The Pelham Record

Town of Pelham Regular Council Meeting

August 14, 2024

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 August 14, 2024 Regular meeting of Council be adopted, as circulated.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT Council receive the delegation from Dr. Jim Jeffs regarding the Cannabis Odour Unit Threshold, for information.
Moved by Councillor John Wink, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT Council receive the delegation from Marc Brule regarding the Odour Control of Cannabis Production, for information.
Moved by Councillor Shellee Niznik, seconded by Councillor Bob Hildebrandt
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: (f) - advice that is subject to solicitor-client privilege, including communications necessary for that purpose (1 item - Cannabis)
Moved by Councillor Kevin Ker, seconded by Councillor John Wink
Carried
BE IT RESOLVED THAT Council reconvene the regular meeting; AND THAT Council adjourn the In Camera Session and that Council do now Rise: With No Report
Moved by Councillor Shellee Niznik, seconded by Councillor Wayne Olson
Carried
WHEREAS on March 23, 2020, Council enacted an Odourous Industries Nuisance By-law that sets an odour threshold based on known industry standards for acceptable odour levels in the Town of Pelham; AND WHEREAS the community has expressed its dissatisfaction with odour emissions from local cannabis facilities, indicating that current measures may be inadequate; AND WHEREAS Town of Pelham Council recognizes the challenge of balancing industrial growth with the quality of life and well-being of the community; NOW THEREFORE BE IT RESOLVED THAT Council direct staff to prepare a comprehensive report reviewing the current threshold for odour levels as stipulated in the Odourous Industries Nuisance By-law 4202(2020); AND THAT the report further examine existing odour testing data and provide recommendations for revised odour limits that align more closely with the community expectations, while respecting industry standards; AND THAT as part of this review, staff be directed to consult the Town’s odour expert to obtain professional insights and recommendations on appropriate odour thresholds; AND THAT staff are directed to further investigate enforcement technologies that can be used to detect odour to ensure the nasal ranger is sufficient for the Town of Pelham’s needs; AND THAT staff are directed to maintain the existing by- law, however, provide analysis on potential odour thresholds reduction options; AND THAT staff be directed to review odour emission penalties and provide Council
Moved by Councillor John Wink, seconded by Councillor Kevin Ker
Carried
BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. RC-12/2024 - July 10, 2024 - Regular Council
Moved by Councillor Brian Eckhardt, seconded by Councillor Shellee Niznik
Carried
BE IT RESOLVED THAT Council amend the resolution to include:  AND THAT Council direct staff to prepare a report, in Q4, regarding maintenance of Town boulevards fronting properties, its impact on staff (time and financial considerations), and potential options moving forward.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Shellee Niznik
Carried
BE IT RESOLVED THAT the Q2 2024 Public Works Department Report be received for information; AND THAT Council direct staff to prepare a report, in Q4, regarding maintenance of Town boulevards fronting properties, its impact on staff (time and financial considerations), and potential options moving forward.
Moved by Councillor Bob Hildebrandt, seconded by Councillor Shellee Niznik
Carried
BE IT RESOLVED THAT Council receive Report # 2024-0160 -Clerks - Joint Accessibility Advisory Committee (JAAC) – 2024-2026 Proposal; AND THAT Council approve the 2024-2026 Proposal to coordinate AODA Compliance for 2024-2026 with The Herrington Group Ltd., at a cost of $10,000 per year; AND THAT the Town Clerk be directed to prepare the necessary by-law authorizing the Mayor and Clerk to execute the said Agreement for the next Regular Meeting of Council.
Moved by Councillor Kevin Ker, seconded by Councillor Shellee Niznik
Carried
BE IT RESOLVED THAT Council receive Report #2024-0173-Corporate Services, for information; AND THAT Council approve the Town of Pelham entering into a Electricity Hedging with Local Authority Services (LAS) effective January 1, 2025 after final review from the Town Solicitor; AND THAT Council approve Option #2 at 50% of all accounts for Electricity Hedging.
Moved by Councillor John Wink, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT Council receive Report #2024-175 Station Street Extension Detailed Design & Development Charges Refund Agreement, for information; AND THAT Council direct the Mayor and Clerk to execute the Development Charges Refund Agreement on behalf of the Town.
Moved by Councillor Brian Eckhardt, seconded by Councillor Bob Hildebrandt
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-laws: 1. By-law 52-2024 - Being a By-law to amend Zoning By-law 4481(2022), as amended, for lands on the south side of Canboro Road and north side of Daleview Drive, legally described as Part of Block "U", Plan 717, and Part of Lot 37, Plan 722, in the Town of Pelham, Regional Municipality of Niagara from the Residential Multiple Two (RM2) zone to the R2-165 (Residential 2-165) and RM1-166 (Residential Multiple 1-166) zones. Canboro Estates (82-90 Canboro Road). File No. AM-02-2024
Moved by Councillor Kevin Ker, seconded by Councillor Shellee Niznik
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-laws: 2. By-law 53-2024 - Being a By-law to Authorize the Mayor and Clerk to enter into an Agreement with Sterling Realty (Niagara) Inc. for the Refund of Development Charges Relating to the Construction of Station Street from Port Robinson Road to Walker Road.
Moved by Councillor Kevin Ker, seconded by Councillor Shellee Niznik
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: (e) - litigation or potential litigation, including matters before administrative tribunals, affecting the municipality (1 item - Cannabis)
Moved by Councillor Wayne Olson, seconded by Councillor Brian Eckhardt
Carried
BE IT RESOLVED THAT Council reconvene the regular meeting; AND THAT Council adjourn the In Camera Session and that Council do now Rise: With No Report AND THAT the Chief Administrative Officer be and is hereby authorized to undertake the directions provided during the In Camera meetings held August 14, 2024.
Moved by Councillor Brian Eckhardt, 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. 54-2024 to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 14th day of August, 2024.
Moved by Councillor John Wink, seconded by Councillor Wayne Olson
Carried
BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for September 4, 2024 at 9:00 am.
Moved by Councillor Kevin Ker, seconded by Councillor John Wink
Carried

The town’s own record

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