Town of Pelham Regular Council Meeting

BE IT RESOLVED THAT the agenda for the May 19th, 2020 Regular meeting of Council be adopted as circulated. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 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. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

THAT Staff be directed to initiate a program to invite members of the Pelham community to plant and maintain nine flower beds throughout the Town, with a judged event and prizes to be awarded in the fall, and report back to Council June 1 on this initiative. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 4 1

THAT Council add two additional Regular Council meetings to the 2020 Schedule to be convened July 13, 2020 and August 10, 2020. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED that Council receive the COVID-19 Up-date presentation from D. Cribbs, Chief Administrative Officer, and Jason Marr, Director of Public Works, for information. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT Council receive the presentation from the Pelham Summerfest/ Pelham Rotary Club Working Committee regarding the Status of the Arches Replacement Initiative, for information. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-08 - Regular Council Minutes - May 4, 2020; and 2. SC-08-2020 Special Council Minutes - May 4, 2020. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT the Consent Agenda items as listed on the May 19th, 2020 Council Agenda be received and the recommendations contained therein be approved, as applicable, save and except items 8.3.4, 8.5.1, 8.5.2, 8.5.3 and 8.5.4. -------------------------------------------- -- 8.3 Staff Reports of a Routine Nature for Information or Action 8.3.1 2019 Year-end Building Department Report, 2020-0065- Corporate Services BE IT RESOLVED THAT Council receive Report #2020-0065-Corporate Services, for information. 8.3.2 2019 Reserve and Reserve Fund Report, 2020-0067-Corporate Services BE IT RESOLVED THAT Council receive Report #2020-0067-Corporate Services, for information; and THAT the 2019 Annual Treasurer’s Statement of Reserve Funds for Development Charges be made available to the public upon request. 8.3.3 Clean yards bylaw 2020, 2020-0071-Fire Dept BE IT RESOLVED THAT Council receive Report #2020-0071 ; and that Council considers approving the clean yards bylaw 2020. 8.3.4 March 2020 Financial Reports, 2020-0072-Corporate Services BE IT RESOLVED THAT Council receive Report #2020-0072-Corporate Services for information. (lifted) 8.4 Action Correspondence of a Routine Nature 8.4.1 Pelham Audit and Finance Committee - Recommendation Letter BE IT RESOLVED that Council receive the Recommendation Letter from the Pelham Audit and Finance Committee dated May 11, 2020; AND THAT Council approve and endorses the recommendations therein, and that:  Council approve the 2019 Town of Pel

BE IT RESOLVED THAT Council receive Report #2020- 0072-Corporate Services for information. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT Council receive the Niagara Region Report dated May 7, 2020 regarding 2020 Property Tax Policy, Ratios and Rates, for information. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT Council receive correspondence from the Region of Niagara dated May 7, 2020, supporting the Pelham Arches Canada Summer Games Renewal project through the 2020 Public Realm Investment Program, for information. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT Council receive correspondence from the Region of Niagara dated May 7, 2020, supporting the Rice Road Tree Planting and Trail Enhancement project through the 2020 Public Realm Investment Program, for information. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT Council receive correspondence from the Minister of Canadian Heritage dated March 23, 2020, awarding a grant in the amount of $14, 650 to support the Pelham Canada Day Community Celebration, for information. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT Council receive Report #2020-0028-Corporate Services, for information; and THAT Council approve the recommended transfers of the 2019 operating surplus to the Reserves and Reserve Funds as outlined in Appendix 6. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT Council receive Report #2020-0070 ; and that council considers approving Administrative Municipal Penalty System (AMPS) policies and procedures as required by Ontario Regulation 333/07; as follows: 1. Prevention of Political Interference in the Administration of the AMPS Program Policy 2. Public Complaints Procedures for the Administration of the AMPS Program Policy 3. Administrative Municipal Penalty System: Financial Control and Reporting Policy 4. Conflict of Interest in Relation to the Administration of the AMPS Program Policy Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT Council receive Report #2020-0069; and That Council repeal policy S801-13 and approve the Public Works Winter Operations Policy S802-04 Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

THAT the following secondary amendment be made: That the paragraph be amended by striking the words from “forward” to the end of the paragraph and replacing with the following: ”to council for Council consideration on June 15, 2020”. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 4 1

THAT the following amendment be made: That the final paragraph be amended to only receive the Odourous Industries By-law to be brought forward for Council consideration on June 15, 2020. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 4 1

BE IT RESOLVED THAT Council receive Report #2020-075; and THAT Staff be directed to amend the Odourous Industries By-law 4202(2020) as it relates to the inclusion of an Administrative Penalty System (AMPS) and an increase to the minimum penalty under the Provincial Offences Act; and THAT the proposed amended Odorous Industries By- Law be brought forward for Council consideration on June 15, 2020. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 4 1

BE IT RESOLVED THAT Council receive Report #2020-0052 for information; AND THAT Council approve the Leaves of Absence Policy as amended, attached as Appendix “A”. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

WHEREAS substantial work has been undertaken towards the completion of the Official Plan amendment and the amendment to the Zoning By-Law relating to Cannabis; BE IT RESOLVED THAT the Town Clerk be directed to place the Cannabis Control Committee as a delegate on each agenda for the June and July 2020 Council meetings, so that they may continue to report to Council on their progress and that they may present the final amendments for consideration and approval. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

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 4236(2020) - Being a by-law to set the rates of taxation for the year 2020. 2. By-law 4237(2020) - Being a by-law to regulate the keeping and maintenance of property within the Town of Pelham, known as the Clean Yards By-law. 3. By-law 4238(2020) - Being a by-law to amend By-law #4068(2019) confirming various appointments to Boards, Commissions, and Committees of the Town of Pelham; and to appoint the Council representative to the Meridian Community Beautification Committee (Schedule E); And to appoint the Council representative to the Meridian Community Centre Hospitality Committee (Schedule M); And to appoint the Council representative to the Cannabis Control Committee (Schedule S); And to appoint the Council representative to the Meridian Community Centre User Group Committee. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

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) and Section 239 (3) of the Municipal Act, as follows: Pursuant to Municipal Act, s. 239(2): (b) - personal matters about an identifiable individual, including municipal employees; (1 Item - COVID-19); and (d) - labour relations or employee negotiations; (f) - advice that is subject to solicitor-client privilege, including communications necessary for that purpose (1 Item) Pursuant to Municipal Act, s. 239(3): (b) an ongoing investigation respecting the municipality by the Ombudsman appointed under the Ombudsman Act, an Ombudsman

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 9:00 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. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT Council adjourn the In Camera Session and that Council do now Rise With Report. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 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 May 19th, 2020. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT the Closed Session Report by the Chief Administrative Officer be received and the recommendations contained in the Confidential Report be enacted. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4240(2020) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 19th day of May, 2020. Recorded For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Marianne Stewart X John Wink X Results 5 0