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Home My WebLink About03/25/2013 clarington Leading the Way COUNCIL AGENDA DATE: MONDAY, MARCH 25, 2013 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETINGS Minutes of a regular meeting of Council March 4, 2013 Minutes of a special meeting of Council March 11, 2013 Minutes of a special meeting of Council March 18, 2013 Minutes of a special meeting of Council March 19, 2013 PRESENTATIONS a) Wilma Kulyk, exciting windows! By Sensational Seams — Certificate of Recognition and Achievement DELEGATIONS (List as of Time of Publication) a) Dianne McKenzie, Executive Director, Epilepsy Durham Region — Request for Proclamation of"Epilepsy Awareness Day and Go Purple" (Correspondence Item D - 7) b) Mark Canning — Big Brothers Big Sisters Clarington — Road Hockey Tournament (Correspondence Item D - 5) COMMUNICATIONS Receive for Information - 1 Minutes of the Newcastle Memorial Arena Management Board dated February 12, 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 2 - March 25, 2013 1 - 2 Minutes of the Clarington Museums and Archives. Board dated February 13, 2013 1 - 3 Minutes of the Newcastle Community Hall Board dated January 15, 2013 1 - 4 Georg Krohn, Chair, Rotary Club of Bowmanville - "Second Rotary Super Spring Clean-up" Event 1 - 5 Judy Hagerman, Clarington Public Library Board Chair— Letter of Appreciation Receive for Direction D - 1 Linda Jeffrey, Minister Responsible for Seniors - 2013 Senior of the Year Awards D - 2 Heila Pitter, Outreach Services Manager, Bethesda House — Request for Service Banner Installation for Community Event D - 3 Garth Gilpin, Secretary Treasurer, Historic Downtown Bowmanviille Business Centre — Request for Street Closures for 2013 Events D - 4 Clinton Shane Ekdahl — Request for Proclamation of"Day of the Honey Bee" D - 5 Darlene Brown, Executive Director, Big Brothers Big Sisters of Clarington — Road Occupancy for Road Hockey Tournament D - 6 Sharon Ennis — "Gabby's Gift" —Walk for Spina Bifida D - 7 Dianne McKenzie, Executive Director, Epilepsy Durham Region — Request for Proclamation of"Epilepsy Awareness Day and Go Purple" D - 8 Derrick McKay, Race Director,. Courtice Kids Multisport Series — "Courtice Kids of Steel Triathlon" D - 9 Jade Harper, Executive Director, Victim Services of Durham Region — Request for Proclamation of"National Victim of Crime Awareness Week" D - 10 Katie Aston, Race Coordinator, Ragnar Relay Series/RAGNAR Events, LLC — Ragnar Relay Niagara Ontario 2013 Running Relay D,- 11 Mario Sergio, Minister Responsible for Seniors — Senior Achievement Award D - 12 Linda Gasser—Veridian Connections Appointment D - 13 Denise Holmes, CAO-Clerk/Treasurer, Township of Melancthon -Aggregate Resources Act(1990) Review Council Agenda - 3 - March 25, 2013 D - 14 Clarington Agricultural Advisory Committee — Central Lake Ontario Conservation Authority Stewardship Programs D - 15 Clarington Agricultural Advisory Committee — Staggering Terms of Appointment D - 16 Jim Richards —Veridian Board(s) Member Compensation COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of March 18, 2013 STAFF REPORT(S) UNFINISHED BUSINESS 1. Resolution #C-079-13 - Amendments to Responsible Pet Owners By-Law and Kennel Licensing By-Law BY-LAWS PROCEDURAL NOTICE(S) OF MOTION OTHER BUSINESS CONFIRMING BY-LAW ADJOURNMENT !,ending Elie{{'uy Council Meeting Minutes MARCH 4, 2013 Minutes of a regular meeting of Council held on March 4, 2013 at 7:00 p.m., in the Council Chambers. Councillor Hooper led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella, attended until 11:00 P.M. Director of Community Services, J. Caruana, attended until 11:00 P.M. Corporate Initiatives Officer, C. Clifford, attended until 11:00 p.m. Manager of Communication & Marketing, J. Cooke, attended until 8:05 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath, attended until 11:00 p.m. Director of Finance/Treasurer, N. Taylor, attended until 11:00 P.M. Director of Emergency Services/Fire Chief, G. Weir, attended until 11:00 P.M. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 11:00 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Partner indicated that she would be declaring a pecuniary interest with respect to Item 12 of Report #1, and By-laws 2013-024 and 2013-025. Later in the meeting, Councillor Partner indicated that she would be declaring a pecuniary interest with respect to Hand-Out Correspondence Item D - 12. Councillor Novak indicated that she would be declaring a pecuniary interest with respect to Correspondence Item I - 21 and Item 20 of Report#1. Council Meeting Minutes - 2 - March 4, 2013 ANNOUNCEMENTS Councillor Novak announced the following: • CLOCA's Annual Maple Syrup Festival at Purple Woods Conservation Area on Saturdays and Sundays, March 2, 3, 23 and 24 and March Break Saturday, March 9 to Sunday, March 17, 2013 • Solina Hall Annual General Meeting March 6, 2013 • Durham Cycles New Brochure • Veridian Connections joins epost with electricity e-bills for customers Councillor Partner announced the following: Ladies Night and Fashion Show sponsored by Orono Crown Lands and Orono Firefighters on March 7, 2013 at the Orono Arena Kendal Lions Roast Beef Dinner Fundraiser on March 15, 2013 from 6:00 p.m. to 9:00 p.m. at the Kendal Community Centre with all proceeds being donated to local and global Lions' charitable projects Orono BIA Easter Bunny Breakfast on March 30, 2013 from 9:00 a.m. to 11:00 a.m. at the Rebekkah Hall in Orono Councillor Traill announced the following: The Visual Arts Centre is accepting registrations for Children's Art Camp being held March 11 to 15, 2013 for children between the ages of seven and 12 Councillor Traill expressed appreciation to fellow Councillors who attended the Big Brothers Big Sisters Community Bowl Week event. Clarington full-time firefighters raised over $500, the "Ward 3 Rollers" raised over $300 with special thanks to Aleks Szumowska and Patrick Woodward who raised over $600. $25,000 in total was raised towards- Big Brothers Big Sisters goal of$100,000 Councillor Woo announced the following: • "Wendy's Partners" Bowling Team also participated in the fundraising event for the Big Brothers Big Sisters. He noted it is the 100th Anniversary of the Big Brothers Big Sisters Mentoring Program • He extended congratulations to Councillor Partner on being elected to the position of Vice-Chair of the Ganaraska Region Conservation Authority Executive for the next two years • Last Tuesday, he attended the Specialty Wealth & Financial Inc.'s opening of their new meeting room and conference facility in Newcastle which is available for rental to the public • On Saturday, March 16, 2013, fans of the Beatles can enjoy the sounds of the "Beatlers" (A Fab tribute) at the Newcastle Community Hall Council Meeting Minutes - 3 - March 4, 2013 Councillor Hooper announced the following: • Clarington Older Adult Association (COAA) is hosting their annual St. Patrick's Day Luncheon at 11:30 a.m. on March 12, 2013 • COAA Annual General Meeting on March 22, 2013 at 12:00 noon • He, along with Councillor Woo, attended the grand re-opening of Trade Tech Industries in Bowmanville Mayor Foster announced the following: • He encouraged residents to watch the Municipality's website for updates on MP Erin O'Toole's work on the Federal Electoral boundary issue • The deadline for applications to the Sustainable Clarington Advisory Committee is March 12, 2013 at 12:00 noon • He extended best wishes to Clara Weiss and Ada Kirkton, Clarington residents celebrating 100th birthdays • The deadline to apply to vacancies on the Board of Governors of Durham College is March 8, 2013. Further information is posted on the Municipality's website • Newcastle & District Chamber of Commerce is sponsoring a free skate at the Newcastle Memorial Arena on March 15, 2013, from 1:00 p.m. to 3:00 p.m. • Durham East 4H Club sign-up will be held on March 20, 2013 from 7:00 p.m. to 9:00 p.m. at the Baseline Community Centre • Ontario Power Generation's Darlington Nuclear Generating Station has been granted renewal of their operating license from the Canadian Nuclear Safety. Commission Resolution #C-062-13 Moved by Councillor Traill, seconded by Councillor Woo THAT the minutes of a regular meeting of Council held February 11, 2013 be approved. "CARRIED" PRESENTATIONS Joe Dickson, MPP, Ajax-Pickering, assisted by John O'Toole, MPP Durham, presented a Queen Elizabeth II Diamond Jubilee Medal to Ron Collis. Mr. Dickson highlighted Mr. Collis' volunteer service to the community in a variety of capacities, his leadership skills assisting local community organizations and his efforts in promoting the economic development of Clarington. Council Meeting Minutes - 4 - March 4, 2013 Mayor Foster advised the Queen Elizabeth II Diamond Jubilee Medal was created to mark the 2012 celebrations of the 60th anniversary of Her Majesty Queen Elizabeth II's accession to the Throne, and a way for Canada to honour Her Majesty for her service to our country. The medal also serves to honour significant contributions and achievements by Canadians. Mayor Foster highlighted the extraordinary achievements and voluntary efforts of tonight's recipients and presented Medals to the following individuals in recognition of their service to their fellow residents, community and country: Larry Bryan, Steven Cooke, Diane Hamre, Connie Hooey, Dave Lawson (accepted by Charlie Hastings), Reverend Bryan Ransom, Bonnie Reid and Myno Van Dyke. Roger Anderson, Chair, Regional Municipality of Durham addressed Council to present his Annual Address to Clarington providing an update on 2012 Regional activities and challenges and initiatives for 2013. Chairman Anderson provided a synopsis of the following milestones achieved in 2012: ® Approval of the move to direct election of the Regional Chair,commencing with the 2014 Municipal Elections • Negotiated a settlement with the Province on most issues under appeal with respect to the Regional Official Plan Amendment 128 with the vast majority of ROPA 128 being approved by the OMB resulting in an up-to-date Regional Official Plan. The Region can now consider approval of amendments to area Municipal Official Plans implementing ROPA 128 • Commencement of a ten-year program to replace 20,000 polybutylene water connections that are prematurely failing • $2.5 million invested in Clarington road projects including a section of Regional Road 20 just west of Highway 35 and a section of Highway 2 from Farewell Creek to Courtice Road which was rehabilitated with final work to be completed this spring ® Durham Region Transit (DRT) reached the 60 million rider mark • Durham York Energy Centre (DYEC) was recognized by KPMG as one of the top 100 global infrastructure projects for 2012 ® Durham Region broke a world record with the collection of used batteries for recycling in November • Launch of Reuse Days to boost diversion by repurposing unwanted items • "Durham Partners in Green" program was launched in April as part of the Region's Climate Change initiative • Durham Region Roundtable on Climate change finalized and published the Community Climate Change Local Action plan in November ® The Region gained 12 new affordable housing units in Oshawa last October ® Regional Health Department promoted programs to encourage active living and received Awards in several categories Council Meeting Minutes - 5 - March 4, 2013 • Tourism projects focused on growing the Region's culinary and sport tourism attractions as well, the Camp X exhibit at Regional Headquarters is a new attraction where people can learn about Durham's fascinating role in World War II and the 2"d Art of Transition Awards held in November celebrated creativity, collaboration and innovation to businesses, entrepreneurs and artists • 2012 was the first year of a three year program aimed at attracting foreign investment. Durham Region was directly promoted to targeted markets such as Brazil and China. The program also identified foreign companies currently operating in the Region • Durham Region's leadership and service excellence were recognized with the following awards:. • Ontario Accessibility Award • Gold Award from Excellence Canada • Transition Magazine won first place for marketing from the Economic Developers Association of Canada • Durham was recognized as a top-performing municipality by the Ontario Electronic Stewardship • North American Finance Officers Association recognized the Regional Budget with top honours Chairman Anderson also highlighted the following initiatives and challenges facing the Region in 2013: • 2013 Regional Budget includes $54.8 million for roads, $36.5 million for water and $52.6 million for sanitary sewers • The 2013 polybutylene water connection replacement program is allocating $11.3 million for 2000 replacements including 328 in Clarington • Investments in water and sewer facilities in Clarington including • $2 million for Phase I of the Courtice Trunk Sanitary Sewer • $800,000 for replacement of the SCADA system at the Newcastle Water Pollution Control Plant ® $660,000 for watermain replacement on Duke Street in Bowmanville • Ongoing construction of the new Port Darlington Water Pollution Control Plants • Sections of Liberty Street (Region Road 14) and Courtice Road (Region Road 34) will be rehabilitated at an estimated cost of$1.7 million • $812,000 has been allocated for traffic control and guiderail systems at 14 Clarington locations • Preparatory work for the Highway 407 East extension is underway with construction scheduled to begin this year. The Region has made adjustments to their roads forecast to coordinate with the Highway 407 work • Durham Transit anticipates carrying 11 million riders • Commencement of the construction of the Highway 2 Bus Rapid Transit (BRT) project. A "soft launch" of the Durham Pulse service will occur by July 2013, providing a peak period service of every 7.5 minutes on Highway 2 from Oshawa to the Scarborough campus of the University of Toronto Council Meeting Minutes - 6 - March 4, 2013 • Four-Year contract for ambient,air monitoring for the Durham York Energy Centre (DYEC) will begin in 2013 • Draft Communications Plan for the Durham York Energy Centre (DYEC) has been released for public comment until March 30, 2013 • Aspects of the Durham York Energy Centre (DYEC) Project are well underway and things are moving along well toward the 2014 completion date • Continuation of Bathroom Porcelain and Electronics waste diversion efforts. Plastic clamshell containers will be added to the list of recyclables • Installation of solar panels at three DRLHC seniors' buildings • The new Fairview Lodge currently under construction will be a LEED Silver building • Plans are in place to issue an RFP to solicit development proposals for 60 additional units under a Federal/Provincial funding program • Construction of the new Durham Regional Police East Division Station and Forensic Facility is anticipated to start in 2013 • Partnership with SPARK Centre to stimulate local innovation and entrepreneurship. Two new local entrepreneurs will be selected to participate in the Ignite Program — a start-up "boot camp" with expert advice and a $25,000 cash award • Retention of foreign companies operating in Durham Region will remain a priority with closer ties cultivated with those firms encouraging them to stay and expand in Durham Chairman Anderson summarized by stating that the Region's successes are rooted in great work by Regional staff, cooperation with the area municipalities and community partners,and the support of citizens and businesses. Members of Council questioned Chairman Anderson. DELEGATIONS Steve Krezanowski addressed Council concerning Item 4 of Report#1 — Report PSD-015-13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan confirming he supports the extension of George Reynolds Drive but is before Council to restate his concerns regarding the Environmental Protection area designation placed on his property and the positioning of the north/south roadway running parallel to Courtice Road in the new subdivision backing onto his property. He stated this road runs the entire length of his family's property noting their lots are 250 feet deep and the roadway is proposed to be 300 feet resulting in a loss of 50 feet from their property. Mr. Krezanowski has requested that the alignment be shifted 50 feet to the east to the buffer zone. He stated his property has no characteristics to justify the Provincially Significant Wetlands designation noting a large portion of the land is a manicured back yard. Mr. Krezanowski requested to Council to take into account his concerns and to adjust the plan accordingly. Council Meeting Minutes - 7 - March 4, 2013 Ben Edery addressed Council concerning Item 2 of Report#1 - Report PSD-013-13 - Application for a Proposed Official Plan Amendment and Zoning By-law Amendment. Mr. Edery stated he lives at the intersection of Queen Street and Queen Avenue and he is concerned that the vehicular entrance to the development will be on Queen Avenue and the road cannot support that volume of traffic. Mr. Edery stated he is a recent resident to the area but bought the property thinking it would be a quiet location. Mr. Edery stated he is in support of the development but would like the entrance to be from Queen Street, not Queen Avenue. Kevin Anyan addressed Council concerning Correspondence Item D - 11 - "Dogs for Dogs" Fundraising Event. Mr. Anyan explained the plans for the event to raise funds to assist in purchasing stoop & scoop bags for the park. He noted organizers are planning to set up a hot dog stand outside the dog park area and hope that Animal Services will be able to attend to help raise awareness of the park and to answer questions from the public. Mr. Anyan requested the Municipality's assistance in providing picnic tables, garbage cans and a port-a-potty and to waive any municipal fees associated with the event . Resolution #C-063-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the rules of procedure be suspended to alter the Order of the Agenda. "CARRIED" Resolution #C-064-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the Agenda be altered to consider Correspondence Item D - 11 at this time. "CARRIED" D - 11 Kevin Anyan, spokesperson on behalf of a group of dog lovers, requesting to host a "Dogs for Dogs" fundraising event in support of the newly- created dog park in Bowmanville on April 27, 2013, to raise money and awareness for the park; indicating that Animal Services and several dog supportive businesses will be setting up booths at the park, that hot dogs will be available for sale with proceeds being donated to the dog park, and that appropriate insurance will be secured; requesting that the Municipality supply picnic tables, garbage cans and a port-a-potty; and, that municipal fees associated with the event be waived. Council Meeting Minutes - 8 - March 4, 2013 Resolution #C-065-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the request from Kevin Anyan for picnic tables, garbage cans, and a port-a- potty be supported and that a grant be provided in an amount equal to the municipal fees associated with the "Dogs for Dogs" fundraising event. "CARRIED" Brendan Traynor addressed Council concerning Item 4 of Report #1 - Report PSD- 015-13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan. Mr. Traynor stated as a father and resident he is concerned with the extension of George Reynolds Drive as it will only bring more congestion to an area where lots of children live. Mr. Traynor feels the extension is not necessary and requested that Council not impose a road that the area residents do not want or need. Fred Johnson addressed Council concerning Item 4 of Report#1 - Report PSD-015-13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan. Mr. Johnson spoke in opposition to the extension of George Reynolds Drive noting over 80 households signed a petition against the extension. Mr. Johnson urged Council to consider the wishes of those directly affected and to vote `No' to the extension. Dorota and Matthew Sanchez addressed Council concerning Item 4 of Report#1 - Report PSD-015-13, Clarington Official Plan Amendment to Implement a Revised Hancock Neighbourhood Design Plan. Mr. Sanchez noted the Niblett Environmental Associates Limited report was far from a ringing endorsement to build the road. It is their opinion that it is not appropriate to construct a road that is not needed or wanted by the local residents. Resolution #C-066-13 Moved by Councillor Hooper, seconded by Councillor Novak THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 9:55 p.m. Council Meeting Minutes - 9 - March 4, 2013 COMMUNICATIONS Resolution #C-067-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the communications to be received for information be approved, with the exception of Correspondence Items 1 - 15 and 1 - 21. "CARRIED" 1 - 1 Minutes of the Newcastle Memorial Arena Management Board dated January 8, 2013 1 - 2 Minutes of the Clarington Museums and Archives Board dated January 9, 2013 1 - 3 Minutes of the Durham Nuclear Health Committee (DNHC) dated January 18, 2013 1 - 4 Minutes of the Clarington Safe Communities