Town of Pelham Regular Council Meeting

BE IT RESOLVED THAT the agenda for the April 19, 2023 Regular meeting of Council be adopted with the addendum of items 5.1.3.1 and 5.1.4, 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

BE IT RESOLVED THAT Council receive the presentation from Steve Langlois, Principal Planner at Monteith Brown Planning Consultants regarding the Town of Pelham Recreation Master Plan, 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

BE IT RESOLVED THAT Council receive the delegation from John and Joyce Sonneveld regarding the Town of Pelham Drainage Study for the Farr, Webber and River Road Area. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council receive the delegation from Ian McTaggart regarding the Town of Pelham Drainage Study for the Farr, Webber and River Road Area. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-07/2023- Regular Council Meeting - April 5 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

BE IT RESOLVED THAT the Consent Agenda items as listed on the April 19, 2023 Council Agenda be received and the recommendations contained therein be approved: 8.1 Staff Reports of a Routine Nature for Information or Action 8.1.1 Q1 2023 Fire and By-law Department Quarterly Report, 2023-0102-Fire Dept BE IT RESOLVED THAT the Q1/2023 Fire and By-law Enforcement Department Report be received for information. 8.1.2 Q1 2023 Public Works Department Quarterly Report, 2023-0101-Public Works BE IT RESOLVED THAT the Q1/2023 Public Works Department Report be received for information. 8.1.3 Q1 2023 Clerk's Office Quarterly Report, 2023-0073- Clerks BE IT RESOLVED THAT the Q1/2023 Clerk’s Report be received for information. 8.1.4 Q1 2023 Corporate Service Department Quarterly Report, 2023-0051-Corporate Services BE IT RESOLVED THAT the Q1/2023 Corporate Services Department Report be received for information. 8.1.5 Q1 2023 RCW Quarterly Report, 2023-0104-Recreation BE IT RESOLVED THAT the Q1 2023 Recreation, Culture and Wellness Department Report be received for information. 8.1.6 Q1 2023 Planning and Development Quarterly Report, 2023-0095-Planning BE IT RESOLVED THAT the Q1/2023 Community Planning and Development Department Report be received for information. 8.2 Action Correspondence of a Routine Nature 8.3 Information Correspondence 8.3.1 City of Thorold Thank You Letter to Town of Pelham Fire Department BE IT RESOLVED THAT Council receive the thank you letter dated March 30, 2023 from

BE IT RESOLVED THAT Council receive the verbal update from Councillor Olson regarding the Welland Pelham Chamber of Commerce, 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

That the motion be amended to add: THAT staff be directed to produce a report with specific advice, recommendations and options on how we might proceed with a municipal drain to cover the study area. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council receive Report #2023-0097 – Drainage Study for Farr, River, and Webber Road Area, for information; AND THAT Staff be directed to investigate the feasibility of dredging the roadside ditches and culverts along Farr and River Road within Public Works 2023 Operating Budget and/or the 2023 roadside ditching program; AND THAT Staff continues to participate in discussions with the developers on the east and west sides of River Road to identify potential long- term, comprehensive drainage and stormwater solutions; AND THAT staff be directed to produce a report with specific advice, recommendations and options on how we might proceed with a municipal drain to cover the study area. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council receive Report #2023-0105 – Lease Agreement with Fonthill Platform Tennis Club, for information; AND THAT Council approve the proposed lease agreement between the Town of Pelham and Fonthill Platform Tennis Club; AND THAT Council approve the by-law authorizing the Town of Pelham to enter into the said lease agreement and further authorizing the Mayor and the Town Clerk to sign the lease agreement. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council receive Report #2023-0098 – Pelham Summerfest 2023, for information; AND THAT the Clerk be authorized to make an application for a Special Occasion Permit for Pelham Summerfest on Thursday, July 13, 2023, Friday, July 14, 2023, Saturday, July 15, 2023 and Sunday July 16, 2023; AND THAT staff be directed to bring the necessary festival licensing by-laws for Council’s consideration at the next regular meeting of Council; AND THAT Council authorize a variance to the Town of Pelham Bylaw No. 4454(2022), being a By-law to regulate and control noise in the Town of Pelham for the purpose of facilitating the Summerfest musical venues being conducted as part of the event from 4:00 pm Friday, July 14, 2023, until 1:00 am on Sunday, July 16, 2023; AND THAT Council authorize the following road closures: Pelham Town Square from the rear entrance to the Fonthill Plaza to 60 m west from 4:00 pm Thursday, July 13, 2023 to 10:00 pm of the same day; Pelham Town Square entrance off Pelham Street from 7:00 am Friday, July 14, 2023 to noon, Monday, July 17, 2023; Pelham Street from Regional Road #20 (Hwy 20) to the south property line of 1419 Pelham Street from 7:00 am Friday, July 14, 2023 to 12:00 pm on Sunday, July 16, 2023; Pelham Street from the south property line of 1419 Pelham Street to College Street from 7:00 am Saturday, July 15, 2023, to 6:00 pm on the same day; Pelham Town Square from 150 m west of Station Street to its termination at the Fonthill Plaza en

