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Harbour East Community Council September 10, 1998 Agenda

PRESENT:

Councillor Ron Cooper, Chair
Councillor Clint Schofield, Vice-Chair
Councillor Harry McInroy
Councillor Jack Greenough
Councillor Condo Sarto
Councillor Bruce Hetherington
Councillor John Cunningham

STAFF:

Mr. Ed Thornhill, Regional Coordinator, Inspections/Enforcement
Ms. Julia Horncastle, Assistant Municipal Clerk


TABLE OF CONTENTS 

1. INVOCATION

2. APPROVAL OF MINUTES

3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS

4. BUSINESS ARISING OUT OF THE MINUTES - NONE

5. MOTIONS OF RECONSIDERATION - NONE

6. MOTIONS OF RESCISSION - NONE

7. CONSIDERATION OF DEFERRED BUSINESS

8. PUBLIC HEARINGS - NONE

9. CORRESPONDENCE, PETITIONS AND DELEGATIONS - NONE

10. REPORTS

11. MOTIONS - NONE

12. ADDED ITEMS

13. NOTICES OF MOTION - NONE

14. PUBLIC PARTICIPATION

15. ITEMS FOR NEXT AGENDA- NONE

16. NEXT MEETING

17. ADJOURNMENT


1. INVOCATION

The meeting was called to order at 7:00 p.m. with an invocation.

2. APPROVAL OF MINUTES

MOVED by Councillors Greenough and Hetherington that the minutes of July 9, 1998 be approved as circulated. MOTION PUT AND PASSED.

3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS

The Clerk requested information item "Staff Update - Atlantic Basketball Association" be added the information items portion of the agenda.

Councillor Hetherington requested the addition of the following items:

1. Circulation of Dartmouth Common Committee Terms of Reference
2. Walkabout Dartmouth Common
3. Change of meeting date
4. Correspondence re: Kiwanis Centre Beach and Park, Caldwell Road

MOVED by Councillors Sarto and Greenough that the Order of Business, as amended, be approved. MOTION PUT AND PASSED.

4. BUSINESS ARISING OUT OF THE MINUTES - NONE

5. MOTIONS OF RECONSIDERATION - NONE

6. MOTIONS OF RESCISSION - NONE

7. CONSIDERATION OF DEFERRED BUSINESS

7.1 Fence Permit Application - Kiwanis of Cole Harbour

Councillor Hetherington stated he has met with the residents of Caldwell Road and representatives of the Kiwanis Club advising there has been no resolve to this matter.

Councillor Greenough expressed disappointment that this could not be resolved by the parties concerned noting it is difficult for Council to impose something different than what the regulations provide for when the neighbourhood appears to be unanimous in its opposition to it. The Councillor stated he did not support the application.

Councillor Schofield stated that, as a result of the inability of the residents and the Kiwanis to resolve the dispute over the erection of an 8 foot fence, he was recommending that the application be denied.

MOVED by Councillors Schofield and Greenough that the application by the Kiwanis Club of Cole Harbour to erect an 8 foot fence on their property located on Caldwell Road, be rejected.

Councillor Sarto advised he had visited the site and commented that it is unfortunate that the situation could not be resolved.

Councillor Hetherington read the text of correspondence from Mr. David Richey regarding the Kiwanis Park. He noted the correspondence was requesting he exclude himself from any further deliberations regarding the project. The Councillors stated he represents his residents and in so doing will not exclude himself from discussion.

MOTION PUT AND PASSED UNANIMOUSLY.

Councillor McInroy noted there are a number of parks in the municipality that have water access which are not totally fenced and the erection of fencing may have an adverse affect on property values. He questioned whether there would be situations where a fence may or may not be necessary. The Councillor placed the following motion for consideration:

MOVED by Councillors McInroy and Hetherington that staff revisit the issue of fencing. MOTION PUT AND PASSED.

8. PUBLIC HEARINGS - NONE

9. CORRESPONDENCE, PETITIONS AND DELEGATIONS - NONE

10. REPORTS

10.1 Pilot Pet Parks

Councillor Sarto advised he had received calls from residents indicating that they were in agreement with the continuation of the leash laws for Dartmouth. He stated he feels ballfields, playgrounds and soccer fields not be designated as pet parks. The Councillor stated he was not supporting any area where pet owners take their dogs to run at certain hours of the day.

