program, for information; 9.3.2 Installation of Services to the Fonthill Platform Tennis Club, 2023-0266-Public Works BE IT RESOLVED THAT Council receive Report #2023-0266 Installation of Water and Sewer Services to the Fonthill Platform Tennis Club, for information. 9.3.3 Cemetery Operations Update, 2023-0259-Public Works BE IT RESOLVED THAT Council receive Report #2023-0259 Cemetery Operations Update, for information. 9.3.4 Front Row Sport LTD Lease Agreement, 2023-0269- Recreation BE IT RESOLVED THAT Council receive the Memo 2023-0269- Recreation entitled Front Row Sports LTD Le
Moved by Councillor John Wink, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT Council receive the update from Councillor Hildebrandt regarding the Niagara Region Waste Committee, for information.
Moved by Councillor Brian Eckhardt, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT Council receive Report # 2023-0256 - Review of Capital Financing Using Debt, Reserves and In-Year Cash, for information; AND THAT Council direct staff to update the Summary of Reserves and Reserve Funds Target Balance in Q3 of 2024; AND THAT Council direct staff to bring back S400-07 Capital Financing and Debt Management Policy (Debt Policy) in Q3 of 2024, with an updated phase-in for the internal limit of debt in conjunction with new target levels for reserves; AND THAT Council approve the capital funding strategy for new debt needs to relate to strategic investments or growth funding by development charges. Reserves (pay as you go) will be utilized for current asset renewal with the current tax base maintaining the existing level of service.
Moved by Councillor Kevin Ker, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT Council receive Memo 2023- 0268 entitled MCC Elevators Oil Coolers Installation, for information; AND THAT Council approve the supply and installation of two Elevator Oil Coolers in the machine room of the MCC, in the amount of $43,452, including net of HST, to be funded from the 2023 in- year surplus.
Moved by Councillor Shellee Niznik, seconded by Councillor Bob Hildebrandt
Carried
BE IT RESOLVED THAT Council receive Report #2023-0270 - Administrative Penalty System Improvements to Promote By-law Compliance and Facilitate Enforcement, for information; AND THAT Council approve, in principle, proposed By-law No. 68-2023, being the Administrative Penalty Process By-law for Non-Parking By-laws; AND THAT Council approve, in principle, proposed By-law No. 69-2023, being the Administrative Penalty Process By-law for Traffic and Parking By- laws; AND THAT Council approve, in principle, proposed By-law No. 70-2023, being the Administrative Penalty System Consequential Amendment By-law; AND THAT Council direct that the proposed By-laws be presented to Council for consideration at the next regular meeting of Council.
Moved by Councillor Shellee Niznik, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT Council receive Recommendation Report #2023-0261 - Housekeeping Zoning By-law Amendment, for information; AND THAT Council defer consideration of the housekeeping zoning by-law amendment, to facilitate further consultation on changes brought forward following the public meeting in Q1 of 2024.
Moved by Councillor John Wink, seconded by Councillor Brian Eckhardt
Carried
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 66-2023 - Being a By-law to exempt Block 168 on Plan 59M-505, municipally known as 68, 70, 72, 74, and 76 William Street, from Part Lot Control. Saffron Meadows Phase 3 (Mountainview Building Group). File No. PLC-02-2023 2. By-law 67-2023 - Being a By-law to exempt Block 170 on Plan 59M-505, municipally known as 178, 180, 182, and 184 Klager Avenue, from Part Lot Control. Saffron Meadows Phase 3 (Mountainview Building Group. File No. PLC-03-2023
Moved by Councillor Shellee Niznik, seconded by Councillor Brian Eckhardt
Carried
WHEREAS Council for the Town of Pelham supports pedestrian safety and is dedicated to enhancing walkability and active transportation throughout the Town; AND WHEREAS the existing sidewalk along Canboro Road between the Villages of Fonthill, Ridgeville, and Fenwick is not continuous; NOW THEREFORE BE IT RESOLVED THAT Council direct staff to prepare a report addressing the cost and feasibility of connecting the sidewalks along Canboro Road between the Villages of Fonthill, Ridgeville, and Fenwick; AND THAT Council directs staff to report back to Council in Q2 of 2024.
Moved by Mayor Marvin Junkin, seconded by Councillor Wayne Olson
Carried
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: (b) - personal matters about an identifiable individual, including municipal employees and (d) - labour relations or employee negotiations - 2 items (Consideration of Appointments to Advisory Committees & CAO Performance Review) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose - 1 item (Insurance Renewal)
Moved by Councillor John Wink, seconded by Councillor Shellee Niznik
Carried
THAT the Rules of Procedure as contained in the Town of Pelham Procedural By-law, be suspended; AND THAT the specified meeting curfew time of 1:00 p.m. be and is hereby waived; AND THAT the remainder of the business listed on the agenda for this meeting continue to be considered until all matter have been concluded.
Moved by Councillor Wayne Olson, seconded by Councillor Shellee Niznik
Carried
BE IT RESOLVED THAT Council adjourn the In Camera Session and that Council do now Rise with Report; AND THAT the Manager of People Services and Town Solicitor be and is hereby authorized to undertake the directions provided during the In Camera meeting of December 06, 2023; AND THAT Council nominate Thom Hounsell to the Niagara Transit Commission Public Advisory Commission.
Moved by Councillor John Wink, seconded by Councillor Bob Hildebrandt
Carried
BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 72-2023 to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 6th day of December, 2023.
Moved by Councillor Brian Eckhardt, seconded by Councillor Shellee Niznik
Carried
BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for December 20, 2023 at 9:00 am.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Shellee Niznik
Carried

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