HomeMy WebLinkAbout05/08/1995
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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.
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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.
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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;
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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)
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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"
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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;
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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
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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"
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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)
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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;
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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"
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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"
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MAYOR
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