Councillor Cunningham stated he has never had a complaint about a dog that is under the effective control of its owner. He stated if there is an empty field that a dog owner wishes to exercise a dog in then he does not see a difficulty with this. The Councillor stated it has to come down to common sense and enforcement. He stated to name a park as a pet park may mean that people will come from all different areas to exercise their dogs which may result in ruination of the enjoyment of the park for people.

MOVED by Councillors Cunningham and Hetherington that Harbour East Community Council endorse the leash law as is without designating specific parks as leash free areas.

Councillor Hetherington noted that he had only received on call from someone wishing to use a ballfield in the early morning and advised ball players are against dogs running free on the sports fields as the majority of owners do not clean up after their dogs. He said he would support any Councillor who wished to designate a park in his own district but he would not support the Community Council picking and designating one.

Councillor Greenough stated that as long as an individual exercises common sense the status quo could be maintained.

Councillor McInroy expressed concerns that if no parks are designated will this affect the by-law. He stated he did not feel it is appropriate for dogs to run loose in playgrounds, playing fields, etc. He suggested the motion be referred to the legal department to ask if they would have any comment on how this might impact on the by-law.

Councillor Hetherington advised he had consulted a number of veterinarians and was informed that a dog needs to be walked twice a day but the dog does not need to run for health reasons.

MOTION PUT AND PASSED UNANIMOUSLY.

11. MOTIONS - NONE

12. ADDED ITEMS

12.1 Circulation of Dartmouth Common Committee Terms of Reference

Councillor Hetherington requested the Draft Terms of Reference for the Dartmouth Common Committee be circulated to the members of the Harbour East Community Council.

12.2 Walkabout - Dartmouth Common

Councillor Hetherington, on behalf of the Dartmouth Common Committee, invited the Harbour East Community Council to a walkabout on the Dartmouth Common commencing at 4:00 p.m. on October 15, 1998 prior to the Harbour East Community Council meeting.

12.3 Change of Meeting Date

Councillor Hetherington requested that the October meeting be held on October 15, 1998. Community Council agreed to the request.

12.4 Correspondence re: Kiwanis Centre Beach and Park , Caldwell Road

MOVED by Councillor Hetherington and Greenough the correspondence regarding the Kiwanis Centre Beach and Park, Caldwell Road be received for the record. Further it be circulated to members of Regional Council and referred to Wayne Anstey, Municipal Solicitor for comment back to the Harbour East Community Council. MOTION PUT AND PASSED UNANIMOUSLY.

13. NOTICES OF MOTION - NONE

14. PUBLIC PARTICIPATION

Mr. Barry Johnson, 710 Caldwell Road, referenced the correspondence from the Kiwanis Club and stated that it was offensive and advised that the Councillor has been diligent in doing his job as a Councillor in trying to resolve this matter without it becoming a major problem. He commended the Councillor on his efforts.

Mr. Charles Clattenburg, 707 Caldwell Road, spoke in support of Councillor Hetherington and his efforts in trying to resolve the Kiwanis issue.

Mr. Bob Morash, Caldwell Road, noted that the Welcome to Cole Harbour sign had been removed from Cole Harbour Road and requested that Community Council investigate the installation of a Welcome to Cole Harbour sign.

Mr. Jack Thomas advised there is a petition at Shubie Park regarding whether dogs should be leashed or unleashed and stated the majority was in support of dogs remaining leashed.

Mr. Thomas further noted school has been in for two weeks and stated for two years residents at the end of Montague Road have been asking for crosswalks for the children and requested an update. Councillor Cooper advised a request has been put to staff for the crosswalk and guard advising the Traffic Authority has disagreed with the request and the item is presently under discussion.

In response to Mr. Thomas with regards to controls on lakes, Councillor Cooper advised this is being examined.

15. ITEMS FOR NEXT AGENDA- NONE

16. NEXT MEETING

The next meeting is scheduled for Thursday, October 15, 1998 at 7:00 p.m

17. ADJOURNMENT

MOVED by Councillors Greenough and Sarto that the meeting be adjourned at 8:25 p.m. MOTION PUT AND PASSED.

Julia Horncastle
Assistant Municipal Clerk

Copyright © 1998, HRM
Last Revision: October 30, 1998