C-20/2017 Monday, November 20, :30 PM Town of Pelham Municipal Office - Council Chambers 20 Pelham Town Square, Fonthill

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1 Meeting #: Date: Time: Location: C-20/2017 Monday, November 20, :30 PM Town of Pelham Municipal Office - Council Chambers 20 Pelham Town Square, Fonthill Members Present: Dave Augustyn Richard Rybiak Catherine King John Durley Peter Papp Gary Accursi Staff Present: Darren Ottaway Barbara Wiens Andrea Clemencio Paula Gilbert Bob Lymburner Nancy Bozzato Vickie vanravenswaay Marc MacDonald Teresa Quinlin Others Present Presenters Interested Citizens Media - Voice of Pelham; Cogeco Cable TV 1. Call to Order and Declaration of Quorum Noting that a quorum was present, the Mayor called the meeting to order at approximately 6:30 p.m. 2. Singing of National Anthem The National Anthem was sung by those present to officially open the meeting. 3. Approval of Agenda BE IT RESOLVED THAT the agenda for the November 20, 2017 Regular meeting of Council be adopted Amendment: 1

2 THAT the agenda be amended to consider Summerfest 2017 Final Report Following Item Amendment: Moved By Peter Papp Seconded By Gary Accursi THAT the agenda be further amended to add an item under Section 7.2, Business Arising out of the November 15, 2017 meeting. BE IT RESOLVED THAT the agenda for the November 20th, 2017 Regular Meeting of Council be adopted, as amended. 4. Disclosure of Pecuniary Interests and General Nature Thereof Councillor Papp disclosed a pecuniary interest relating to Item 14.2, the by-law relating to the sale of municipal property to Parkhill Properties, due to a professional relationship with the corporation. Councillor Papp vacated the Chamber and did not participate in the deliberations or voting on this matter. There were no further declarations of pecuniary interests from any of the members present. 5. Hearing of Presentation, Delegations, Regional Report 5.1 Presentations Envisioning Fenwick - East Fenwick Secondary Plan Representatives from SGL Planning and Design Inc. presented an update report, "Envisioning Fenwick" and the East Fenwick Secondary Plan, a copy available through the Clerk. Moved By Peter Papp BE IT RESOLVED THAT Council receive the presentation from SGL Planning & Design Inc. respecting Envisioning Fenwick - East Fenwick Secondary Plan, for information. 2

3 5. Hearing of Presentation, Delegations, Regional Report 5.2 Delegations John Wink, Summerfest Final Report Mr. John Wink, Chair of the Pelham Summerfest Committee, presented the final report of the 2017 event. A copy of the presentation materials is available through the Clerk. Moved By John Durley Seconded By Catherine King BE IT RESOLVED THAT Council receive the power point presentation from John Wink, Summerfest Committee respecting the 2017 Summerfest Final Report, for information. 5.2 Delegations Pelham Summerfest 2017 Final Report Moved By Catherine King Seconded By Richard Rybiak BE IT RESOLVED that Council receive the Concept Paper providing the Pelham Summerfest 2017 Final Report; and THAT the surplus funds realized in 2017 be carried forward to sustain the event in 2018 and be utilized for capital/legacy purchases; and THAT Council maintain the same level of funding for 2018 ($15,000). 5.3 Report of Regional Councillor Regional Councillor Baty did not provide a report for this meeting. 6. Adoption of Minutes Moved By Peter Papp Seconded By Catherine King BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. C-19/ Council Minutes, November 6, SC-26/ Special Council Minutes, November 6,

