THE CORPORATION OF THE TOWN OF GRIMSBY September 15, 2008 COUNCIL

Transcription

1 THE CORPORATION OF THE TOWN OF GRIMSBY September 15, 2008 COUNCIL Minutes of a Council meeting held in Council Chambers on Monday, September 15, 2008, at 7:00 p.m. Present: Mayor R.N. Bentley Alderman N.B. Andreychuck Alderman S.D. Berry Alderman J.A. Cruickshank Alderman N.A. DiFlavio Alderman W.F. Fertich Alderman J.L. Johnston Alderman D. Kadwell Alderman D.B. Wilson Regional Councillor D.M. Zimmerman (arrived 8:05 pm.) Director of Building & By-law Enforcement, J.R. Schonewille (part time) Town Manager, G.D. Shay Town Clerk, K.J. Vout 1 CALL TO ORDER The Mayor called the meeting to order at 7:00 p.m. 2 DISCLOSURE OF INTEREST Alderman DiFlavio declared an indirect pecuniary interest with respect to Resolution #PW of the Public Works Committee minutes of September 3, 2008, in that he is a resident of Main Street West and he did not take part in discussion of the matter or vote on Resolution #C ADOPTION OF PREVIOUS COUNCIL MINUTES i) Council Minutes, August 18, DELEGATIONS Resolution #C Moved by Alderman Johnston; Seconded by Alderman Kadwell; "RESOLVED, That the Council minutes of August 18, 2008, be approved." i) Jo O'Brien, Director of Education, Alzheimer Society Niagara Foundation - Alzheimer Coffee Break Ms. Jo O'Brien attended the meeting to promote the Society s fundraiser, the 13th Annual National Coffee Break Day. She provided Page 1 of 9

2 information on the event and services the Society provides to the community and encouraged participation in the fundraising effort which last year raised over $82,000 in the Niagara Region. Mayor Bentley thanked her for her presentation and accepted a coffee break kit for use by Town employees. Resolution #C Moved by Alderman Wilson; Seconded by Alderman Kadwell; "RESOLVED, That the deputation by Jo O'Brien, Director of Education, Alzheimer Society Niagara Foundation, with respect to the Alzheimer Coffee Break campaign, be received." Council recessed at 7:10 p.m. to convene the Public Meeting. 5 PUBLIC MEETING - FIREARMS DISCHARGE BY-LAW i) Proposed Draft By-law and Current By-law John Schonewille, Director of Building and By-law Enforcement, reviewed the proposed draft firearms discharge by-law which he advised was an update of the current by-law that has been in effect since Delegations re Firearms Discharge By-law i) Greg Farrant, Manager, Government Relations & Communications, Ontario Federation of Anglers and Hunters Mr. Farrant advised that municipal by-laws in the interest of public safety must be based on facts, and he presented various information relating to safe hunting practices, mandatory hunter safety training, and benefits of controlling wildlife populations. He suggested that public safety could be protected without inhibiting hunters and recommended that Grimsby create safe hunting zones in the rural area above the escarpment and distinguish three classes of firearms for the purpose of facilitating safe hunting, allowing 1) the use of rifles up to.275 caliber, which is consistent with the firearms allowed for the Hamilton-Niagara Region under the F.W.C.A.; the use of shotguns and muzzleloaders (generally considered effective within 100 yards); and the use of archery equipment including crossbows, longbows and compound bows, which are again considered to be effective within a short range. ii) Barry F. Leighton, St. Catharines, Ontario Mr. Leighton advised that he has researched coyotes and their behaviour and he provided various information on coyote attacks. He expressed the opinon that the most effective means to reduce attacks is trapping and hunting, and suggested that there are some areas where firearms can be discharged safely. Page 2 of 9

3 iii) Lesley Sampson & James Brown, Coyote Watch Canada Ms. Sampson and Mr. Brown provided information on the coyote habitat and behaviour, noting that scientific research and data dispells myths about the danger of coyotes. She advised that many attacks attributed to coyotes are actually committed by dogs, and a coyote attack on humans would be extremely rare, likely a contributing factor would be people feeding the coyotes. She suggested that humans need to learn to coexist with the coyotes, and there are many strategies farmers can take to eliminate predation on their farms, offering assistance to any farmers in the area. iv) Ken Durham, Smithville Mr. Durham advised he is a dairy farmer in Grimsby, Lincoln & West Lincoln, and in his experience there are increasing numbers of coyotes that are causing a problem. In order to protect farms and livestock, he recommended that Grimsby's rules be consistent with Lincoln and West Lincoln, and that the discharge of firearms be allowed between the top of the escarpment and Mud Street. v) Fred Price, President, Triple X Hunting Club, Niagara Area, Vineland Mr. Price requested that the ban be lifted on all hunting in the Grimsby area, except within the urban area. He stated that hunters know the rules and regulations regarding safety and trespassing, and there are many areas within Grimsby where people can hunt safely. vi) Julie Cascio, West Lincoln Ms. Cascio advised she was also speaking on behalf of her neighbour, Mr. Jospeh Centurione, who had been attacked by coyotes and suffered multiple bites. She advised that her livestock had been attacked twice this year by coyotes and expressed fear that a human could be killed. She requested that the firearms discharge by-law be struck down. vii) Wayne Lymburner, Grimsby Mr. Lymburner suggested that a by-law to control discharge of firearms is unnecessary and will add nothing to public safety, citing various provincial and federal legislation regulating use of firearms and hunting. He indicated that both the proposed and the current bylaws containing provisions for discharge of firearms 150m and 150 yds. respectively from any building would prevent a farmer from dispatching a predator adjacent to his barn, and the proposed by-law would also prohibit harmless pursuits such as paintball and airsoft games. He requested that if Council deems a by-law to be necessary, it be rewritten to consider reasonable limits which respect the enjoyment of lawful property and addresses concerns for safety. Page 3 of 9

