The Pelham Record

Town of Pelham Regular Council Meeting

December 19, 2022

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.

THAT the agenda be amended to:  Add the open-session addendum, being item number 9.5.1.8 - Jonathan Tucker Comments; and  Add the closed-session addendum, being items 2.3.8 and 2.3.9. 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 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 agenda for the December 19, 2022 Regular Meeting of Council be adopted, as amended. 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 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 pursuant to section 238 of the Municipal Act, 2001, S.O. 2001, c. 25 and Town of Pelham By-law No. 4107(2019), as amended or replaced from time to time, Council for the Town of Pelham appoints Councillor John Wink as Deputy Mayor for a term of two (2) years commencing on the date on which the Deputy Mayor is appointed by by-law or until a successor is appointed; AND THAT the Deputy Mayor shall be the presiding officer at all meetings of Council including any Regular, Special or Emergency meeting of Council or Committee of Council from which the Mayor is absent or at which the Mayor is unable or refuses to act; AND THAT at any such meetings the Deputy Mayor shall act in the place and stead of the Mayor and shall exercise all the rights, powers and authority of the Mayor; AND THAT Council Direct the Town Clerk to prepare and present a Deputy Mayor appointment by-law, at the next 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 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 following minutes be adopted as printed, circulated and read: 1. SC-12-2022 - Special Meeting of Council - November 30, 2022 2. C-21/2022 - Regular Council Meeting - December 5, 2022 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
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 December 19, 2022 Council Agenda be received and the recommendations contained therein be approved: 9. Consent Agenda Items to be Considered in Block - ConsentedConsented 9.3 Staff Reports of a Routine Nature for Information or Action 9.3.1 Non-Union Compensation Policy Update, 2022-0257-Chief Administrator Officer BE IT RESOLVED THAT Council receive Report #2022-0257, Non-Union Compensation Policy Update for information; AND THAT Council approve the Non-Union Compensation Policy S600-30, as amended. 9.3.2 September 2022 Financial Report, 2022-0290-Corporate Services BE IT RESOLVED THAT Council receive Report #2022-0290- Corporate Services, September 2022 Financial Reports, for information. 9.5 Information Correspondence Items 9.5.1 Correspondence re: 1145 Pelham Street Development Application 9.5.1.1 Paul Watson Comments BE IT RESOLVED THAT Council receive correspondence from Paul Watson regarding the 1145 Pelham Street development application, for information. 9.5.1.2 Greg Lipinski Comments BE IT RESOLVED THAT Council receive correspondence from Greg Lipinski regarding the 1145 Pelham Street development application, for information. 9.5.1.3 Massimo Citrigno Comments BE IT RESOLVED THAT Council receive correspondence from Massimo Citrigno regarding the 1145 Pelham Street development, for information. 9.5.1.4 Tom and Linda Duliban Comments BE IT RESOLVED THAT Council receive correspondence from Tom and Linda Duliba
Moved by Councillor Kevin Ker, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT Council receive a verbal Update on the Regional Transit Committee from Councillor Olson, 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 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 #2022-0286 Clerks –Amendment to Procedural By- Law to Permit Continued Electronic Participation in Meetings until March 31, 2023; AND THAT the proposed amendments to the Town of Pelham Procedural By-Law as outlined in Appendix 1, be approved, thereby facilitating electronic meetings participation until March 31, 2023 for Council, Special Council, Committee of Adjustment, Committee of Council and Advisory 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 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 Council receive Report #2022-0285 – City of St. Catharines Dispatch Agreement 2023; AND THAT the dispatch agreement between the Town of Pelham and the City of St. Catharines be approved; AND THAT Council consider approving the associated by-law. 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 Report # 2022-0288-Corporate Services – Volunteer Firefighting Life Insurance Reserve Update; AND THAT Council support the allocation to the Volunteer Fire fighter Life Insurance Reserve Fund decrease from $12,500 a year to the premium amount per year from VFIS of Canada ($2,500 in 2022); AND THAT Council approve, in principal, By-law #4313(2021) be amended to reflect this decrease in allocation from $12,500 to the premium amount and a decrease in the maximum balance of the reserve fund from $125,000 to $10,000. 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 receives Report #2022-287 – Recommendation for Zoning By-Law Amendment – 1145 Pelham Street for information as it pertains to File No. AM-06-2022. 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
AND THAT Council directs Planning staff to prepare the necessary Zoning By-law amendment for Council consideration at the next Regular Meeting of Council. For (6): Mayor Marvin Junkin, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt Against (1): Councillor Bob Hildebrandt
Moved by Councillor John Wink, seconded by Councillor Shellee Niznik
Carried
In favour (6): Mayor Marvin Junkin, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, Councillor Brian Eckhardt · Opposed (1): Councillor Bob Hildebrandt
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 and second time; 1. 4507(2022) - Being a By-law to govern the proceedings of the Town of Pelham Council, its Committees, the conduct of its Members and the calling of Meetings and to repeal and replace By-Law No. 4107(2019), as amended. AND 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-law: 2. 4504(2022) - Being a by-law to amend By-law No. 3728(2016) to establish 2023 Fees and Charges to be collected by the Corporation of the Town of Pelham; AND to Repeal By- law No. 4411(2022), as amended. 3. 4505(2022) - Being a By-law to amend By-law No. #4107(2019), as amended by By-laws 4296(2020), 4362(2021) and 4422(2022), being by-laws to govern the proceedings of the Town of Pelham Council, its Committees, the conduct of its members and the calling of meetings, to provide for Electronic Meeting Participation for the Council of the Town of Pelham, the Committee of Adjustment and Advisory Committees. 4. 4506(2022) - Being a By-law to amend By-law 4313(2021) to establish a reserve fund for Volunteer Fire Fighters’ life insurance. 5. 4508(2022) - Being a By-law to authorize the execution of a subdivision agreement with Mountainview Homes (Niagara) Ltd. and the Corporati
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 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 Statutory 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 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 Council adjourn the In Camera Session and that Council do now Rise: With No 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 Shellee Niznik, 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 appoint the following individuals to the Joint Accessibility Advisory Committee: 1. Dan Whipple 2. Rhys Evans 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 Kevin Ker, 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 appoint the following individuals to the Lincoln Pelham Public Library Union Board: 1. Andrew Colgoni 2. Nicole Nolan 3. Jayme Toms 4. Linda Roote 5. Councillor Shellee 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 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 Council appoint the following individuals to the Niagara Peninsula Energy Inc. Board of Directors: 1. Councillor Robert Hildebrandt 2. Councillor Kevin Ker 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 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 remove Lisa Haun, immediately, from the Peninsula West Power Inc. Board of Directors; AND THAT Council appoint the following individuals to the Peninsula West Power Inc. Board of Directors: 1. Councillor Robert Hildebrandt 2. Councillor Kevin Ker 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 the following By-law be read a first, second and third time and passed: Being a By-law No. 4510(2022) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 19th day of December, 2022. 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 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 this Regular Meeting of Council be adjourned until the next regular meeting scheduled for January 9, 2023 at 5:30 pm. 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
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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