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HomeMy WebLinkAbout05/08/1995 . ~ . Council Minutes PRAYERS MUNICIPALITY OF CLARINGTON May 8, 1995 Minutes of a regular meeting of Council held on Monday, May 8, 1995, at 7:00 p.m., in the Council Chambers Councillor Hannah led the meeting in prayer. DECLARATIONS OF INTEREST There were no declarations of interest stated for this meeting. ROLL CALL Present Were: Absent: Also Present: PRESENTATION MINUTES PRESENTATION Acting Mayor M. Novak Councillor A. Dreslinski Councillor L. Hannah Councillor J. O'Toole Councillor P. Pingle Councillor D. Scott Mayor D. Hamre (On Vacation) Chief Administrative Officer, W. Stockwell Director of Community Services, J. Caruana Municipal Law Enforcement Officer, L. Creamer Director of Public Works, W. Evans Deputy Fire Chief, W. Hesson Treasurer,~. ~arano Director of Planning and Development, F. Wu Clerk, P. Barrie Acting Mayor Novak presented four Bronze Citizenship Badges and two gold Citizenship Badges to the Ninth Bowmanville Scout Troop. Council was advised that the recipients of the Gold Citizenship Badges also receive certificates from the Minister of Citizenship and Inunigration. Resolution #C-334-95 Moved by Councillor Pingle, seconded by Councillor Scott THAT the minutes of a regular meeting of Council held on April 24, 1995, be approved. "CARRIED" Mr. Wilson Little, Project Engineer, St. Mary's Cement, 410 Waverley Road, Bowmanville, addressed Council requesting a three-year time extension to the agreement which they entered into with the Municipality for the construction of an earthen berm along their dock. . . . Council Minutes PRESENTATION DELEGATIONS - 2 - May 8, 1995 Mr. Little indicated that the Port Darlington Community Association has advised that they will not oppose the request and St. Mary's will secure the agreement by bond. Resolution #C-335-95 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the Procedural By-law be suspended to allow for an additional delegation to be included; and THAT Mr. Doug Taylor be added to the list of delegates. "CARRIED" Sam L. Cureatz, 104 James Street West, Newcastle, addressed Council with respect to the Part Lot Control By-law for Borland Court and requested that Council approve the recommendations contained in Report PD-43-95 (Item #3 of Report #1) and pass the appropriate by-law. Mr. and Mrs. Herb and Linda Gasser, P.O. Box 399, Orono, LOB IMO, submitted a petition to Council requesting that the identity of the farmer who shot their dog and an accurate account of the entire situation be forwarded to them. Mr. Gasser reiterated the events which took place following the shooting of their dog on February 20, 1995 and asked specific questions of Council with respect to this matter. Peter S. Newell, Barrister & Solicitor, 200 King Street West, Suite 1100, Box 11, Toronto, M5H 3T4, addressed Council with respect to the actions taken by staff in the situation of Mr. and Mrs. Gasser's dog being shot by a farmer. Mr. Newell indicated that the Livestock, Poultry and Honeybee Protection Act is an antiquated act to which an amendment is required in order to curtail the rights of livestock owners. He advised that this amending legislation has been given first reading. In the Gasser situation, Mr. Newell questioned whether the Town has proper policies and procedures in place to deal with such a situation and whether Town staff is property selected and trained to confidently deal with the situation. He stated that the dog owner has to know whether the dog in question killed the poultry or livestock and, if the identity of such person is concealed, no knowledge can be gained by the dog owner. He indicated that staff misused the Municipal Freedom of Information and Protection of Privacy Act shamelessly to deny basic particulars always given to anyone when a fine is levied and collected. Councillor Pingle indicated that the next delegation, Eve Pingle, is a relative, however, they have never met and therefore she is not declaring a conflict of interest. Eve Pingle, 7167 Carscadden Road, Orono, LOB IMO, advised Council that on February 20, 1995, she received a telephone call from Linda Gasser advising that her dog had just been shot and Ms. Pingle drove Mrs. Gasser to the animal control shelter. She reiterated the circumstances pertaining to this situation. . . . Council Minutes DELEGATIONS COMMUNICATIONS - 3- May 8, 1995 Dr. Ted Kilpatrick, 2826 King Street East, Bowmanville, LlC 3K5, advised that he was the attending veterinarian to Reeta, the second of the Gasser's dogs which was shot by the livestock owner. He described to Council the injuries which the dog sustained in the shooting and questioned why the animal had not been brought to the veterinary immediately upon retrieval. He stated that in his dealings with the municipality he has always found the animal control officers to be very compassionate individuals in dealing with the animals, however, he feels an error was made in this case and requested Council to address the animal welfare situation. Sandy Cook, 8733 Leskard Road, Orono, LOB IMO, indicated that she has been a veterinarian for nine years and described