4 viii) Eckhard Methner, Grimsby Mr. Methner advised he has been hunting since he was a kid, going to farms with a pellet gun to kill rodents, etc. at the request of farmers. He expressed the opinion that the proposed by-law is too vague in its definition of firearms and that if a property permits and there is no danger, non-lethal firearms should be permitted. ix) Guntis Loja, Grimsby Mr. Loja suggested that the 150m from any building provision in the by-law is a problem. He advised he uses a shotgun to scare off flocks of birds and has target practiced on his farm for many years, and stated the by-law should make provisions for such activities. x) Tony Ferrara, Lincoln Mr. Ferrara stated that he wants the by-law totally eliminated. xi) Gerry Gamble, President, Sporting Clubs of Niagara, St. Catharines Mr. Gamble addressed the safety aspect, stating that the lawful use of firearms is not dangerous to the public, in addition to two levels of testing, owners of firearms are also subject to police checks. He also advised that insurance companies, which insure based on risk, provide liability insurance of $3 million for $7.95 per year, demonstrating the low risk. xii) Felix Barketti, Fonthill Mr. Barketti expressed the opinion that the matter of firearms discharge should be left to hunters and property owners, and that hunters are a valuable asset in wildlife management. xiii) Albert Witteveen, President, Niagara North Federation of Agriculture, West Lincoln Mr. Witteveen advised that the mandate of the Federation is to protect agriculture, indicating that several complaints have been received recently concerning loss of livestock due to coyotes and other wildlife in the Grimsby area. He requested that the discharge of firearms be allowed in the area between Mud Street and the escarpment to allow farmers the right to protect their livestock and livelihood. xiv) Rob Wiersma, Grimsby Mr. Wiersma addressed the matter of archery equipment being included in the by-law. He expressed the opinion that archery does not pose a threat and there is no reason to prohibit hunting or practising with the equipment. He also indicated that problems with coyotes and an escalating deer population are being experienced on Page 4 of 9

5 the farm. xv) Dan Wilson, St. David's Mr. Wilson advised he is a reporter and asked questions of the audience relating to the possibility of accidental injury or death by firearm. xvi) Tom Davies, Grimsby Mr. Davies questioned the provision in the by-law for no discharge of firearms within 150m of any building and expressed the opinion that practising shooting should be allowed on one's own property. xvii) Aaron Barbour, Conservation Officer, Ministry of Natural Resources Mr. Barbour provided information relating to hunting regulations and methods, advising that the Ministry relies on hunters for wildlife management. He suggested that hunting could be allowed south of the escarpment. 7 Correspondence re Firearms Discharge By-law i) Ontario Federation of Anglers and Hunters ii) iii) iv) Ministry of Agriculture, Food and Rural Affairs and additional correspondence from Derek Witlib, 7 Evelyn Court, Fonthill from Bob Mackie, 3922 Zimmerman Rd., Beamsville v) from Jeff Leslie, 227 Lake St., Grimsby vi) vii) viii) from John Gillespie, 203 Ridge Rd. E., Grimsby Frank England, President, Grimsby Conservation Club letter from K. Riexinger Mayor Bentley thanked all those in attendance for providing their input on the matter to Council, as well as those who had submitted correspondence. He advised that all opinions and suggestions would be taken under advisement and a staff report will be prepared to be considered by Committee/Council in the future. The Mayor adjourned the Public Meeting at 9:40 p.m. Council reconvened at 9:48 p.m. Page 5 of 9