Advisory Committee dated January 24, and February 21, 2013 1 - 5 Minutes of the Clarington Accessibility Advisory Committee dated February 6, 2013 1 - 6 Minutes of the Clarington Agricultural Advisory Committee dated February 14, 2013 1 - 7 Minutes of the Orono Arena Community Centre Board dated February 19, 2013 1 - 8 Minutes of the Central Lake Ontario Conservation Authority dated February 20, 2013 1 - 9 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated February 12, 2013 1 - 10 Minutes of the Clarington Heritage Committee dated February 19, 2013 Council Meeting Minutes - 10 - March 4, 2013 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding copies of the following documents, in accordance with the Notice of Approval to Proceed with the Undertaking regarding the Amended Environmental Assessment for Durham and York Residual Waste Study, Condition 3 Public Record: • Letter to the Ministry of the Environment dated January 28, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the October, November and December 2012 Complaint and Inquiry Logs (MOE File No. EA- 08-02) • October, November and December 2012 Durham York Energy Centre Call Centre Logs • October, November and December 2012 Durham York Energy Centre Project Team Logs • October, November and December 2012 Durham York Energy Centre Website Traffic Reports • Letter to the Ministry of the Environment dated January 28, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the Groundwater Well Development • Durham York Energy Centre Borehole Logs 2011 • Durham York Energy Centre Preconstruction Groundwater Lab Results 2012; and advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/proiect/efw-committee htm. 1 - 12 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding copies of the following documents, in accordance with the Notice of Approval to Proceed with the Undertaking regarding the Amended Environmental Assessment for Durham and York Residual Waste Study, Condition 3 Public Record: • Letter to the Ministry of the Environment dated February 11, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of Air Emissions Monitoring Plan Revision (MOE File No. EA-08-02) • Durham York Energy Centre Revised Air Emissions Monitoring Plan (February 2013) • Summary of Changes to Durham York Energy Centre Air Emissions Monitoring Plan (February 2013) • Letter to the Ministry of the Environment dated February 11, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of the Revised Soils Testing Plan (MOE File No. EA-08-02) • Durham York Energy Centre Revised Soils Testing Plan (February 2013) Council Meeting Minutes - 11 - March 4, 2013 ® Durham York Energy Centre Revised Soils Testing Plan Comment and Response Table (February 2013); and advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/project/efw-committee.htm. 1 - 13 Linda Gasser, forwarding a copy of her delegation comments to the January 30, 2013 Regional Works Committee regarding the accuracy of the November 21, 2012, Energy-From Waste—Waste Management Advisory Committee (EFW-WMAC) minutes with a request that the minutes be amended to provide an accurate record of her delegation and the monitoring motion; and, requesting that any staff report addressing the EFW-WMAC November 21, 2012, resolution also address matters in the motion relating to soil monitoring. 1 - 14 Debra Nicholson, Local Area Manager, Canada Post, advising of potential changes to the Kendal Post Office hours of operation; indicating that Canada Post has conducted a careful review which has determined that a very small number of local customers use the post office on Saturdays and they are therefore considering focusing on weekday service and no longer offering Saturday service; and, advising that discussions with the local representative of the Canadian Postmasters and Assistants Association (CPAA) will be held and that potential changes will take into consideration the postal needs of their customers. 1 - 16 Allison J. Stuart, Assistant Deputy Minister and Chief, Emergency Management Ontario, Ministry of Community Safety and Correctional Services, congratulating Council and staff on the Municipality's completion of all of the mandatory emergency management program elements required under the Emergency Management and Civil Protection Act (EMCPA) and Ontario Regulation 380/04 for 2012. 1 - 17 Deb Bowen, Acting Regional Clerk, Regional Municipality of Durham, writing to the Honourable Jim Bradley, Minister of the Environment and the Honourable Glen Murray, Minister of Infrastructure, advising that on February 13, 2013, Regional Council adopted the following resolution pertaining to the Highway 407 East Extension: "a)THAT the following resolution from the Municipality of Clarington be endorsed: `WHEREAS the second Phase of the 407 East EA, largely through the Municipality of Clarington, is not going to be completed until 2020 and further it is being constructed in two sub-phases of Harmony to the East Link/401 and then the East Link to 35/115 with anticipated completion dates of 2017 and 2020 respectively; and Council Meeting Minutes - 12 - March 4, 2013 WHEREAS in mid-October Clarington learned that MTO had cancelled or not renewed any and all farm lease agreements for 2013, to gain timely access for engineering and field investigations; and WHEREAS Clarington staff informed MTO staff that cancelling all leases for 2013 impacts Clarington's largest economic sector, having agricultural lands lay fallow is problematic for the adjacent farms and engineering and field investigations could be carried out in a staged manner much like the construction; and WHEREAS the Agriculture Advisory Committee of Clarington and the Clarington Board of Trade have voiced their concern regarding the cancellation of the farm leases and its impact on the community; and WHEREAS MTO Staff have provided no guarantee that the residual parcels (excess to the 407 right of way) will be leased for agriculture in 2014; WHEREAS Commitment #43 of Exhibit 9.2 in the EA Commitments and Compliance Monitoring of the 407 East— Environmental Assessment Report indicates that the proponent will `transfer all agricultural mitigation measures and monitoring requirements into the EMPs (Environmental Management Plan). Current measures and Best Management Practices available at the time of construction should be implemented where applicable'. NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the Ministers and Ministries of the Environment, Transportation and Agriculture, Food and Rural Affairs work together to determine more appropriate construction management practices that meets the commitments made in the EA and balances the interests of agriculture with the construction scheduling and work to be carried out for the 407 East link through Clarington to the 35/115; and THAT a copy of this resolution be forwarded to the Regional Municipality of Durham and the area municipalities within the Region of Durham, the Agricultural Advisory Committee of Clarington, Clarington Board of Trade, the Region of Durham Agricultural Advisory Committee, MPP John O'Toole and Steve Fracz'; and b) THAT a copy of this resolution be forwarded to the Minister of Infrastructure, the Minister of the Environment and the Greater Toronto Area Agricultural Action Committee (GTA AAC)." Council Meeting Minutes - 13 - March 4, 2013 1 - 18 Deb Bowen, Acting Regional Clerk, Regional Municipality of Durham, writing to Dave Risebrough, Chair, Durham Agricultural Advisory Committee, advising that on February 13, 2013, Regional Council adopted the following resolution pertaining to the Durham Agricultural Advisory Committee (DAAC) Terms of Reference, 2012 Annual Report and 2013 Workplan: "a) THAT Report#2013-P-8 of the Commissioner of Planning and Economic Development be received as the Durham Agricultural Advisory Committee's 2012 annual report; b) THAT the revisions to the Terms of Reference for the Durham Agricultural Advisory Committee, be approved, as outlined in Attachment 1 to Report #2013-P-8; c) THAT the 2013 Durham Agricultural Advisory Committee Workplan, be approved, as outlined in Attachment 2 to Report #2013-P-8; and d) THAT a copy of Report#2013-P-8 be forwarded to the Durham Agricultural Advisory Committee, the Durham Federation of Agriculture, the GTA Agricultural Action Committee, the Golden Horseshoe Food and Farming Alliance, and the area municipalities." 1 - 19 Deb Bowen, Acting Regional Clerk, Regional Municipality of Durham, writing to Karen McDonald, Chair, Durham Environmental Advisory Committee, advising that on February 13, 2013, Regional Council adopted the following resolution pertaining to the Durham Environmental Advisory Committee (DEAC) Terms of Reference and 2013 Workplan: "a THAT Report#2013-P-9 of the Commissioner of Planning and Economic Development be received as the Durham Environmental Advisory Committee's annual report on its activities in 2012; b) THAT Ms. Kim Sellers, be appointed as the Town of Ajax representative and Ms. Karen McDonald be appointed as a member at large to the Durham Environmental Advisory Committee; c) THAT the revisions to the Terms of Reference for the Durham Environmental Advisory Committee, be approved, as outlined in Attachment 1 to Report #2013-P-9; d) THAT the 2013 Durham Environmental Advisory Committee Workplan, be approved, as outlined in Attachment 2 to Report#2013-P-9; and e) THAT a copy of Report#2013-P-9 be forwarded to the Durham Environmental Advisory Committee and the area municipalities." Council Meeting Minutes - 14 - March 4, 2013 1 - 20 Deb Bowen, Acting Regional Clerk, Regional Municipality of Durham, writing to Terry Clayton, Chair, Durham Trail Co-Ordinating Committee, advising that on February 13, 2013, Regional Council adopted the following resolution pertaining to the Durham Trail Co-Ordinating Committee (DTCC) 2012 Annual Report and 2013 Workplan: "a)THAT Report#2013-P-10 of the Commissioner of Planning and Economic Development be received as the Durham Trail Co-ordinating Committee's 2012 annual report; b) THAT the 2013 Durham Trail Co-ordinating Committee Workplan, be approved, as outlined in Attachment 1 to Report #2013-P-10; and c) THAT a copy of Report#2013-P-10 be forwarded to the Durham Trail Co-ordinating Committee and the area municipalities." 1 - 22 Deb Bowen, Deputy Clerk, Regional Municipality of Durham, forwarding certified copies of By-law 06-2013 — a by-law to set and levy rates of taxation for Regional Solid Waste Management purposes for the year 2013; By-law 07-2013 — a by-law to set and levy rates of taxation for Durham Region Transit Commission for the year 2013; By-law 08-2013 — a by-law to set and levy rates of taxation for Regional General Purposes for the year 2013; and By-law 09-2013 — a by-law to establish tax ratios for 2013 and to specify the percentage by which tax rates are to be reduced for prescribed property subclasses, adopted by Regional Council on February 13, 2013. 