to Council the human/animal bond and the grieving process that a pet owner goes through upon death of a pet. She requested that the animal control policies be updated and stated that the person responsible for the shooting of the animals should be in direct contact with the owner of the dogs. Mr. Doug Taylor, 1610 Concession Road 7, Enniskillen, LOB IHO, addressed Council on behalf of the residents of Bradley's Corners. Mr. Taylor stated that history books show that in the 1800's, Bradley's Corners was named and designated School Section 14. He is requesting that Council acknowledge the historical value of this community by recognition as a rural cluster in the Official Plan. Resolution #C-336-95 Moved by Councillor Scott, seconded by Councillor Pingle THAT the conununications to be received for information be approved with the exception of Items I - 3, I - 4, I - 14, I - 16 and I - 19. "CARRIED" I-I News Release received from the Siting Task Force - Engineering Designs Attract Port Hope Negotiators; I - 2 Correspondence received from Vera Lafferty, Secretary General, addressed to Mr. John Veldhuis, Chairman, Clarington Community Liaison Group - Resignation of John Veldhuis and Appointment of Mr. Harvey Thompson as Chairman of the Clarington Community Liaison Group; I - 5 Correspondence received from the Durham Region Economic Development Advisory Conunittee (DREDAC) - Durham Region Community Economic Development Strategy Consultation; I-6 Correspondence received from Judy Climenhage and Marilyn Burgess, Fundraising Committee, Clarington Osteoporosis Support Group - "W ALK-A-BOUT"; I - 7 Minutes of a meeting of the Clarington Museums/Clarke Museum & Archives Board of Directors Meeting held on April 4, 1995; . . . Council Minutes COMMUNICATIONS I-3andI-4 Senior of the Year Award M02.GE - 4- May 8, 1995 I - 8 Minutes of a meeting of the Local Architectural Advisory Committee held on March 21, 1995; I - 9 Correspondence received from Hazel McCallion, Mayor, City of Mississauga - Resolution reo Mandatory Sprinkler Protection - Seniors' Residence; I - 10 Correspondence received from Randy Henning, Durham Regional Police Association - Liquor Licence; I - 11 Correspondence received from Novina Wong, Metropolitan Clerk, The Municipality of Metropolitan Toronto. Resolution reo Harbourfront Centre; I - 12 Correspondence received from Alan Tonks, Chairman, Municipality of Metropolitan Toronto - Harbourfront Centre; I - 13 Correspondence received from Mr. T. Dupuis, Assistant General Manager, Atlantic Packaging Products Ltd. - 1994 Annual Report, Atlantic Soil Enrichment Program; I - 15 Correspondence received from Anne Golden, Chair, Greater Toronto Area Task Force - Announcement; I - 17 Correspondence received from Floyd Laughren, Minister of Finance - Highlights 1995 Ontario Budget Plan; I - 18 Correspondence received from Denise K. Evans, Regional Director Operations, Ministry of Transportation - Municipality of Clarington - 1995-96 King's Highway Connecting Link Program; I - 20 Correspondence received from Dale R. Clemens, Operations Technician, Regional Municipality of Durham - Q21O-95 - Foamswabbing of Watermains in the Municipality of Clarington; I - 21 Correspondence received from John Doubrough, Employee Services Manager, Central Ontario Electric, Ontario Hydro - Retail System Report for 1994; and I - 22 Correspondence received from John McAlpine, 1967 Conc. #6, Hampton, LOB 110 - 1995 Activities of the Solina Community Centre reo Liquor Licence. Resolution #C-337-95 Moved by Councillor Scott, seconded by Councillor Pingle THAT the items of correspondence received from Elaine Ziemba, Minister of Citizenship With Responsibility for Human Rights, Disability Issues, Seniors' Issues and Race Relations regarding Seniors' Month, be received for information. "CARRIED AS AMENDED LATER IN TIIE MEETING" (SEE FOLLOWING AMENDING MOTION) . . . Council Minutes COMMUNICATIONS I- 14 Overview of Waste Management in the GTA - 1990-1997 E07.GE I - 16 FOCUS - Ceremony of Memorial Plaque M02.GE I- 19 Subsidy for 1995 Road Improvements Fll.GE - 5- May 8, 1995 Resolution #C-338-95 Moved by Councillor Dreslinski, seconded by Councillor O'Toole THAT the foregoing Resolution #C-337-95 be amended by adding the following thereto: "and that a copy of the correspondence be forwarded to Roxy Barnes, Community Care.I' IICARRIED" The foregoing Resolution #C-337-95 was then put to a vote and CARRIED AS AMENDED. Resolution #C-339-95 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated April 20, 1995, from Richard Gilbert, Consultant in Urban Issues, forwarding a copy of Overview of Waste Management in the Greater Toronto Area: 1990-1997, be received for information. "CARRIED" Resolution #C-340-95 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated May 2, 1995, from Evylin Stroud on behalf of FOCUS, inviting all members of council and staff to attend the re-dedication ceremony of the memorial plaque which commemorates the 14 women who were murdered in the Montreal massacre, as well as all other female victims of violence in Durham Region, be received for information. "CARRIEDII Resolution #C-341-95 