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07 28 2015 Sp Council Meeting MinutesTolzip o�r Proud Heritage, Exciting Future Tuesday, July 28, 2015 The Township of Oro-Medonte Special Council Meeting Minutes Council Chambers, 11:00 a.m. Closed Session Oro-Medonte Community Centre, 3:00 p.m. Open Session 2014-2018 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Barbara Coutanche Councillor Scott Macpherson Councillor Phil Hall Councillor John Crawford (arrived at 11:12 a.m.) Councillor Scott Jermey Time: 11:09 a.m. Staff Robin Dunn, Chief Administrative Officer; Doug Irwin, Director, Corporate Present: Services/Clerk; Jerry Ball, Director, Transportation & Environmental Services; Andria Leigh, Director, Development Services; Donna Hewitt, Director, Corporate & Strategic Initiatives; Shawn Binns, Director, Recreation and Community Services; Hugh Murray, Fire Chief; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Samah Othman, Supervisor, Communications and Customer Service; Darcy Brooke- Bisschop, Coordinator, Economic Development/Communications; Harold Daynard, Manager of Information Technology, Patrick Howse, Information Management Technician; John Mascarin, Aird & Berlis LLP, S/Sgt. Don Fawcett, Barrie Detachment, Ontario Provincial Police Also Closed Session, Township Administration Centre: None. Present: Open Session, Oro-Medonte Community Centre: Eric Pardy, Mary & Gary Hadley, Doug Moles, David Simonds, Adriana Steyn-Curylo, Eugene Curylo, Greg & Carol Howard, Kerri FitzGerald, Allan Fisher, Lorie Gunn, Syd Bradley, G. Lovering, Sandy Agnew, Heather Pressnail, Bruce Hovey, Jack Besse, Paul Martin, Mark Scharf, Tom Lyons, Phil Berry, Bruce Livingston, Judi & Mery Bolton, Sue Roehner, Margaret Hasting, Bev Parcells, David Robinson, Sheila Craig, R. Milliard, Joan Milliard, Nancy Jacquemain, Marg Murray, Mel Coutanche, Wm Hargreaves, Shirley Clark, Warren Clark, Tom McCullough, Edna Caldwell, Mike Milliard, Marilyn Lehmann, Ann Truyens, Doug Murray, Doug McKenzie, Tom Kurtz, Maya Tachteris, Yvonne Klima, John Hawkins, Maureen & Stephen White, Michael & Anna Pape, Melissa Richardson, Deb & Doug McKenzie, Joanne Worrall, Bonnie Fiebig, Page 1 of 7 Special Council Meeting Minutes — Tuesday, July 28, 2015. Wendy Stringer, James Coad, D.J. Stunden, Michael Rumble, Valerie Samson, Shirley & William May, Orval Hutchinson, Durney & Evelyn O'Reilly, Reg Carson, Barb Miller, Vic Powers, Jorge Bartolo, Sharon Levesque, Sharon & Ron Matchett, Pam Couighan, Rod MacKennan, Blair & Maureen Bowers, Ray Worrall, Lynn Thomson, Al & Amanda Sinclair, Judy Wright, M. Zaharopoulas, T. Shainline, Mike & Caroline Bowman, Jo -Anne Boville, Elizabeth Levine, Diane Fisher, Beth Power, Julius Degen, Peggy Degen, Ruth Young, Nadia Fitzgerald, Ellie Colangelo, Dave Colangelo, Kalli Andre, Nancy Partridge, Joyce Smith, Paul Elliott, Colleen Weber, Kim Butler, Ross Cotton, Brian & Nancy Foster, Helen McNeely, Lynda Baxter, Lloyd Stringer, Eve Evans, Ann Budge, Tulaigh Pegg, Joanne Taylor, Klaus Kuch, Jacqueline Pegg, Donna Hazlett, Nancy McHardy, Heather Joyes, Bruce & Lyndie Malcolm, Doreen & Bill Leigh, Brenda Leonard, Keith Smith, Linda Gray, Yvonne Galbraith, Tim McHardy, Barbara Foster, Wendy Parkinson, Bruce Wiggins, Jon Colecca, V. Te Brugge, Fiona Tram, Dan Lambert, Bernice Van Loenen, Paul Van Loehen, Tom Winter, Everett Chan, Catherine Sutherland, Robert & Loretta Crawford, June Allegri, Nancy Pigden, June Cotton, Mary Langevin, Bill Leigh, H. Leake, Margaret Hallman, Jim & Nancy Partridge, Darrell Turner, Derick Lehman, Darren Parr, Bob & Norma Fournier, William Haughton, Tom Metsa, Mark Robinet, Amanda Sinclair, Shirley Busch, Jim Soule, Martin Graham, Luba & Jack Lowe, Fenna Sarachman, Leeanne Mitchell, Sandra Crawford, Tony Bierawski, Kathie & Al Pirrie, Lynda Crawford, Rebecca Chan, David Johnston, Suzanne Robillard (1 illegible) 1. Call to Order- Private Prayer/Moment of Reflection: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer/moment of reflection. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. SC150728-1 Moved by Jermey, Seconded by Hall Be it resolved that the agenda for the Special Council meeting of Tuesday, July 28, 2015 be received and adopted. Carried. Page 2 of 7 Special Council Meeting Minutes — Tuesday, July 28, 2015. Motion No. SC150728-2 Moved by Coutanche, Seconded by Macpherson Be it resolved that Rule 3.7c) of Procedural By-law 2014-194 be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement. Carried. 