The Pelham Record

Town of Pelham Regular Council Meeting

April 5, 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 (18 motions)

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

BE IT RESOLVED THAT the agenda for the April 5, 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 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 Wayne Liebau regarding the 2024 Eclipse, 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 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 the value "inclusive" be amended to state "inclusivity". 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 presentation from David Cribbs, Chief Administrative Officer entitled 2023-2027 Strategic Plan Action Item Reporting Metric, 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 Kevin Ker, 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 minutes be adopted as printed, circulated, and read: 1. C-06/2023 - Regular Council Meeting - March 22, 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 the Consent Agenda items as listed on the April 5, 2023, Council Agenda be received and the recommendations contained therein be approved, save and except 8.3.4 and 8.3.5: 8.1 Presentation of Recommendations Arising from Committee of Council, for Council Approval 8.2 Minutes Approval - Committee of Council 8.3 Staff Reports of a Routine Nature for Information or Action 8.3.1 LED Conversion Program Phase 1 Update, 2023- 0092-Public Works BE IT RESOLVED THAT Council receive Report #2023-0092 – Update on the LED Streetlight Replacement Project, for information. 8.3.2 Town Hall Building Addition March Update, 2023- 0082-Public Works BE IT RESOLVED THAT Council receive Report #2023-0082-Public Works – Town Hall Building Addition March Update, for information. 8.3.3 Official Plan Review and Update, 2023-0091-Planning BE IT RESOLVED THAT Council receive the Memo – Official Plan Review and Update, for information. 8.3.4 Single Source for Architect for Centennial Park Accessible Universal Washroom Addition, 2023-0084-Corporate Services BE IT RESOLVED THAT Council receive Report #2023-0084 - Single Source Architect for Centennial Park Accessible Universal Washroom Addition to Concession, for information. 8.3.5 Single Sourcing - Ward Boundary and Council Composition Update and Selection Process for Deputy Mayor, 2023-0090-Clerks BE IT RESOLVED THAT Council receive Report #2023-0090 – Single Sourcing – Ward Boundary and Council Composition Update and Selection Process
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
That the motion be amended to add: AND THAT Council understands staff’s recommendation has been presented to expedite the undertaking of the project, ensuring that the funding is not jeopardized, due to the tight time constraints established by the funding provider; AND THAT Council acknowledges, in some circumstances, single sourcing can be an effective and efficient tool for the Town to utilize. However, as elected stewards of the ratepayers, it is also important to ensure, that financial expenditures need to represent the best available value for the taxpayers; AND THAT a competitive bidding process on Municipal projects is a healthy exercise that helps balance the need for effective service delivery, while ensuring the wise use of fiscal resources; AND THAT Council directs staff to seek out competitive alternatives for this project by using the tools available to the Town under its Purchasing Policy options; other than single sourcing for the Architectural services on the Accessible Universal Washroom and Concession facilities in Centennial Park. 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 Brian Eckhardt
Carried
BE IT RESOLVED THAT Council receive Report #2023-0084 - Single Source Architect for Centennial Park Accessible Universal Washroom and Addition to Concession, for information; AND THAT Council understands staff’s recommendation has been presented to expedite the undertaking of the project, ensuring that the funding is not jeopardized, due to the tight time constraints established by the funding provider; AND THAT Council acknowledges, in some circumstances, single sourcing can be an effective and efficient tool for the Town to utilize. However, as elected stewards of the ratepayers, it is also important to ensure, that financial expenditures need to represent the best available value for the taxpayers; AND THAT a competitive bidding process on Municipal projects is a healthy exercise that helps balance the need for effective service delivery, while ensuring the wise use of fiscal resources; AND THAT Council directs staff to seek out competitive alternatives for this project by using the tools available to the Town under its Purchasing Policy options; other than single sourcing for the Architectural services on the Accessible Universal Washroom and Concession facilities in Centennial Park. 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 Brian Eckhardt
Carried