1 - 23 Roger Anderson, Chair and CEO, Regional Municipality of Durham, writing to the Honourable Brad Duguid, Minister of Training, Colleges and Universities, expressing concern regarding the impact of the implementation of the licensing and membership requirements under the Ontario College of Trades and Apprenticeship Act for compulsory and voluntary trades, scheduled to come into effect on April 8, 2013; and, requesting that the Province defer the implementation of those sections of the Act so that municipalities, as employers, and significant consumers of the services of skilled tradespersons, can assess its potential impact and costs. 1 - 15 Michael Newell, Chair, Board of Governors Nominating Committee, Durham College, requesting Council's assistance in the recruitment of four external governors with expertise in law, private sector corporate leadership, public sector healthcare, agriculture or food production/services, hospitality, and/or technology (especially biomedical or pharmaceutical) for a three year term commencing September 1, 201. 3; forwarding a Notice of Vacancy with a request to share the notice with those who may be interested in serving on the Durham College Board; and, advising that details of the application process are available on their Council Meeting Minutes - 15 - March 4, 2013 website at http://www.durhamcollege. ca/about-us/corporate- links/qovernance/board-of-qovernors/vacancies/. Applications must be received by Friday, March 8, 2013. Resolution #C-068-13 Moved by Councillor Neal, seconded by Councillor Partner THAT Correspondence Item I — 15 from Michael Newell, Chair, Board of Governors Nominating Committee, Durham College, with respect to recruitment of Durham College Board of Governors be received for information. "CARRIED" Councillor Novak stated a pecuniary interest with respect to Correspondence Item 1 - 21 as she is a Member of the Veridian Connections Board of Directors, and left the Council Chambers during discussion and voting on this matter. 1 - 21 Doug Dickerson, Chair, Veridian Corporation, writing in response to Council's request to Veridian asking if any previous community appointments of any shareholder to the Veridian Board or Veridian Connections Board have been made without the name of the nominee being provided by the shareholder municipality prior to the appointment of the citizen, clarifying that for the period of 2011-2014 appointments made to the Veridian Corporation Board were made pursuant to the Shareholders' Agreement, as amended, whereby each of the four municipal Shareholders all provide nominations to the Board of Veridian Corporation; indicating that the new Veridian Corporation Board was established effective January 1, 2011, in accordance with the shareholder director nominations and Corporation's Shareholders' Agreement and appointed directors to the boards of Veridian Connections Inc. and Veridian Energy Inc.; confirming that in making its appointments to the board of Veridian Connections Inc., the Veridian Corporation Board honoured the formal nominations made by the Town of Ajax and that the selection of the remaining three municipal shareholders was done on the basis of nominations delivered informally by the representative Mayor or Mayor's designate. Resolution #C-069-13 Moved by Councillor Neal, seconded by Councillor Partner THAT Correspondence Item I — 21 from Doug Dickerson, Chair, Veridian Corporation, with respect to Veridian Board appointments be received; and Council Meeting Minutes - 16 - March 4, 2013 THAT Council call upon Councillor Novak to submit her resignation from the Veridian Connections Board and the Veridian Energy Board in favour of a community nominee from Clarington. "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill ✓ Councillor Woo ✓ Councillor Hooper ✓ Councillor Neal ✓ Councillor Novak ✓ Councillor Partner ✓ Mayor Foster ✓ Councillor Novak returned to the meeting. CORRESPONDENCE FOR DIRECTION Correspondence Items D - 12 and D - 13 were received as Hand-Outs. Resolution #C-070-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Items D - 1 to D - 8 be approved as per the Agenda. "CARRIED" D - 1 Kailey O'Neill, Fundraising Coordinator, Multiple Sclerosis Society of Canada, Durham Regional Chapter, advising that the 2013 MS Carnation Campaign will take place during Mother's Day weekend on May 10 and 11, 2013; and, requesting permission to sell carnations on street corners, malls and other public spaces on the noted weekend. (Tag Days approved for May 10 and 11, 2013) Council Meeting Minutes - 17 - March 4, 2013 D - 2 Kailey O'Neill, Fundraising Coordinator, Multiple Sclerosis Society of Canada, Durham Regional Chapter, requesting permission to hold the 2013 5k and 10k "Bowmanville Mandarin Multiple Sclerosis Walk" on Sunday, May 5, 2013 hosted at the Bowmanville High School; advising the day's events include formal ceremonies with award presentation, breakfast, checkpoints, refreshments along the route and a celebratory BBQ after the walk; and, indicating that proceeds from the Walk fund research into the cause and cure of multiple sclerosis as well as provide services to people with MS and their families. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 3 Jisha Jacob, Member, Canadian Red Cross Branch Council of Durham Region, requesting that Council proclaim the month of March as "Red Cross Month" and requesting permission to fly the Red Cross flag during March on a Clarington flagpole to raise public awareness of the work of the Red Cross in responding to crises and disasters both nationally and around.the world and in helping those in need for more than 100 years. (Proclaimed and permission granted to fly the Red Cross Flag during the month of March) D - 4 Gary Cole, District Master, and Dianne Polley, Secretary, West Durham District L.O.L., requesting permission to hold a parade in Orono on July 6, 2013, commencing at 1:00 p.m. in celebration of the victory of the Battle of the Boyne, fought in 1690, an annual celebration for the Orange Association in Canada and around the world; indicating that appropriate insurance will be secured; and, that the parade route starting and finishing at the arena will be determined shortly. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 18 - March 4, 2013 D - 5 Erika Chapman, Corresponding Secretary, Orono Community Memorial Park, requesting permission to hold a fireworks display on Saturday, June 29, 2013, in celebration of Orono Park's 90th Anniversary; advising of the day's events which include activities for all ages, fireworks and a licensed dance; and, requesting an exemption to the noise by-law to extend the time to 1:00 a.m. to allow for clean-up of the venue and to ensure all participants have left. Homeowners surrounding the park will be notified by letter approximately two weeks in advance informing them of the day's events. (Fireworks display approved provided the organizers apply for and obtain a fireworks permit from the Municipal Law Enforcement Division and approval granted for an Exemption to the Municipality's Noise By-law to 1:00 a.m. or June 30, 2013) D - 6 Frank Murphy, Executive Director, Brain Injury Association of Durham Region, requesting that the month of June be proclaimed "Brain Injury Awareness Month" to promote awareness of brain injuries. The Association believes that knowledge about the causes and effects of brain injuries will lead to a greater understanding for people who have been injured, and greater efforts in their prevention. (Proclaimed) D 7 Scott Story requesting a six month extension to Building Permit# 12.0557 to permit the completion of the new dwelling at 8378 Leskard Road. (Approved for a six month extension to Building Permit#12.0557 subject to the signing of a further Letter of Undertaking) D - 8 Sharon McCartney, Chair, Orono Community Memorial Park's 90th Celebration Committee, advising of the activities planned to celebrate the 90th Anniversary of Orono Park, once called "Buttercup Hollow", requesting Council to proclaim June 29, 2013 as "Buttercup Hollow Day"; and, requesting Council's assistance in providing a $5,000 grant to be used as start-up money for the event. (Proclaimed and advised of the Municipal Grant Process) Councillor Partner stated a pecuniary interest with respect to Correspondence Item D - 12 as she owns a pet sitting business, and left the Council Chambers during discussion and voting on this matter. Council Meeting Minutes _ 19 - March 4, 2013 D - 12 William Ingratta, General Manager, Ontario Sheep Marketing Agency, forwarding background information regarding the important role of livestock guardian dogs (LGDs) when developing dog control by-laws, highlighting primary areas of concern and providing suggested options for consideration with respect to defining Livestock Guardian Dogs (LGDs) and Herding Dogs, registration and licensing requirements, requirement for dogs to wear collars or tags, requirements for Kennel licensing and/or limitation on number of dogs kept, running at large and barking restrictions; and, indicating that the OSMA wishes to work cooperatively with all levels of government to assist producers to put in place effective predator prevention techniques and requesting that the Municipality consider the industry needs when developing or amending Municipal By- laws. Resolution #C-071-13 Moved by Councillor Novak, seconded by Councillor Neal THAT the correspondence from William Ingratta, General Manager, Ontario Sheep Marketing Agency, be received; and THAT Mr. Ingratta be advised of actions taken with respect to Report CLD-007-13. "CARRIED" Councillor Partner returned to the meeting. D - 9 Clarington Heritage Committee advising Council that on January 29, 2013, the Heritage Committee adopted the following resolution and requesting Council's endorsement: "WHEREAS the second Phase of the 407 East Extension is scheduled to be fully completed by 2020 and further it is to be constructed in two sub- phases of Harmony to the East Link at Taunton and then the East Link to 35/115 with anticipated completion dates of 2017 and 2020 respectively, and WHEREAS Clarington Heritage Committee has concern for the heritage buildings and structures including the out-buildings, which significantly contribute to the rural landscape