BE IT RESOLVED THAT Council receive Report #2023-0093 – 2023 Review of Delegation of Powers and Duties – Administrative Authority By-law Update, for information; AND THAT Council consider the draft amendments to the Administrative Authority By-Law to delegate additional authority to various municipal staff positions; AND THAT the Clerk be directed to present the By- law for Council approval at the next regular meeting. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

BE IT RESOLVED THAT Council receive Report #2023-0094 Sidewalk Patio Encroachment Policy Update and New Approval Framework for Temporary Outdoor Patios, for information; AND THAT Council approve Policy No. S201-04 – Temporary Outdoor Patio on Municipal or Private Property, as revised; AND THAT Council direct staff to prepare an amendment to the Town’s Fees and Charges By-law to include an annual Temporary Outdoor Patio on Municipal Property Permit fee of $150.00. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and 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 26-2023 - Being a By-law to amend Zoning By-law 4481(2022), as amended, for lands located south of Port Robinson Road, east of Stella Street and west of the Steve Bauer Trail, legally described as Part of Lot 173, Geographic Township of Thorold, Now in the Town of Pelham, Regional Municipality of Niagara, from the Residential One (R1) and Environmental Protection (EP1) Zones to the site specific Residential Two – 156 (R2-156), Environmental Protection 1 (EP1) and Open Space (OS) zones. File No. AM-03-2020. 2. By-law 27-2023 - Being a By-law to Authorize the Execution of a Lease Agreement with Fonthill Platform Tennis Club for the lands and clubhouse facility at 1120 Haist Street. For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and Councillor Brian Eckhardt

WHEREAS the Town of Pelham supports local businesses and the local economy which contribute to community development and growth; AND WHEREAS emerging from the COVID-19 pandemic, supporting business resilience and growth is critical for Ontario’s economic recovery; AND WHEREAS businesses are still facing challenges in repaying funding received from repayable government support programs and navigating business operation in the absence of support programs; AND WHEREAS the special exemption provided by Council on June 15, 2020, to waive a maximum of six (6) parking space requirements for restaurants to operate pop-up parking lot patios was initially to provide relief to those businesses facing occupancy restrictions during the COVID-19 pandemic in 2020; AND WHEREAS the permission of temporary pop-up restaurant patios situated in parking lots does not comply with the Town Zoning By-law; AND WHEREAS Council provided two extensions to the special exemptions to permit temporary pop-up restaurant patios in parking lots in 2021 and 2022; AND WHEREAS Council deems the economic recovery of restaurants and mobile food services to be still impacted by poor economic conditions; NOW THEREFORE BE IT RESOLVED THAT Council for the Town of Pelham permit the temporary waiving of a maximum of six (6) parking spaces for restaurants to allow ‘pop-up’ parking lot patios for the remainder of 2023; AND THAT food trucks/refreshment vehicles be and are hereby permitted to operate within the Specialty Agr

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 - 1 item (Consideration of Appointments to Advisory Committees) For (7): Mayor Marvin Junkin, Councillor Bob Hildebrandt, Councillor Wayne Olson, Councillor John Wink, Councillor Kevin Ker, Councillor Shellee Niznik, and 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

BE IT RESOLVED THAT Council appoint the following individual to the Pelham Active Transportation Committee: 1. Thom Hounsell 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

BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 28-2023 to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 19th day of April, 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

BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next regular meeting scheduled for May 3, 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