6 8 APPROVAL OF COMMITTEE MINUTES i) Public Works Committee, September 3, 2008 Resolution #C Moved by Alderman Berry; Seconded by Alderman Fertich; "RESOLVED, That the Public Works Committee minutes of September 3, 2008, be approved." ii) Planning and Development Committee, September 9, 2008 Resolution #C Moved by Alderman Kadwell; Seconded by Alderman Johnston; "RESOLVED, That the Planning and Development Committee minutes of September 9, 2008, be approved." 9 CORRESPONDENCE i) BOOST Child Abuse Prevention & Intervention - Request for Proclamation of October as Child Abuse & Neglect Prevention Month Resolution #C Moved by Alderman Johnston; Seconded by Alderman Wilson; "RESOLVED, That the correspondence dated August 12, 2008, from BOOST Child Abuse Prevention & Intervention, be received and that the month of October be proclaimed 'Child Abuse & Neglect Prevention Month'." ii) CUPE Ontario and Ontario Coalition for Better Child Care - Request for Proclamation of 'Child Care Worker & Early Childhood Educator Appreciation Day' Resolution #C Moved by Alderman Fertich; Seconded by Alderman Andreychuk; "RESOLVED, That the correspondence dated August 25, 2008, from CUPE Ontario and the Ontario Coalition for Better Child Care, be received, and that Wednesday, October 22, 2008, be proclaimed 'Child Care Worker & Early Childhood Educator Appreciation Day'." Page 6 of 9

7 iii) Tony Quirk, Chair, The Merchants of Downtown Grimsby - Designation of Festival at the Forty Resolution #C Moved by Alderman Andreychuk; Seconded by Alderman Fertich; "RESOLVED, That the correspondence received September 10, 2008, from Tony Quirk, Chair, Grimsby Downtown Improvement Area with reference to the Festival at the Forty, be received and the 2009 Festival be designated a 'Community Festival'. iv) Fire Prevention Week - Request to Proclaim October 5-11, 2008 Resolution #C Moved by Alderman Fertich; Seconded by Alderman Cruickshank; "RESOLVED, That Report FCR dated September 9, 2008, with reference to Fire Prevention Week, be received and that October 5-11, 2008, be proclaimed Fire Prevention Week in the Town of Grimsby." v) Minister Donna Cansfield, Ministry of Natural Resources - Strategies for Preventing and Managing Human-Wildlife Conflicts in Ontario & Human-Deer Conflicts in Southern Ontario Resolution #C Moved by Alderman Berry; Seconded by Alderman Fertich; "RESOLVED, That the correspondence dated September 10, 2008, from the Minister of Natural Resources, with reference to Strategy for Preventing and Managing Human-Wildlife Conflicts in Ontario & Strategy for Preventing and Managing Human-Deer Conflicts in Southern Ontario, be received." vi) Resolutions from Other Municipalities - Town of Innisfil; Ontario Energy Board Order - City of Thorold; Buy Canadian Policy - Town of Halton Hills; Challenges from Implementation of Provincial Growth Legislation - Town of Milton; Deposit/Return System on Aluminum and Plastic Drink Containers - City of Owen Sound; Exemption of PST on Goods and Services for Municipalities and Police Services Page 7 of 9

8 Resolution #C Moved by Alderman Johnston; Seconded by Alderman Wilson; "RESOLVED, That the correspondence listed as Resolutions from Other Municipalities, be received." vii) Resolution from Town of Halton Hills 10 BYLAWS Resolution #C Moved by Alderman Cruickshank; Seconded by Alderman Andreychuk; "RESOLVED, That the correspondence from the Town of Halton Hills dated August 13, 2008, incorporating a resolution requesting a provincial public inquiry into challenges facing municipalities from implementation of provincial growth legislation such as the Places to Grow Act and Bill 51 amendments to the Planning Act, be referred to planning staff for report." i) To Authorize the Assumption of Certain Highways in the Town of Grimsby (Conrad Place) ii) To Remove Certain Lands from Part Lot Control (Gardenview Subdivision, Block 100, Plan 30M-369) iii) To Authorize an Amendment to the Subdivision Agreement between Losani Homes (1998) Ltd. and The Corporation of the Town of Grimsby for the Gardenview Subdivision, Block 100, Plan 30M-369 iv) To Confirm Proceedings of the Council meeting of September 15, 2008 Resolution #C Moved by Alderman Johnston; Seconded by Alderman Kadwell; "RESOLVED, That leave be given to introduce By-laws No to inclusive, and the same be now read a first time." Page 8 of 9

9 Resolution #C Moved by Alderman Wilson; Seconded by Alderman Johnston; "RESOLVED, That By-laws No to inclusive, just read a first time, be now read a second and third time and finally passed, that the Mayor and Town Clerk do sign and seal the same, any rule of this Council to the contrary notwithstanding." 11 NEW BUSINESS Council discussed the Region's request for comments on the Regional Growth Management Strategy relating to Grimsby's options for future growth. It was the consensus that the Town's preference would be growth in the west end; however the lands are within the greenbelt area and if the boundaries cannot be adjusted, growth above the escarpment should be considered. 12 NEXT MEETING The Mayor advised that the next regular meeting of Council is scheduled for Monday, October 6, 2008, at 7:00 p.m. in the Council Chambers. 13 ADJOURNMENT The meeting adjourned at 10:50 p.m. R.N. BENTLEY MAYOR K.J. VOUT TOWN CLERK Page 9 of 9