character, to date the process articulated by MTO does not include provision for the out-buildings on the properties to be advertised for relocation as separate and distinct portions of work; and WHEREAS the Ministry has requested assistance in developing a salvage strategy should the effort to relocate them does not come to fruition Council Meeting Minutes - 20 - March 4, 2013 NOW THEREFORE BE IT RESOLVED THAT The Municipality of Clarington requests that the Minister and Ministry of Transportation to include the out-buildings as separate items to be relocated as part of that tender process and FURTHER, should efforts for relocation not prove practical, that the removal of items identified for salvage as part of Clarington's Salvage Strategy be included as part of the scope of work for the demolition contractor during the tendering process and be at no cost to the Municipality or the parties receiving the salvaged goods." Resolution #C-072-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the Clarington Heritage Committee with respect to the Highway 407 East Extension be endorsed. "CARRIED" D - 10 Kurtis McAleer, Durham Youth Councillor, Chairman, Board of Directors, Durham Youth Council, advising that the Durham Youth Council has been approached by the City Youth Councils of Canada regarding a possible merger; expressing concern that upon further review it was determined that the City Youth Councils of Canada was run by a for-profit, Toronto- based Management Company; indicating that the new company is planning on establishing their own Youth Council in Durham Region; and, requesting that Council endorse and support the Durham Youth Council as Clarington's "official" Youth Council. Resolution #C-073-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT Correspondence Item D - 10 from Kurtis McAleer, Durham Youth Councillor, Chairman, Board of Directors, Durham Youth Council, with respect to Durham's "official" Youth Council, be referred to staff. "CARRIED" Council Meeting Minutes - 21 - March 4, 2013 D - 13 Mark A. Piel, counsel on behalf of the owners of 3105 Courtice Road, writing further to their letter of February 22, 2013 to the General Purpose and Administration Committee, attaching revised language clarifying the meaning of proposed Policy 17.7 — Special Study Area No. 7 (Hancock Neighbourhood) and Map A2 (Land Use Courtice Urban Area); and, requesting Council to adopt Official Plan Amendment No. 80 as amended in accordance with the suggested revisions. Resolution #C-074-13 Moved by Councillor Novak, seconded by Councillor Neal THAT Mark A. Piel, counsel on behalf of the owners of 3105 Courtice Road be advised of actions taken with respect to Report PSD-015-13. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report February 25, 2013 Resolution #C-075-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of February 25, 2013 be approved,, with the exception of Items #1(i), #4, #12, #20 and #21. "CARRIED" Item #4 Resolution #C-076-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-015-13 be received; THAT the proposed Official Plan Amendment No. 80 be amended by replacing the Special Study Area No. 7 policies as follows: "17.7 Special Study Area No. 7 (Hancock Neighbourhood) Council Meeting Minutes -,22 - March 4, 2013 17.7.1 This special study area is the location of a tributary together with surrounding lands north of the Courtice Road & Nash Road stormwater management facility. This tributary is considered indirect fish habitat, lies adjacent to a part of the Provincially significant Wetland and forms part of the hydrological function of the neighbourhood. Existing conditions have been studied through the Black/Harmony/Farewell Creek Watershed Existing Conditions Report and Plan. 17.7.2 The exact alignment of this tributary may be the subject of further study at the landowner's expense. The Terms of Reference for any study shall be approved by the Municipality of Clarington and the Central Lake Ontario Conservation Authority. The further study may determine that some of the lands identified as "Environmental Protection Area" within Special Study Area No. 7 may be developed for residential uses subject to the study defining feature limits and-appropriate buffers. Until any study determines otherwise, the lands may only be used and zoned in accordance with the Environmental Protection Area policies of this Plan. Upon the completion and submission of a satisfactory study demonstrating that the ecological function will not be negatively impacted, a portion of the lands may be used in accordance with the Urban Residential Area policies of this Plan, subject to the approval of a rezoning application and without an amendment to this Plan. The Special Study Area lands north of George Reynolds Drive may be studied independently of the lands south of George Reynolds Drive." THAT Amendment No. 80, as amended, to the Clarington Official Plan (Attachment 9 to Report PSD-015-13) to implement the revised Hancock Neighbourhood Design Plan (Attachments 6, 7 and 8 to Report PSD-015-13) be adopted, and the By-law adopting the Official Plan Amendment contained in Attachment 10 to Report PSD-015-13 be passed; THAT Council authorize Planning Staff to waive any fees associated with a necessary Official Plan Amendment and/or Neighbourhood Design Plan Amendment within the Hancock Neighbourhood as a result of further field investigation of Provincially Significant Wetlands conducted by the Ministry of Natural Resources and/or the Central Lake Conservation Authority, and further, that this relief be.offered until December 31, 2015; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-015-13 and Council's decision; THAT the Environmental Assessment for the alignment of George Reynolds, as identified in Report FND-001-13 proceed; and Council Meeting Minutes - 23 - March 4, 2013 THAT all interested parties listed in Report PSD-015-13 and any delegations be advised of Council's decision. "CARRIED LATER IN THE MEETING" (See following motions) Resolution #C-077-13 Moved by Councillor Neal, seconded by Councillor Traill THAT Report PSD-015-13 be referred back to staff to obtain an environmental report as to whether it would be more beneficial for the preservation of a natural heritage system in the Hancock neighbourhood to: (i) Construct George Reynolds Drive between Harry Gay Drive and the first proposed street east of Courtice Road; or (ii) Construct a bike/nature trail over that same span; or (iii) Leave that span undeveloped; and THAT this motion be forwarded to the Central Lake Ontario Conservation Area. "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Neal ✓ Councillor Novak ✓ Councillor Partner ✓ Councillor Traill ✓ Councillor Woo ✓ Councillor Hooper ✓ Mayor Foster ✓ Council Meeting Minutes - 24 - March 4, 2013 Resolution #C-078-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the extension of George Reynolds Drive identified in Resolution #C-077-13 be deleted or that a bike trail/nature trail be constructed through that area. "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Neal ✓ Councillor Novak ✓ Councillor Partner ✓ ✓ Councillor Traill ✓ Councillor Woo ✓ ✓ Councillor Hooper ✓ -Mayor Foster ✓ ✓ Resolution #C-076-13 was then put a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Novak ✓ Councillor Partner ✓ Councillor Traill ✓ Councillor Woo ✓ Councillor Hooper ✓ Councillor Neal ✓ Mayor Foster ✓ Councillor Partner stated a pecuniary interest with respect to Item 12 of Report#1 as she owns a pet sitting business, and left the Council Chambers during discussion and voting on this matter. Item #12 Resolution #C-079-13 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report CLD-007-13 be received; THAT the proposed changes to Kennel Licensing By-law be endorsed; Council Meeting Minutes - 25 - March 4, 2013 THAT the proposed changes to the Responsible Pet Owners By-law be endorsed as amended to add following section: 3.21 (1) In this section "board" means to take in for a temporary period of time for financial gain. (2) Notwithstanding subsection 3.20(1), an owner of property in an Agricultural Zone may keep 3 or fewer dogs that have been licensed to the owner in accordance with this by-law and, in addition, may board 3 or fewer dogs. and that the balance of Part 3 in the By-law be renumbered accordingly; THAT the proposed draft Responsible Pet Owners By-law, Attachment 1 to Report CLD-007-13 be passed; THAT the proposed Kennel Licensing By-law, Attachment 2 to Report CLD-007-13 be passed; THAT Council authorize staff to commence an amendment to the Zoning By-laws to amend appropriate definitions and provisions to provide greater consistency with the draft "Responsible Pet Owners By-law" and the proposed "Kennel By-law"; and THAT all interested parties listed in Report CLD-007-13 be advised of Council's decision. "TABLED" (See following motion) Resolution #C-080-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the foregoing .Resolution #C-079-13 be tabled until the next Council meeting. "CARRIED" Councillor Partner returned to the meeting. Resolution #C-081-13 Moved by Councillor Neal, seconded by Councillor Woo THAT, in accordance with Section 10.12.34 of the Procedural By-law, the meeting be extended until 11:30 p.m. "CARRIED" Council Meeting Minutes - 26 - March 4, 2013 Councillor Novak stated a pecuniary interest with respect to Item 20 of Report #1 as she is a Member of the Veridian Connections Board of Directors, and left the Council Chambers during discussion and voting on this matter. Item #20 Resolution #C-082-13 Moved by Councillor Neal, seconded by Councillor Partner THAT a copy of the letter, published in the Orono Weekly Times regarding Veridian, be forwarded to the Veridian Corporation requesting a response prior to the next General Purpose and Administration Committee meeting. "CARRIED" Councillor Novak returned to the meeting. Item #21 Resolution #C-083-13 Moved by Councillor Neal, seconded by Councillor Partner THAT staff be directed to report back in open session on the disposition of the municipal assets. "CARRIED" Item #1 i Resolution #C-084-13 Moved by Councillor Woo, seconded by Councillor Partner THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of considering a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. 