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated April 24, 1995, from Sarath Liyanage, Head, Program Management, Municipal Roads Office, Ministry of Transportation, advising of the Payments of Subsidy for 1995 Road Improvements, be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D-5 Bradley's Corners CIarington O.P.A. D25.TO D - 1 Telecommunications and Municipal Rights- of-Way AI2.TE D-2 Professional Qualifications of Assessment Personnel F27.CO D-3andD-8 Provision of Animal Control Services PI4.AN - 6- May 8, 1995 Resolution #C-342-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated April 28, 1995 from Douglas R. Taylor forwarding a petition for recognition of Bradley's Corners as a Rural Cluster be received; THAT the correspondence be referred to the Director of Planning and Development for review in conjunction with the Clarington Draft Official Plan; and THAT Douglas R. Taylor be advised of Council's decision. nCARRIEDI1 Resolution #C-343-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the correspondence dated April 13, 1995, from D. Laurence Mawhinney, President, Federation of Canadian Municipalities, regarding Telecommunications and Municipal Rights-Of-Way, be received and referred to the Chief Administrative Officer for review. IICARRIED" Resolution #C-344-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the correspondence dated April 19, 1995, from David Blakely, Director, District 14, regarding Professional Qualifications of Assessment Personnel, be received for information. "CARRIED" Resolution #C-345-95 Moved by Councillor Pingle, seconded by Councillor O'Toole THAT the correspondence dated April 27, 1995 from Linda Gasser and the correspondence dated April 25, 1995, from Trudy Reid, regarding Tender CL95-18 - Provision of Animal Control Services, be received; THAT the items of correspondence be referred to the Chief Administrative Officer and the Director of Community Services to be considered in conjunction with this matter; . . . Council Minutes COMMUNICATIONS D-4 Cutting of Trees Aspen Springs E04.GE D-7 Petition - Port Darlington Waterfront P01.GE D - 6 Condition of Driveway - Viola Ashton T04.GE - 7- May 8, 1995 THAT the tender be forwarded to the Solicitor for his review prior to the subject report being forwarded to the General Purpose and Administration Committee; and THAT Linda Gasser and Trudy Reid be advised of Council's decision. nCARRIEDll Resolution #C-346-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the correspondence dated April 29, 1995 from Arnold Mostert regarding the cutting of mature trees in the Aspen Springs Development be received; THAT Mr. Mostert be thanked for drawing this matter to the attention of the Municipality; THAT staff be directed to take all necessary action in accordance with Municipal Policy, practice and procedure to deal with the subject matter; and THAT Arnold Mostert be advised of Council's decision. "CARRIED" Resolution #C-347-95 Moved by Councillor Pingle, seconded by Councillor O'Toole THAT the petition regarding the Port Darlington Waterfront be received; THAT the correspondence be referred to the Chief Administrative Officer and the Clerk for review in conjunction with the review of this matter; and THAT Jamie Burns, lead petitioner, be advised of Council's decision. "CARRIEDU Resolution #C-348-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated April 26, 1995 from Viola M. Ashton regarding the construction of Solina Road north of the 6th Concession and the effect this work has had on her driveway be received; THAT the correspondence be referred to the Director of Public Works for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and - . . Council Minutes COMMUNICATIONS MOTION NOTICE OF MOTION REPORTS Report #1 G.P.A. Report May 1, 1995 UNFINISHED BUSINESS 1995 AMO Conference HI2.TR - 8- May 8, 1995 THAT Viola M. Ashton be advised of Council's decision. "CARRIED AS AMENDED LATER IN TIIE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-349-95 Moved by Councillor O'Toole, seconded by Councillor Hannah THAT the foregoing Resolution #C-348-95 be amended by adding the words "and James Kapteyn" after the words "Viola M. Ashton" in the last paragraph. lICARRIED" The foregoing Resolution #C-348-95 was then put to a vote and CARRIED AS AMENDED. Resolution #C-350-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 9:15 p.m. Resolution #C-351-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the General Purpose and Administration Conunittee Report of May 1, 1995, be approved. nCARRIED" Resolution #C-352-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the correspondence dated March 30, 1995, from Doug Raven, Executive Director, Association of Municipalities of Ontario, regarding the 1995 AMO Conference, be lifted from the table. IICARRIED" . . . Council Minutes - 9- May 8, 1995 UNFINISHED BUSINESS Resolution #C-353-94 Moved by Councillor Hannah, seconded by Councillor Scott THAT Councillor Dreslinski and Councillor Pingle be appointed Voting Delegates for the 1995 AMO Conference. "CARRIED" Resolution #C-354-95 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the correspondence dated March 30, 1995, from