4 3. SC-27/ Special Council Minutes, November 15, Business Arising from Council Minutes 7.1 Declaration of Vacancy on Pelham Council Moved By John Durley Seconded By Catherine King WHEREAS Ward One Councillor, M. Junkin, has submitted a letter of resignation, effective November 6, 2017; and WHEREAS under such circumstances, the Municipal Act, S.O. 2001, s. 262(1) states, in part, that Council shall at its next meeting declare the office to be vacant; NOW THEREFORE BE IT RESOLVED that Council receive the letter of resignation from M. Junkin, dated November 6, 2017 submitted to the Clerk; and THAT the Council of the Town of Pelham hereby declares one Ward One Councillor seat for the Town of Pelham to be vacant, effective immediately. 7.2 Business Arising from November 15, 2017 MInutes Moved By Peter Papp Seconded By Gary Accursi WHEREAS former Town Councillor Marvin Junkin has allegedly stated to the Voice of Pelham and has alleged in an to Regional Councillor Tony Quirk dated November 12, 2017 that the Town has an additional $17,000, in debt and total debt of $59,000,000.00, that Mr. Junkin states is not disclosed on the Town s annual audited financial statements; AND WHEREAS Deloitte has assured the Town that the Town s annual audited financial statements are accurate; AND WHEREAS Mr. Junkin has inaccurately stated in an e- mail to Regional Councillor Tony Quirk dated November 12, 2017 that the Town caused a complete forensic audit to be conducted by KPMG and that the findings of such alleged complete forensic audit was presented during a closed meeting of Council on September 5, 2017; AND WHEREAS a privileged report was commissioned by the Town s lawyers and prepared by KPMG in the context 4

5 of litigation threatened by an identifiable individual, which was presented during a closed meeting of Council on September 5, 2017 (the Report ); AND WHEREAS Mr. Junkin breached his oath of office by disclosing the existence of the Report; AND WHEREAS the Town maintains its rights to litigation privilege over the Report; AND WHEREAS some members of the community and some Regional Councillors have called for release of what they refer to as the KMPG forensic audit, but what is, in fact, the Report, as a result of the disseminated false information relating to an allegation of an additional $17,000, of debt and total debt of $59,000,000.00; AND WHEREAS the release of the Report could be a violation of the Municipal Freedom of Information Act, as it contains personal information of an identifiable individual; AND WHEREAS Council is desirous of clearing up the misconception and allegations of Mr. Junkin and maintaining an accurate record of the finances of the Town. BE IT RESOLVED THAT: 1. The Town hereby directs the CAO to request that KPMG include in the forensic audit to be presented to Town Council on November 29, 2017, as permitted by its professional standards and reporting requirements, all of its financial findings and conclusions as set out in the Report, and together with pertinent updates, with all personal information about an identifiable individual, information relating to employee negotiations, and advice that is subject to solicitor-client privilege removed. 8. Request(s) to Lift Consent Agenda Item(s) for Separate Consideration No items were lifted, it being noted that the Summerfest report was considered earlier on the agenda. 5

6 9. Consent Agenda Items to be Considered in Block Moved By Catherine King Seconded By Richard Rybiak BE IT RESOLVED THAT the following Consent Agenda items be received and the recommendations contained therein be approved, as applicable: 9.1 Presentation of Recommendations Arising from COW, for Council Approval BE IT RESOLVED THAT Council approve the recommendations from the following: 1. COW-11/2017 Committee of the Whole Meeting, November 6, 2017; 9.2 Minutes Approval Committee BE IT RESOLVED THAT the following minutes be adopted as printed, circulated and read: 1. COW-11/2017 Committee of the Whole meeting, November 6, Staff Reports of a Routine Nature for Information or Action Pelham Summerfest 2017 Final Report BE IT RESOLVED THAT Council receive the Concept Paper providing the Pelham Summerfest 2017 Final Report; and THAT the surplus funds realized in 2017 be carried forward to sustain the event in 2018 and be utilized for capital/legacy purchases; and THAT Council maintain the same level of funding for 2018($15,000). (Considered following Item 5.2.1) Thursday Night Experience 2017 Final Report BE IT RESOLVED THAT Council receive the concept sheet, how might we provide council an update on the Thursday Night Experience knowing all three groups met and agreed; THEREFORE, the recommendations contained therein be approved as follows: THAT Council designate Pelham Supper Market, to be held on Thursdays June September 2018 in Peace Park, as a Municipally Significant Event; and THAT the area to be licensed under the Special Occasion Permit through the Alcohol and Gaming Commission of Ontario be the north portion of Peace Park, up to and including the sail; and THAT the Clerk be authorized to make an application for a Special Occasion Permit for Pelham Supper Market; and THAT Council approve road closures Thursday nights from June September from 7pm 9pm between 39 Pelham Town Square and 31 Pelham Town Square Third Quarter Financial Report BE IT RESOLVED THAT Council receive the 2017 Third Quarter Financial Reports, for information. 9.4 Action Correspondence of a Routine Nature Royal Canadian Army Cadets use of Arena Facilities for Cadet Corps Annual Review Ceremony BE IT RESOLVED THAT Council approve a request from the 613 6