1i The meeting resumed in open session at 11:56 p.m. The Mayor advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed on a procedural matter and one resolution was passed to provide direction to staff. Council Meeting Minutes - 27 - March 4, 2013 UNFINISHED BUSINESS Resolution #C-085-13 Moved by Councillor Novak, seconded by Councillor Partner THAT the presentation of Regional Chair Roger Anderson be received with thanks. "CARRIED" Resolution #C-086-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the delegation of Ben Edery be referred to staff. "CARRIED" BY-LAWS By-laws 2013-024 and 2013-025 were withdrawn from the Agenda due to the tabling of Resolution #C-079-13. Resolution #C-087-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2013-020 to 2013-023; 2013-020 Being a by-law to adopt Amendment No. 80 to the Clarington Official Plan 2013-021 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2013-022 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2013-023 Being 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 Historic Downtown Bowmanville Business Improvement Area; and THAT the said by-laws be approved. "CARRIED" Council Meeting Minutes - 28 - March 4, 2013 PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS There was no Other Business introduced under this Section of the Agenda. Councillor Novak and Councillor Partner stated pecuniary interests earlier in the meeting, refrained from voting on the Confirming By-law and left the meeting. CONFIRMING BY-LAW Resolution #C-088-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2013-026, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 4t" day of March, 2013; and THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-089-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the meeting adjourn at 11:59 p.m. "CARRIED" MUNICIPAL CLERK I,eaaingrheii'ny Special Council Meeting Minutes MARCH 11, 2013 Minutes of a special meeting of Council held on March 11, 2013 at 9:00 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Director of Planning Services, D. Crome Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. Resolution #C-090-13 Moved by Councillor Novak, seconded by Councillor Partner THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of considering a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. "CARRIED" The meeting resumed in open session at 10:46 a.m. Special Council Meeting Minutes - 2 - March 11, 2013 The Mayor advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed to provide direction to staff. CONFIRMING BY-LAW Resolution #C-091-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2013-027, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 11th day of March, 2013; and THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-092-13 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 10:47 a.m. "CARRIED" MAYOR MUNICIPAL CLERK rella��tgrr�e�vA� Special Council Meeting Minutes MARCH 18, 2013 Minutes of a special meeting of Council held on March 18, 2013 at 12:06 p.m., in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Absent: Councillor M. Novak Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Purchasing Manager, J. Barber Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Parks Supervisor, B. Genosko Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. Resolution #C-093-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the resolution passed in Closed Session of the General Purpose and Administration Committee meeting of March 18, 2013, with respect to Newcastle Recycling Ltd., be ratified. "CARRIED" Special Council Meeting Minutes - 2 - March 18, 2013 CONFIRMING BY-LAW Resolution #C-094-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2013-028, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 18t" day of March, 2013; and THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-095-13 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 12:07 p.m. MAYOR MUNICIPAL CLERK Special Council Meeting Minutes MARCH 19, 2013 Minutes of a special meeting of Council held on March 19, 2013 at 4:00 p.m., in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Absent: Councillor M. Novak Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Director of Planning Services, D. Crome Director of Emergency & Fire Services, G. Weir Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. Resolution #C-096-13 Moved by Councillor Woo, seconded by Councillor Partner THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of considering a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. "CARRIED" The meeting resumed in open session at 4:41 p.m. Special Council Meeting Minutes - 2 - March 19, 2013 The Mayor advised that one item was discussed in"closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed, one on a procedural matter and one to provide direction to staff. CONFIRMING BY-LAW Resolution #C-097-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2013-029, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 19t" day of March, 2013; and THAT the said by-law be approved. . ADJOURNMENT Resolution #C-098-13 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 4:42 p.m. MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS March 25, 2013 a) Dianne McKenzie, Executive Director, Epilepsy Durham Region - Request for Proclamation of"Epilepsy Awareness Day and Go Purple" (Correspondence Item D - 7) b) Mark Canning — Big Brothers Big Sisters Clarington — Road Hockey Tournament (Correspondence Item D - 5) SUMMARY OF CORRESPONDENCE MARCH 25, 2013 i CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Newcastle Memorial Arena Management Board dated February 12, 2013 (Copy attached) 1 - 2 Minutes of the Clarington Museums and Archives Board dated February 13, 2013 (Copy attached) 1 - 3 Minutes of the Newcastle Community Hall Board dated January 15, 2.013 (Copy attached) 1 - 4 Georg Krohn, Chair, Rotary Club of Bowmanville, advising of the "Second Rotary Super Spring Clean-up" event to be held on April 19, 2013, at the Garnet B. Rickard Recreation Complex in conjunction with the national "Pitch-In" Week; indicating that the event will showcase various displays regarding energy savings and recycling; and, advising that eight schools will be participating this year from Courtice, Bowmanville and Newcastle with approximately 300 students attending the event. 1 - 5 Judy Hagerman, Clarington Public Library Board Chair; expressing appreciation to Council for support the library has received through the approval of the their 2013 Capital and Operating Budget; and, indicating that with Council's support and guidance, the Library Board is moving forward with its plans, including the development of its technological services such as the digitization of local newspapers dating back to 1871 and a study on the need for expanded library service in Courtice. CORRESPONDENCE FOR DIRECTION D - 1 Linda Jeffrey, Minister Responsible for Seniors, extending an invitation to Council to participate in the 2013 Senior of the Year Awards by nominating one outstanding local senior who, after age 65, has enriched the social, cultural or civic life of the community without thought of personal or financial gain. Nomination forms are due by April 30, 2013. Only Municipalities can nominate seniors for this award. (Motion for Direction) Summary of Correspondence - 2 - March 25, 2013 D - 2 Heila Pitter, Outreach Services Manager, Bethesda House, advising that on June 22, 2013, Bethesda House is hosting Durham's 5tr, Annual Men's walk against domestic violence: "Walk-A-Mile-In-Her- Shoes" event, a fundraising event for Bethesda House providing public awareness of the issue of domestic abuse in Durham Region; and, requesting permission to install a banner on Veridian poles east of Durham Road 57 from June 10 to June 23, 2013, to promote the event. (Motion to approve installation of banner and Veridian to be advised) D - 3 Garth Gilpin, Secretary Treasurer, Historic Downtown Bowmanville Business Centre, requesting the closure of King Street from Scugog Street to George Street, Temperance Street from Church Street to the hole in the wall, Division Street from the Municipal Parking lot entrance to the former Royal Bank parking lot and the 20 King Street East parking lot for the following 2013 events: Maple Festival and Friday, May 3, at 8:00 p.m. as All That Jazz above until Saturday, May 4, at 7:30 p.m. Summerfest Friday, June 21, Temperance Street from Church Street to the hole in the wall from 4:00 p.m. until 11:00 p.m. and as above on Saturday June 22 from 5:00 a.m. until 7:00 p.m. The parking lot to be closed on Saturday, June 22 only. August Moonlight Madness Apple Festival and Craft Sale Friday, August 16, from 5:00 p.m. until August 17 at 12:30 a.m., as above. Friday, October 18 (Temperance Street from King Street to the hole in the wall at 7:00 p.m., Temperance Street from King Street to Church Street at 8:00 p.m.) and as above from 8:00 p.m. until Saturday, October 19 at 8:00 p.m.; and, Summary of Correspondence - 3 - March 25, 2013 Christmas Moonlight Magic Friday, December 6 (Temperance Street from King Street to Church Street at 4:30 p.m.) and as noted above from 5:30 p.m. until 11:30 p.m. (Motion to approve road closures provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 4 Clinton Shane Ekdahl, extolling the importance of the honeybee to the sustainability of agriculture and the environment; expressing concern that honey bees continue to die at alarming and catastrophic rates and that the demise of the honey bee would render extinct thousands of dependant animal"and plant species bringing about the collapse of the food chain and guarantee the destruction of sustainable agriculture, the economy and the environment; and, requesting that May 29, 2013, be proclaimed as the fourth annual "Day of the Honey Bee" to educate and inform the public on the plight of the honey bee. Mr. Ekdahl is also requesting Council to write letters of support to Federal and Provincial representatives urging support of the Honey Bee. (Motion to Proclaim) D - 5 Darlene Brown, Executive Director, Big Brothers Big Sisters of Clarington; requesting approval for a partial road closure of Clarington Boulevard, north of Stevens Road on May 11, 2013, from 7:00 a.m. until 6:00 p.m. for a road hockey tournament to raise funds for Big Brothers Big Sisters of Clarington; advising that access to Clarington Central Secondary School from Clarington Boulevard will be restricted but that the issue has been addressed with the Kawartha Pine Ridge District School Board who have agreed, provided the entrance to the school from Stevens Road remains open;, and, indicating that an insurance certificate with the Municipality and the Region listed as additional named insured and liability coverage of$2.million will be provided upon approval of the event. (Motion to approve road closure provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) Summary of