Town of Pelham Regular Council Meeting

BE IT RESOLVED THAT the agenda for the October 4, 2021 Regular meeting of Council be adopted. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 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. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive the COVID-19 update presentation from D. Cribbs, Chief Administrative Officer, for information. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive the delegation from Rhys Evans and Ann Villalta on behalf of the Joint Accessibility Advisory Committee, for information. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive the delegation from Turkstra Mazza Associates regarding Kunda Park and Forest Park, for information. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. SC-15/2021 - Special Council - September 20, 2021; and 2. RC-15/2021 - Regular Council - September 20, 2021. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT the Consent Agenda items as listed on the October 4, 2021 Council Agenda be received and the recommendations contained therein be approved, save and except items 8.3.2 and 8.4.1: 8.3. Staff Reports of a Routine Nature for Information or Action 8.3.1. Renaming of Human Resources and Health and Safety Department, 2021-0171-Chief Administrator Officer BE IT RESOLVED THAT Council receive Report #2021-0171 – Renaming the Human Resources and Health and Safety Department, for information purposes. 8.3.2 Town Policy Regime Requiring Staff Vaccination, 2021-0169- Chief Administrator Officer BE IT RESOLVED THAT Council receive Report #2021-0169 – Town Policy Requiring Staff Vaccination, for information purposes. (lifted) 8.4. Action Correspondence of a Routine Nature 8.4.1. Appointment to Peninsula West Power Inc. Board of Directors - Councillor Hildebrandt BE IT RESOLVED THAT the Council receive the correspondence from the Peninsula West Power Inc. advising that the Pelham representative term for Councillor Hildebrandt expires on December 31, 2021; AND THAT the Town of Pelham nominates Councillor Hildebrandt to be appointed for a subsequent 1 year term, ending December 31, 2022; AND THAT Peninsula West Power Inc. and Councillor Hildebrandt be so advised.(lifted) 8.4.2. Women's Place of South Niagara Proclamation and Flag Raising Request - International Day for the Elimination of Violence Against Women BE IT RESOLVED THAT the Corporation of the Town of Pelham hereby

BE IT RESOLVED THAT Council receive Report #2021-0169 – Town Policy Requiring Staff Vaccination, for information purposes. Amendment: Moved By John Wink Seconded By Ron Kore THAT the motion be amended to included: AND THAT Council direct staff to revise the Council Code of Conduct to include that members of Council be required to be fully vaccinated (including booster shots, if necessary) For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 6 1

BE IT RESOLVED THAT the Council receive the correspondence from the Peninsula West Power Inc. advising that the Pelham representative term for Councillor Hildebrandt expires on December 31, 2021; AND THAT the Town of Pelham nominates Councillor Hildebrandt to be appointed for a subsequent 1 year term, ending December 31, 2022; AND THAT Peninsula West Power Inc. and Councillor Hildebrandt be so advised. Amendment: Moved By Marianne Stewart Seconded By Ron Kore THAT the motion be amended to strike “1 year term, ending December 31, 2022” to be replaced with: “3 year term, ending December 31, 2024” For Against Marvin Junkin X Lisa Haun X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 3 3

BE IT RESOLVED THAT Council receive Report #2021-0166 – Clerks – 2022 Council Meeting Schedule; AND THAT the 2022 Council Meeting Schedule as provided in Appendix A to this Report be approved, as amended; AND THAT Staff be directed to publish the 2022 Council Meeting Schedule to the Town of Pelham Website. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive Report #2021-0157 – Town of Pelham Wastewater Model and GIS Update; AND THAT Council APPROVE the award of the engineering assignment to GM Blue Plan Engineering in the amount of $75,500 plus HST to complete the update. AND THAT the Town of Pelham Wastewater Model and GIS Update be funded through capital accounts WST 01-20 (Sanitary I&I Study) and WST 03-21 (Sanitary I&I Study Program – Planned Replacements and Rehabilitation). For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT Council receive Report #2021-0168 – Kunda Park and Forest Park Subdivision Road Network and Crossing of Steve Bauer Trail, for information; AND THAT COUNCIL allow an exception to its motion restricting road crossings over the Steve Bauer Trail by adopting Option #1 in this report which contemplates and allows one road crossing with pedestrian access over the Steve Bauer Trail to connect the proposed Kunda Park Phase 4 subdivision and the proposed Forest Park subdivision; AND THAT COUNCIL direct staff to prepare the By-law to dedicate the proposed Steve Bauer Trail crossing as a public road allowance for Council’s consideration. Amendment: Moved By Lisa Haun Seconded By John Wink THAT the motion be amended to strike paragraphs 2 and 3; AND THAT Council direct staff to work with the developer to develop further options available for Council's consideration with respect to trail crossings, other than level crossings (overpass, underpass, tunnel, etc.) For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 6 1