7 Royal Canadian Army Cadets, dated October 26, 2017 to use the arena facilities for the Cadet Corps Annual Review Ceremony, held on June 2, 2018; and THAT the user fee be waived for this June 2, 2018 event. 9.5 Information Correspondence Items: BE IT RESOLVED THAT the following Correspondence Items be received for information: Thank you Lynda Ferguson BE IT RESOLVED THAT Council receive correspondence from Lynda Ferguson, dated November 9, 2017, regarding appreciation for the installation of new service club signs, for information Letter from Minister Bill Mauro and Minister Kevin Flynn to Heads of Council BE IT RESOLVED THAT Council receive correspondence from Bill Mauro, Minister of Municipal Affairs and Kevin Flynn, Minister of Labour, dated November 14, 2017, respecting a proposed amendment to Bill Fair Workplaces, Better Jobs Act 2017, for information Thank you Royal Canadian Legion Branch 613 BE IT RESOLVED THAT Council receive correspondence from the Royal Canadian Legion Branch 613, dated November 13, 2017, regarding appreciation for the support of the 2017 Poppy Campaign, for information. 9.7 Committee Minutes for Information Summerfest Committee Minutes October 11, 2017 BE IT RESOLVED THAT Council receive the Summerfest Committee Minutes, dated October 11, 2017, for information Pelham Seniors Advisory Committee Minutes, October 4, 2017 BE IT RESOLVED THAT Council receive the Pelham Seniors Advisory Committee Minutes, dated October 4, 2017, for information. 10. Items for Separate Consideration, if Any No items were lifted. 11. Presentation & Consideration of Reports There were no items presented. 12. Unfinished Business None 13. New Business None 7

8 14. Presentation and Consideration of By-Laws Councillor Papp, due to the previously disclosed pecuniary interest, vacated the Chamber for consideration of By-law 3936(2017) and did not participate in discussion on the by-law. The motion to consider the by-laws was divided. 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 No. 3935(2017) - Being a By-law to Amend By-law No. 3578(2015) appoint Tina Drummond to the Pelham Public Art Advisory Committee. Councillor Papp Vacated Chamber at this point 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: 2. By-law No. 3936(2017) - Being a By-law to authorize the sale of Town-owned lands, Part of Block 1, Plan 59M-432, Part 3 on 59R-15851, t/w Easement SN482259, Town of Pelham, to Parkhill Properties Corporation; and to authorize the Mayor and Clerk to execute all necessary documents to complete the transaction. Councillor Papp returned to the Chamber at this point. 15. Motions and Notices of Motion: None 16. Matters for Committee of the Whole or Policy and Priorities Committee: None 17. Matters Arising Out of Committee of the Whole or Policy and Priorities Committee: None 18. Resolution to Move in Camera: No In Camera Scheduled. 19. Rise From In Camera: Not Applicable. 8

9 20. Confirming By-Law Moved By Richard Rybiak Seconded By Catherine King BE IT RESOLVED THAT the following By-law be read a first, second and third time and passed: Being a By-law No. 3937(2017) to Adopt, Ratify and Confirm the proceedings of Council of the Town of Pelham at its Regular Meeting held on the 20th day of November, Adjournment Moved By Catherine King Seconded By Richard Rybiak BE IT RESOLVED THAT this Regular Meeting of Council be adjourned until the next special meeting scheduled for Wednesday, November 29th, 2017 at 6:30 pm. Mayor: Dave Augustyn Town Clerk: Nancy J. Bozzato 9