Correspondence - 4 - March 25, 2013 D - 6 Sharon Ennis requesting permission to host the 5th Annual "Gabby's Gift" Walk on Sunday, June 23, 2013, from 2:00 p.m. to 4:00 p.m. in Newcastle, to raise funds and awareness for the Spina Bifida and Hydrocephalus Association of Ontario (SB&H); forwarding a copy of the proposed route; and, advising that appropriate insurance coverage will be provided. (Motion to approve provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 7 Dianne McKenzie, Executive Director, Epilepsy Durham Region, requesting that March 26, 2013, be proclaimed "Epilepsy Awareness Day and Go Purple" to strengthen awareness of epilepsy worldwide and to show support for those with epilepsy. (Motion to Proclaim) D - 8 Derrick McKay, Race Director, Courtice Kids Multisport Series, requesting permission for the closure of Nash Road on Saturday, August 17 and Sunday, August 18th from 8:30 a.m. to 12:30 p.m. for the Courtice Kids of Steel Triathlon. The organizer has advised that appropriate insurance is in place and road closure permits for Courtice Road will be obtained. (Motion to approve road closure. provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 9 Jade Harper, Executive Director, Victim Services of Durham Region, a non-profit organization providing immediate front-line service to victims of crime and tragic circumstance and who play an important role in helping those affected heal in the aftermath of a criminal or tragic circumstance; indicating that the theme of this year's National Victims of Crime Awareness Week is "We All Have a Role"; and, requesting that April 21 to 27, 2013, be proclaimed as "National Victim of Crime Awareness Week" in Clarington. (Motion to Proclaim) Summary of Correspondence - 5 - March 25, 2013 D - 10 Katie Aston, Race Coordinator, Ragnar Relay Series/RAGNAR Events, LLC, providing a description of the Ragnar Relay Niagara Ontario 320 km running relay event in support of the Waterfront Regeneration Trust being held on June 14 and 15, 2013; indicating that the event consists of 36 relay legs stretching from Cobourg to Niagara Falls involving teams of 12*runners; advising communities directly benefit economically from money spent by participants for food, lodging and other services; forwarding a copy of the proposed route indicating that no road closures will be necessary in Clarington; and, requesting permission for the event to take place. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 11 Mario Sergio, Minister Responsible for Seniors, forwarding information on the 2013 Senior Achievement Award Program, a program to honour people who have made an outstanding contribution to their community after age 65 through voluntary or professional activities. Nomination forms for The Senior Achievement Award Program are available on the Ministry of Citizenship and Immigration's website at www.ontario.ca/honoursandawards and are due by June 15, 2013. (Motion to refer correspondence to the Municipal Clerk to place information on the Municipal website) D - 12 Linda Gasser commenting on Councillor Novak's appointment to the Veridian Connections Board, expressing concern that the Board has ignored the request of their shareholder— Clarington Council - in that the majority of Council does not support Councillor Novak's appointment; indicating that the credibility and reputation of Clarington Council is very much tied to how Council addresses this inappropriate appointment; and, suggesting that should Councillor Novak not resign, then Council should formally request to Veridian that she be removed from the Veridian Connections Board through an appropriate process and to request clarification on what would entail. (Motion to advise of actions previously taken) Summary of Correspondence - 6 - March 25, 2013 D - 13 Denise Holmes, CAO-Clerk/Treasurer, Township of Melancthon, advising Council that on March 7, 2013, the Council of the Township of Melancthon adopted the following resolution pertaining to the Aggregate Resources Act(1990) Review: "WHEREAS former Premier Dalton McGuinty has resigned and prorogued the House until such a time as a new Liberal Party leader and Premier of Ontario is sworn in; AND WHEREAS prorogation of the Legislature has resulted in the dissolving of the Committee formed.to review the Aggregate Resources Act(1990), and the cancelling of the work of that Committee; AND WHEREAS Kathleen Wynne has now been sworn in as Premier of the Province of Ontario and the Legislature did resume sitting commencing with the Throne Speech on February 19, 2013; AND WHEREAS the Throne Speech of February 19, 2013 made indication of the Government of Ontario's belief that the people of the Province of Ontario should have real input-into the placement and licensing of gravel pits and quarries; AND WHEREAS the Aggregate Resources Act(1990) is an Act regulating the operation of gravel pits and quarries in the Province of Ontario; AND WHEREAS the Aggregate Resources Act(1990) is outdated and insufficient to adequately address the multitude of issues raised by Municipalities, Ontario residents, Conservation Authorities, farmers, and other interested parties; AND WHEREAS a full review of the Aggregate Resources Act (1990) was promised to all the residents of Ontario during the last election campaign and.was subsequently commenced after the election, only to be cancelled by the proroguing of the legislature; THEREFORE BE IT RESOLVED THAT the Honourable Kathleen Wynne, Premier of the Province of Ontario, commence a full review of the Aggregate Resources Act(1990), and that review be accessible to the people of Ontario and that public hearings with delegations be held in different areas of the Province to allow for the broadest possible public representation and participation; Summary of Correspondence - 7 - March 25, 2013 AND THAT Dufferin County be a location included as a part of that review and that Council for the Township of Melancthon and Members from North Dufferin Agricultural and Community Taskforce ' both be given a Delegation time before the Hearing Board; AND THAT this motion be circulated to the Honourable Kathleen Wynne, Premier of the Province of Ontario; MPP David Oraziette, Minister of, Natural Resources; Ontario Cabinet; MPP Sylvia Jones, Member for Dufferin-Caledon; MP David Tilson, Dufferin-Caledon; all Dufferin County Municipalities, the top 10 aggregate producing Municipalities; the Nottawasaga Valley Conservation Authority; The Grand River Conservation Authority; the Niagara Escarpment Commission and Conservation Ontario and the North Dufferin Agricultural.Community Taskforce. (Motion for Direction) D - 14 Clarington Agricultural Advisory Committee advising Council that on March 14, 2013, the Agricultural Advisory Committee adopted the following resolution and requesting Council's endorsement: "WHEREAS the Central Lake Ontario Conservation Authority (CLOCA) provided stewardship programs that were designed to assist farmers in implementing best management practices and rural residents with naturalization initiatives; and WHEREAS the Ganaraska Region Conservation Authority (GRCA) has allocated $20,000 of their funding annually from Durham Region to the Clean Water— Healthy Land Financial Assistance Program; and WHEREAS the Municipality of Clarington has approximately half of its area in CLOCA and half in GRCA; and WHEREAS many of the farmers in Clarington own lands in both watersheds; and WHEREAS CLOCA has not allocated funding towards its stewardship program since 2010 such as those included in the document Durham Region Conservation Authorities Watershed Stewardship Programs & Services available on the CLOCA website and there is now disparity between the programs of the two CA's in Clarington; and Summary of Correspondence - 8 - March 25, 2013 WHEREAS the Watershed Plans that CLOCA is adopting strongly rely on the implementation of stewardship initiatives in the rural areas to achieve the goals set out in the watershed plans; NOW THEREFORE BE IT RESOLVED THAT: The Agricultural Committee of Clarington and Clarington Council request CLOCA allocate $20,000 in funding annually to stewardship programs in Clarington and further that this resolution be circulated to Durham Region, DAAC and DEAC, City of Oshawa, Town of Whitby and Town of Ajax." D - 15 Clarington Agricultural Advisory Committee advising Council that on March 14, 2013, the Agricultural Advisory Committee adopted the following resolution and requesting Council's endorsement: "WHEREAS the Agricultural Advisory Committee of Clarington was formed in 2001 and has provided valuable advice to Council and staff on numerous issues; and WHEREAS the terms,of reference for the committee identify that the membership be drawn from the different agricultural sectors (dairy, beef, apple, greenhouse, cash crops, hog, poultry, etc.); and that members should also possess; relevant farm experience, technical training in an agriculture-based field, and/or currently involved in agricultural community activities; and WHEREAS the Agricultural Advisory Committee of Clarington has benefitted greatly from members that have been on the committee for a number of years such that the knowledge is transferred from one committee to the next; however, it is also recognized that there is the need of continual renewal within the membership and the fostering of younger members; and WHEREAS the Council Protocol for Advisory Committees sets out the term of Advisory Committees to be the same as that of Council; and WHEREAS the timing of the election in October combined with Council taking office in December effectively meant Committee appointments were delayed until March; Summary of Correspondence - 9 - March 25, 2013 NOW THEREFORE BE IT RESOLVED THAT the Agricultural Advisory Committee recommend Council stagger the terms of members, by appointing half of the membership every two years, for four year terms and that the work of the committee continue until the new members are appointed." (Motion-for Direction) D - 16 Jim Richards expressing concern with the payments made to Councillor Novak and other Councillors and appointees to Veridian Board(s) over the past four years; and, requesting that Council reconsider the amount of compensation Veridian appointees should receive and to petition Veridian to suggest that legitimate expenses for attendance only are adequate for all appointees from Clarington, Belleville, Ajax and Pickering. (Motion for Direction) I - 1 Newcastle Memorial Arena Management Board Municipality ao f Clarin ton Minutes of Meeting— Tuesday February 12, 2013 In Attendance— Gord Lee, Chair