That the motion be amended to add: AND THAT Council understands staff’s recommendation has been presented to Council with the following rationale: That Watson and Associates completed the last review of the ward boundaries in 2013; Watson and Associates provided the budget estimates approved in the 2023 Town Budget; and that there are few other firms with the knowledge and experience in undertaking such a project; AND THAT Council recently approved a procurement policy that allows for sole and single sourcing under specific circumstances; however, Council prefers a competitive bidding process on this project; AND THAT Council directs staff to seek out competitive alternatives for this project by using the tools available to the Town under its Purchasing Policy options; other than single sourcing for selection of a firm to undertake the ward boundary review and selection process for a Deputy Mayor. 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
BE IT RESOLVED THAT Council receive Report #2023-0090 – Single Sourcing – Ward Boundary and Council Composition Update and Selection Process for Deputy Mayor, for information. AND THAT Council understands staff’s recommendation has been presented to Council with the following rationale: That Watson and Associates completed the last review of the ward boundaries in 2013; Watson and Associates provided the budget estimates approved in the 2023 Town Budget; and that there are few other firms with the knowledge and experience in undertaking such a project; AND THAT Council recently approved a procurement policy that allows for sole and single sourcing under specific circumstances; however, Council prefers a competitive bidding process on this project; AND THAT Council directs staff to seek out competitive alternatives for this project by using the tools available to the Town under its Purchasing Policy options; other than single sourcing for selection of a firm to undertake the ward boundary review and selection process for a Deputy Mayor. 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
BE IT RESOLVED THAT Council receive Report #2023-0080 – JP Niagara Experience 2023 Date Night Event – Designation of Municipal Significance, for information. AND THAT Council designate the JP Niagara Experience 2023 Date Night Event, to be held from 7:00 pm to 10:00 pm on May 11, 2023, and May 18, 2023, at 1934 Centre Street, as a Municipally Significant Event. 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 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 #2023-89 for information as it pertains to File Nos. 26T19-020-02 & AM-03-2020; AND THAT Council directs Planning staff to prepare the by-law for approval of the Zoning By-law amendment for Council’s consideration; AND THAT Council approves the Draft Plan of Subdivision, attached as Appendix A, subject to the conditions in Appendix B. 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 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 #2023-0083-Public Works – Quaker Road Reconstruction Project Update and Pelham St Phase 4 Project, for information; AND THAT Council approve the deferral of the following projects to 2024: RD 13-23 Quaker Rd Reconstruction ($2,100,000); WTR 01-23 Quaker Rd-Watermain ($800,000) and WST 06-23 Quaker Rd- Wastewater ($1,050,000) as summarized on Appendix 1; AND THAT Council approve in 2023 the Pelham Street Phase 4 Reconstruction Road Project # 300649 for $3,436,000 and Pelham St Phase 4 Watermain Project # 700286 for $685,000, to be funded as follows: $595,000 Roads Reserve, $644,000 by the Water Reserve, $41,000 by the Wastewater Reserve, $791,000 by Ontario Community Infrastructure Fund (OCIF), $1,200,000 ICIP Northern and Rural Grant and $850,000 by Development Charges Revenue as summarized on Appendix 1; AND THAT Council approve the change in funding for RD 09-23 Road Rehabilitation project # 300643 in 2023 from $163,171 Roads Reserve and $836,829 OCIF grant to $630,171 Roads Reserve, $324,000 from the Canada Community Benefit Fund (CCBF) and $45,829 OCIF 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 Bob Hildebrandt, 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 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 24-2023 - Being a By-law to authorize the execution of a subdivision agreement with Lally Homes Ltd. and the Corporation of the Town of Pelham – Emerald Trail Subdivision. Lally Homes Ltd. and the Corporation of the Town of Pelham. File No. 26T19-01-2021 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 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 and External Boards) 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 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 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 appoint the following individuals to the Pelham Cultural Advisory Committee: 1. Matthew Mocha 2. Stephanie Jones 3. Yvonne Van Lankveld 4. Tammy Van Den Brink 5. Council Representative: Councillor Niznik AND THAT Council direct the Town Clerk to prepare and present the necessary appointment by-law at the following Regular Meeting of Council. 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 this Regular Meeting of Council be adjourned until the next regular meeting scheduled for April 19, 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 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

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