3. Disclosure of Pecuniary Interest: Mayor H.S. Hughes declared a pecuniary interest on Items 4c) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek); 4d) Robin Dunn, CAO re: Solicitor - client privilege (Burl's Creek); 5a) Burl's Creek - Boots & Hearts Special Event; as his grandson, who is now a teenager, has lived in his household continuously since he was 6 months old. His biological parents do not. He began employment with the former owner of Burl's Creek in September, 2014. His grandson worked at the June 2015 Automotive Flea Market and anticipates working at the upcoming September 2015 Automotive Flea Market. Mayor Hughes subsequently learned that the application for zoning impacts the former owner. The former owner has an agreement to continue operating the Flea Market on lands within the zoning application. Hence, the financial impact for his grandson is extended by the Act to include Mayor Hughes as an elected official. Mayor H.S. Hughes was not present for these items and did not participate in the discussion or vote on these items. Deputy Mayor Hough assumed the Chair for the remainder of the meeting. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. SC150728-3 Moved by Macpherson, Seconded by Coutanche Be it resolved that we do now go in Closed Session at 11:11 a.m. to discuss • litigation affecting the municipality (Burl's Creek); • solicitor -client privilege (Burl's Creek). Carried. Page 3 of 7 Special Council Meeting Minutes — Tuesday, July 28, 2015. b) Motion to Rise and Report. Motion No. SC150728-4 Moved by Hall, Seconded by Jermey Be it resolved that we do now Rise at 1:38 p.m. and Recess until 3:00 p.m. at which time we shall Report on the Closed Session Items 4 c) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek); d) Robin Dunn, CAO re: Solicitor -client privilege (Burl's Creek); at the Oro-Medonte Community Centre. Carried. Council rose and recessed. Council reconvened at 3:03 p.m. at the Oro-Medonte Community Centre. c) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek). Mayor H.S. Hughes declared a pecuniary interest on Items 4c) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek); 4d) Robin Dunn, CAO re: Solicitor - client privilege (Burl's Creek); 5a) Burl's Creek - Boots & Hearts Special Event; as his grandson, who is now a teenager, has lived in his household continuously since he was 6 months old. His biological parents do not. He began employment with the former owner of Burl's Creek in September, 2014. His grandson worked at the June 2015 Automotive Flea Market and anticipates working at the upcoming September 2015 Automotive Flea Market. Mayor Hughes subsequently learned that the application for zoning impacts the former owner. The former owner has an agreement to continue operating the Flea Market on lands within the zoning application. Hence, the financial impact for his grandson is extended by the Act to include Mayor Hughes as an elected official. Mayor H.S. Hughes was not present for these items and did not participate in the discussion or vote on these items. The following staff were present: Robin, Dunn, CAO; Doug Irwin, Director, Corporate Services/Clerk; Andria Leigh, Director, Development Services; Shawn Binns, Director, Recreation & Community Services; Donna Hewitt, Director, Corporate & Strategic Initiatives, John Mascarin, Aird & Berlis LLP. Motion No. SC150728-5 Moved by Coutanche, Seconded by Macpherson Be it resolved that the confidential correspondence dated July 28, 2015 presented by Robin Dunn, CAO and John Mascarin, Aird & Berlis LLP re: Litigation affecting the municipality (Burl's Creek) be received. Carried. Page 4 of 7 Special Council Meeting Minutes — Tuesday, July 28, 2015. d) Robin Dunn, CAO re: Solicitor -client privilege (Burl's Creek). Mayor H.S. Hughes declared a pecuniary interest on Items 4c) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek); 4d) Robin Dunn, CAO re: Solicitor - client privilege (Burl's Creek); 5a) Burl's Creek - Boots & Hearts Special Event; as his grandson, who is now a teenager, has lived in his household continuously since he was 6 months old. His biological parents do not. He began employment with the former owner of Burl's Creek in September, 2014. His grandson worked at the June 2015 Automotive Flea Market and anticipates working at the upcoming September 2015 Automotive Flea