Doug Raven, Executive Director, Association of Municipalities of Ontario, regarding the 1995 AMO Conference, be tabled for the appointment of three more Voting Delegates at a later date. "CARRIED" Resolution #C-355-95 Moved by Councillor O'Toole, seconded by Councillor Hannah THAT the delegation of Mr. Wilson Little be acknowledged; THAT a three-year extension be granted to the existing agreement between St. Mary's and the Municipality for the construction of a berm on the shipping dock; and THAT Wilson Little be advised of Council's decision. IICARRIED" Resolution #C-356-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegations of Linda and Herb Gasser, Peter Newell, Eve Pingle, Dr. Ted Kilpatrick and Sandy Cook, be acknowledged and they be thanked for their input. "CARRIED" Resolution #C-357-95 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the Chief Administrative Officer conduct a review of the adequacies of procedures which are followed when animals are shot and the training of the animal control officers in handling such situations in future. (SEE FOLLOWING MOTION) . . . Council Minutes - 10- May 8, 1995 UNFINISHED BUSINESS BY-LAWS Resolution #C-358-95 Moved by Councillor Pingle, seconded by Councillor O'Toole THAT the foregoing Resolution #C-357-95 be amended by adding the following thereto: "and that this issue be referred to the Director of Conununity Services, the Treasurer and the Solicitor for answers to be provided to the following questions: 1. Were the Livestock Valuers ever called in this situation? 2. Was a receipt ever received for the funds which exchanged hands? 3. How many departments within the Municipality handle cash? 4. Why does the Treasurer not handle all the cash within the Municipality? 5. Is a log book kept by the Treasurer of all cash transactions? 6. Will the person who shot the dog hold the Municipality liable for the cash settlement which he has already received?" "MOTION LOST" Resolution #C-359-95 Moved by Councillor O'Toole, seconded by Councillor Scott THAT the foregoing Resolution #C-357-95 be amended by adding the following thereto: "THAT Herb and Linda Gasser be advised of Council's decision." "CARRIED" The foregoing Resolution #C-357-95 was then put to a vote and CARRIED AS AMENDED. Resolution #C-360-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 95-57 being a by-law to designate a certain portion of Registered Plan 40M-1680 as not being subject to Part Lot Control; 95-58 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Cambium Site Contracting in respect to the Garnet B. Rickard Recreation Complex - Landscaping; . . . Council Minutes BY-LAWS - 11 - May 8, 1995 95-59 being a by-law to amend By-law 77-33, as amended, a by-law to designate an area in the Bowmanville Central Business District as an Improvement Area and to establish a Board of Management for the Bowmanville Central Business Improvement Area; 95-60 being a by-law to amend By-law 77-33, as amended, a by-law to appoint members to the Board of Management for the Bowmanville Central Business Improvement Area; 95-65 being a by-law to amend By-law 94-129, being a by-law to define the purchasing and tendering policies and procedures applying to the purchase of all types of goods, works, and services by the Corporation of the Municipality of Clarington; and 95-66 being a by-law to adopt Amendment Number 60 of the Official Plan of the former Town of Newcastle. "CARRIED" Resolution #C-361-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-laws 95-57 to 95-60 inclusive, By-laws 95-65 and 95-66 be approved. "CARRIED" Resolution #C-362-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 95-61 being a by-law to amend By-law 91-100, being a by-law to authorize the entering into of an agreement with Martin Road Holdings Ltd., and the Corporation of the former Town of Newcastle for the development of Plan of Subdivision 18T-88046; 95-62 being a by-law to amend By-law 94-76, being a by-law to authorize the making of a servicing agreement and implementation of proposed Official Plan Amendment #56; 95-63 being a by-law to amend By-law 94-77, being a by-law to authorize the making of a servicing agreement and implementation of proposed Official Plan Amendment #56; and 95-64 being a by-law to amend By-law 91-42, being a by-law to authorize the entering into of an agreement between Markborough Properties Inc., West Bowmanville Developments Limited and the former Town of Newcastle. "CARRIED" . . . Council Minutes BY-LAWS OTIIER BUSINESS CONFIRMING BY-LAW ADJOURNMENT - 12- May 8, 1995 Resolution #C-363-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-laws 95-61 to 95-64 inclusive, be approved. "CARRIED" There were no items dealt with under this section of the agenda. Resolution #C-364-95 Moved by Councillor Hannah, seconded by Councillor Oreslinski THAT leave be granted to introduce By-law 95-67, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-365-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-law 95-67 be approved. "CARRIED" Resolution #C-366-95 Moved by Councillor Dreslinski, seconded by Councillor O'Toole THAT the meeting adjourn at 9:48 p.m. "CARRIED" ./dd//~~~/ MAYOR I ,