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MINUTES - Council - 20111003 TOWN OF AURORA SPECIAL COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Monday, October 3, 2011 ATTENDANCE COUNCIL MEMBERS Mayor Dawe in the Chair; Councillors Abel, Gallo, Humfryes, and Pirri MEMBERS ABSENT Councillors Ballard, Buck, Gaertner, and Thompson OTHER ATTENDEES Director of Legal Services/Town Solicitor, Manager of Legislative Services/Deputy Clerk, Manager of By-law Services, Legal Administrative Assistant, and Council/Committee Secretary Mayor Dawe called the meeting to order at 4:18 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA Moved by Councillor Abel Seconded by Councillor Gallo THAT the agenda as circulated by the Customer and Legislative Services Department be approved. CARRIED III DANGEROUS DOG APPEAL HEARINGS Hearing One: Town of Aurora vs Ms Roxanna Farrell The Director of Legal Services/Town Solicitor provided the order of procedure for the Hearing and noted that a decision would be rendered with a final and binding Order, in writing, following the Hearing. The Manager of By-law Services (the “Case Presenter”) for the Town of Aurora informed Council that the first Appeal Hearing regarding Ms Roxanna Farrell has a pending Ontario Court of Justice Provincial Offences Division Hearing scheduled for October 17, 2011 as she has been charged under the Dog Owners Liability Act and Part 3 under the Provincial Offences Act. He requested that the matter vs the Town be set aside until after the October 17, 2011 Hearing. Ms Farrell was in attendance and agreed that this was reasonable. Council ruled that this matter be rescheduled to a later date. Special Council Meeting Minutes Monday, October 3, 2011 Page 2 of 3 Hearing Two: Town of Aurora vs Mr. Ronald John Verbakel The Case Presenter entered a copy of the Town of Aurora Dog Licensing and Control By-law into evidence and noted that Mr. Ronald John Verbakel (the “Appellant”) was served a Dangerous Dog Notice on September 7, 2011 regarding an incident that occurred on August 30, 2011. He provided the six Conditions attached to the Notice and advised that full disclosure was given to the Appellant. The Case Presenter informed Council that, through evidence and witnesses, he would establish why the Dangerous Dog Notice was issued and that it should stand. The Case Presenter called his first witness, Mr. Robert Brooks, to the stand to answer a series of questions and had Mr. Brooks relate, in detail, events related to the incident of August 30, 2011. Council was given the opportunity to ask Mr. Brooks questions for clarification and the Appellant cross-examined Mr. Brooks. The Case Presenter called his second witness to the stand, Mr. Eric Schafranek, an employee of the Ontario Society for the Prevention of Cruelty to Animals (OSPCA), and assigned to the Town of Aurora. Mr. Schafranek outlined his investigation and the events of August 30, 2011 and provided information regarding previous alleged incidents and the issuance of the Dangerous Dog Notice. The Case Presenter entered the Appellant’s dog license, the veterinary bill, and pictures of the puncture wounds into evidence. The Appellant cross-examined Mr. Schafranek and answered follow-up questions by the Case Presenter. The Case Presenter rested the Town of Aurora’s case with no further witnesses. The Appellant advised that his dog, Leroy, is not dangerous and has always been in his care and control. He stated that previous incidents were unproven and were hearsay. He said that muzzling his dog would be unfair and requested Council to reconsider the Conditions of the Notice. He entered the Town of Aurora’s report into evidence. The Case Presenter and Council asked questions of the Appellant for clarification. Council adjourned into private deliberation at 5:09 p.m. and reconvened into open session at 5:32 p.m. The Director of Legal Services/Town Solicitor stated that, after consideration of the evidence, an oral decision had been reached and that a written Order would follow. He advised that Council ordered Conditions 1, 2, 4, 5, and 6 of the Dangerous Dog Notice to remain, and that Condition 3, regarding attaching a muzzle to the dog known as Leroy, be conditional on the Appellant and Leroy completing an OSPCA-approved dog training program to the satisfaction of the Town and the OSPCA within six (6) months, after which Condition 3 would be removed. The Director noted that, should this training not be completed in the required time frame, Condition 3 would become permanent. Special Council Meeting Minutes Monday, October 3, 2011 Page 3 of 3 IV ADJOURNMENT Moved by Councillor Abel Seconded by Councillor Gallo THAT the meeting be adjourned at 5:35 p.m. CARRIED ________________________________ ________________________________ GEOFFREY DAWE, MAYOR CINDY JANZEN, DEPUTY CLERK THE MINUTES OF THE SPECIAL COUNCIL MEETING OF OCTOBER 3, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON OCTOBER 11, 2011.