Market. Mayor Hughes subsequently learned that the application for zoning impacts the former owner. The former owner has an agreement to continue operating the Flea Market on lands within the zoning application. Hence, the financial impact for his grandson is extended by the Act to include Mayor Hughes as an elected official. Mayor H.S. Hughes was not present for these items and did not participate in the discussion or vote on these items. The following staff were present: Robin, Dunn, CAO; Doug Irwin, Director, Corporate Services/Clerk; Andria Leigh, Director, Development Services; Shawn Binns, Director, Recreation & Community Services; Jerry Ball, Director, Transportation & Environmental Services; Hugh Murray, Fire Chief; Donna Hewitt, Director, Corporate & Strategic Initiatives, Samah Othman, Supervisor, Communications and Customer Service; Darcy Brooke-Bisschop, Coordinator, Economic Development/Communications; John Mascarin, Aird & Berlis LLP. Motion No. SC150728-6 Moved by Jermey, Seconded by Crawford Be it resolved that the confidential correspondence dated July 27, 2015 and confidential verbal information presented by Robin Dunn, CAO and John Mascarin, Aird & Berlis LLP re: Solicitor -client privilege (Burl's Creek) be received; and considered in conjunction with Item 5a) Burl's Creek — Boots & Hearts Special Event. Carried. Page 5 of 7 Special Council Meeting Minutes — Tuesday, July 28, 2015. 5. Reports of Municipal Officers: a) Burl's Creek - Boots & Hearts Special Event. Mayor H.S. Hughes declared a pecuniary interest on Items 4c) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek); 4d) Robin Dunn, CAO re: Solicitor - client privilege (Burl's Creek); 5a) Burl's Creek - Boots & Hearts Special Event; as his grandson, who is now a teenager, has lived in his household continuously since he was 6 months old. His biological parents do not. He began employment with the former owner of Burl's Creek in September, 2014. His grandson worked at the June 2015 Automotive Flea Market and anticipates working at the upcoming September 2015 Automotive Flea Market. Mayor Hughes subsequently learned that the application for zoning impacts the former owner. The former owner has an agreement to continue operating the Flea Market on lands within the zoning application. Hence, the financial impact for his grandson is extended by the Act to include Mayor Hughes as an elected official. Mayor H.S. Hughes was not present for these items and did not participate in the discussion or vote on these items. Motion No. SC150728-7 Moved by Macpherson, Seconded by Coutanche Be it resolved That the verbal information presented by Robin Dunn, CAO re: Burl's Creek — Boots & Hearts Special Event be received. And Whereas the Township has entered into a Memorandum of Understanding with Burl's Creek to address a number of specific matters relating to the operational aspects of the events, including reimbursement to the Township of various expenses and the provision of financial securities Now Therefore Be it Resolved that the Township of Oro-Medonte issues a Special Events Permit for the 92 acres which are appropriately zoned for Special Events at Burl's Creek, subject to: 1. The owners/applicants entering into such contractual arrangements to manage noise impacts to the community to the satisfaction of the Township, and 2. Compliance with all other matters deemed necessary and to the satisfaction of the Township. Carried. Page 6 of 7 Special Council Meeting Minutes — Tuesday, July 28, 2015. Motion No. SC150728-8 Moved by Crawford, Seconded by Jermey Be it resolved that the Township of Oro-Medonte denies a Special Events Permit for those lands beyond the 92 acres which are not appropriately zoned for Special Events at Burl's Creek. Carried. 6. Confirmation By -Law: a) By -Law No. 2015-140: Being a By -Law to Confirm the Proceedings of the Special Council Meeting held on Tuesday, July 28, 2015 Motion No. SC150728-9 Moved by Coutanche, Seconded by Macpherson Be it resolved that By -Law No. 2015-140: Being a by-law to confirm the proceedings of the Special Council meeting held on Tuesday, July 28, 2015 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Deputy Mayor. Carried. 7. Questions from the Public Clarifying an Agenda Item: 8. Adjournment: a) Motion to Adjourn. Motion No. SC150728-10 Moved by Jermey, Seconded by Crawford Be it resolved that we do now adjourn at 5:14 p.m. Carried. Page 7 of 7