BE IT RESOLVED THAT Council receive the verbal presentation from Councillor Hildebrandt with respect to Regional Waste Collection, for information. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 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 4391(2021) - Being a by-law to authorize the execution of a Development Agreement for the lands located at 614 Metler Road. Timothy Isaac Sinke & Laura Rose-Marie Sinke. File No. DA-02-21 2. By-law 4392(2021) - Being a by-law to amend By-law No. 4299(2020) to establish 2021 Fees and Charges to be collected by the Corporation of the Town of Pelham; And to Add Fees and Charges to the Public Works Schedule. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

WHEREAS the Town of Pelham is committed to the preservation of community heritage by way of recognizing and commemorating Remembrance Day; AND WHEREAS on November 11, 2021, the Town of Pelham will join in the nationwide day of Remembrance to mark the sacrifice of the many who have fallen in the service of their country and acknowledge the courage, valor and sacrifice of the military personnel who have served and continue to serve; AND WHEREAS the Canadian Warplane Heritage Museum historically hosts the largest annual indoor Remembrance Day service and second largest attended Remembrance Day service in Canada which has been suspended due to the COVID-19 pandemic; AND WHEREAS the Canadian Warplane Heritage Museum is committed to the recognition of Remembrance Day thereby proposing a community Cenotaph flyover traversing Hamilton and participating communities with the Lancaster and B25 vintage military aircraft; AND WHEREAS the Canadian Warplane Heritage Museum has called upon communities within the Golden Horseshoe for monetary support to facilitate a community Cenotaph flyover; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Pelham pledge a contribution of $2,500.00 to offset the expense of operating the vintage military aircraft to be used within the 2021 Remembrance Day service and ensure the Town’s inclusion in this act of Remembrance; AND THAT staff are authorized and directed to make said contribution from the Special Events account and provide the payment to

WHEREAS the Year of the Garden celebrates the Centennial of Canada’s horticulture sector; AND WHEREAS gardens and gardening contribute to the quality of life of our municipality and create safe and healthy places where people can come together; AND WHEREAS gardens and gardening have helped us face the challenges of the COVID pandemic; AND WHEREAS the Year of the Garden will highlight and celebrate the important contributions of our local gardening organizations and horticulture professionals and businesses; AND WHEREAS Communities in Bloom in collaboration with the Canadian Garden Council, invites all municipalities to celebrate the Year of the Garden; NOW THEREFORE BE IT RESOLVED THAT the Town of Pelham hereby proclaims 2022 as the Year of the Garden in celebration of the contribution of gardens and gardening to the development of our country, our municipality and the lives of our citizens in terms of health, quality of life and environmental challenges; AND THAT the Saturday before Father’s Day, June 18, 2022, be recognized as Garden Day in the Town of Pelham as a legacy of Canada’s Year of the Garden 2022; AND THAT the Town of Pelham is committed to be a Garden Friendly Town supporting the development of its garden culture; AND THAT all municipalities across Canada be invited to proclaim 2022 to be the Year of the Garden in their respective municipalities, and that a copy of this Proclamation be provided to the FCM, AMO, and sent to MP Dean Allison for that purpose. For Ag

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 and (d) - labour relations or employee negotiations (3 item); and (f) - advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (i) - a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; j) - a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; and (k) - a position, plan, procedure, criteria or instruction to be applied to any negotiations

BE IT RESOLVED THAT Council receive the Pelham Art Advisory Committee applications from Tammy van den Brink; AND THAT Council hereby appoint Tammy van den Brink to the Pelham Art Advisory Committee; AND THAT the appointment By-Law be presented at the next Regular Meeting of Council being October 18, 2021. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

WHEREAS the Town of Pelham received funding from the Modernization Grant to review web services; AND WHEREAS the Town of Pelham has issued two Requests for Proposals for a review of web services with no successful bidder on either occasion; AND WHEREAS Council for the Town of Pelham deems it desirable at this time to sole source a third party, being ESRI Canada Limited, to complete an independent review for web services, to be funded by the Modernization Grant Intake 2; AND NOWTHEREFORE BE IT RESOLVED THAT Council for the Town of Pelham direct staff to sole source and hire ESRI Canada Limited to complete a review of web services and to provide the Town of Pelham potential software application options for the Town’s needs, for consideration; AND THAT Council for the Town of Pelham authorize this expense to be solely covered by the amount of funding received from the Modernization Grant Intake 2. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT the Chief Administrative Officer and Clerk be and is hereby authorized to undertake the directions provided during the In Camera meeting of October 4, 2021. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 4394(2021) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 04th day of October, 2021. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0

BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for October 18, 2021 at 5:30 pm. For Against Marvin Junkin X Lisa Haun X Bob Hildebrandt X Ron Kore X Wayne Olson X Marianne Stewart X John Wink X Results 7 0