Larry Burke, Vice—Chair Carol Little, Gord Blaker, Gary Oliver, Councillor Woo, Bob Holmes Regrets—Councillor Partner, Joanne Raymond 1. Call to Order—7:08 P.M. 2. Adoption of Minutes—Motion # 13-105 THAT: The minutes of January 8th, 2013 are approved,as presented. Moved by: Gord Blaker Seconded by: Carol Lovelcin CARRIED 3. Arena Manager's Report- The chair provided an update, in Bryan's absence; Advising members of the number of up and coming playoff games, plans taking place for the month of March, season's end and Bryan's list of requests for upgrade considerations, during the summer. • Shower area needs attention—As this area of the change rooms continues to be a problem,the chair suggested we acquire quotations for some type of better enclosure. Arrangements for Bath Fitters to quote on complete shower enclosures will be arranged. • Bryan also had requested we continue with the flooring upgrades and had arranged for quotations. The members held off on moving forward on this project until we are all in agreement to the needs. The condition of the lobby flooring will be evaluated and discussed and our next meeting, in March. • Bryan was also requesting a cordless floor scrubber and was acquiring information on such a unit. He had advised: that type of unit is most popular, now and is being used by the municipality at the Courtice Complex and the Newcastle Rec. Centre. Gary Oliver suggested we should make sure,before purchasing that, this type of battery operated unit be adaptable to short-time usage and "Trickle Charges", when plugged in. Frequent short-time usages on a fully charged battery will not affect the battery life. Bryan will be advised to get additional information for evaluation. • (2) • A letter from Kythe Baldwin,requesting a"Hockey for Heart" Charity Tournament, in conjunction with our Herman Valckx Memorial Volunteer Skate Day was read. A meeting with Mr. Baldwin, to have him outline his plan will be arranged and members of the board,who are available, will attend and follow up. The two Gords, Gary Oliver and Bryan were able to attend. Additional members would advise, if able to attend. • The Herman VaIckx Memorial Volunteer Appreciation Day has been scheduled for March 24th, 2013 —Normally held on the last Sunday in March, it was brought forward this year, because of the early Easter Week-End—(March 31St.) The Newcastle Skating Club's Carnival and the pending Hockey for Heart Tournament will be held on the week-end of April 6th 4. Financial Report—Preliminary budget plans for 2013 were discussed and further follow-up was required on ice rates and wages for the year. The chair advised he would provide current municipal ice rates for our next meeting. In addition, the members requested discussions with our arena manager should take place, before deciding on his remuneration for 2013. The chair will report back at the March meeting and the budget will be set then. Accounts receivable were provided—a total of$61,586.04 were outstanding- $44,298.60, (75%) current. Statements had been sent out January 7th, to all user groups. 5. New Business—,An offer from the municipality for replacement of our Defibrillator required a motion of acceptance for the board members. Motion# 13— 106 was proposed: THAT: The board members graciously accept the offer from the Municipality of Clarington for the replacement of our now, obsolete AED. A follow-up letter be sent to Mr. Horvath with motion enclosed outlining our acceptance and gratitude. Moved by: Bob Holmes Seconded by: Larry Burke CARRIED The Chair advised: Invoices for the rink-board advertising signs had been issued— 15 advertisers, for the total-amount of$6,700.00. Space is still available for more advertisers and new rates were established. Motion # 13-107 was proposed: THAT: A new rink board advertising rate will be set at $325.00 annual for any new advertisers. The existing advertisers, now on (3) location will be grandfathered and remain at$300.00. All rates are plus HST. The advertiser will continue to produce and pay for their own sign. Arena staff will install and maintain. Moved by: Gary Oliver Seconded by: Bob Holmes CARRIED With the Lexan sign covers becoming more expensive to purchase, Bob Holmes offered to research cleaning products for removing puck marks from the signs. Bob will also search out better pricing for the Lexan covers. i A letter from Newcastle Skating Club requesting permission to sell slices of Boston Pizza, as a fund raiser at their year-end Carnival week-end. A selling price of$3.00 per slice will provide a$1.00 commission back to their club. Motion # 13-108 was proposed: THAT: The Newcastle Skating Club be allowed to sell the Boston Pizza Slices at their Carnival,providing it does not involve our Snack Bar Staff or, equipment to heat and serve. The Skating Club will collect the money for these sales. Moved by: Gord Blaker Seconded by: Larry Burke CARRIED Gord Blaker advised of three (3)playoff games that were scheduled for this coming Saturday evening,Feb.16th. Concerns for sufficient staff on the snack bar were discussed. Arrangements for two staff members to be on duty from 5:00 P.M 10:00 P.M. were made. 6. Next Meeting—Tuesday March 12, 2013 —7:00 P.M. 7. Adjournment- Motion# 13-109 was proposed: THAT: The meeting is adjourned Moved by: Carol Little Seconded by: Bob Holmes CARRIED 1 - 2 CLARINGTON MUSEUMS AND ARCHIVES BOARD MEETING MINUTES February 13,2013 Sarah Jane Williams Heritage Centre 62 Temperance Street, Bowmanville, Ontario Present: J. Witheridge, Chair Mayor A. Foster B. Seto M. Morawetz J. Cashin-Oster S. Laing Regrets: M. Speelman-Viney Staff: J. Fielding,Executive Director V. Michalowsky 1. Call to Order: The meeting was called to order by the Chair at 7:00pm. 2. Adoption of Agenda: Moved by: Mayor Foster Seconded by: S. Laing THAT the agenda be approved. MOTION CARRIED 3. Announcements The Chair gave an introduction to the new Executive Director. The Executive Director addressed the board to say that she is very excited to be working with the Museums and Archives of Clarington and would like to build a relationship between staff and board members. 4. Approval of November 21st Board Meeting Minutes In the Business Arising names are missing for a Motion Carried; the Motion Carried might have been put in as an accident. This will be edited. Moved by: J. Cashin-Oster Seconded by: B. Seto MOTION CARRIED 5. Executive Director's Report: The Executive Director reported that she had received a letter from the Commercial Museum Operating Grant administration stating that we cannot apply for a museum grant of$25 000 this year because of applying after the deadline. The Executive Director had talked to the representative who suggested looking over our mandate and policies and reapplying next year. The Museum received $5000 from OPG for the Ice Age Mammals exhibit. However $2000 is still owing from Veridian; The Executive Director and Mayor Foster are to check on the invoice. Moved by: Marilyn Morawetz Seconded by: Mayor Foster MOTION CARRIED 6. Correspondence None. 7. Reports: a) Finance (Grant) The Museum might need to be audited soon; Jackie already be working on the Year end report. Mayor Foster told the board that the budget had been-approved and remains unchanged. Otherwise there is not much to report of as yet. b) Fund Development(Joe) To be moved to the next meeting. The original name of Collections and Event Planning was changed to Fund Development. Discussion about two "events," such as the tree and the boy's bedroom, should be a staff issue and does not need a board member in charge. S. Business Arising: a) Phil's Replacement The position still needs to be advertised. b) Kirby Church The Chair suggests that we either need to do something with the Kirby Church or not. Need council to look at it and assign money. Mayor Foster says there was no formal movement to council about the Kirby Church. S. Laing debated that a discussion about letters set to council had happened in June 2012. J. Cashin-Oster agreed. Mayor Foster said he would get staff to look at the issue. Discussion started by M. Morawetz about adding another property to create a"village" with Kirby Church, Clarice Museum and the additional property. The Executive Director brought up the issue of there have been phone calls about bills not being paid at the Kirby Church even though the Museum is not in charge of paying those bills. Discussion is started about what the Museum would do if the Kirby Church was moved by the Clarice Museum. Mayor Foster asks why the board should worry about the Kirby Church before the board has concretely figured out the Museum's mandate and where the Museum wants to go. It is also brought up that the United Church still owns the Kirby Church. It is decided that this is a very complicated discussion and will have to wait until another meeting. 9. New Business: The Chair wants to instate a system of"responsibilities"to each board member to help the Executive Director when she needs help and to keep the board up to date. S. Laing brought up the issue that the board already has committees and asks why we should then have these placements on top of them. The Chair says this will not circumvent committees but will just make it easier for reports and to help the Executive Director. The Chair does not want to make this into a policy. M. Morawetz requests that the term"responsibilities" is changed to "point person." S. Laing and J. Cashin-Oster request that Salaries and Finance should be the same category. J. Neal is taken off Projects and given Fund Development instead; Projects is added to M. Morawetz's category. Discussion is changed to the subject of Camp 30. Some of the Camp 30 buildings were offered to Council but Council did not accept them. There is a potential of setting up a foundation for the camp. When Ottawa was approached, the response was "excited."It was suggested that Fay Langmaid,the lead person of the Camp 30 project,to come to the next meeting to talk more about this issue. It could potentially be a big piece. M. Morawetz says that Martha Rutherford-Conrad had applied for Camp 30 to become a National History site before and Ottawa had agreed to do more research. A grant to stabilize the property is needed. Once stabilized,there can be more time to set up a foundation. It would not be a museum property but would instead be utilized either as a conference centre, weddings, etc. The option as a museum could be considered but not as a building of the Museums and Archives of Clarington. THAT the board accepts the revised Point Person list. Moved by: S. Laing Seconded by: B. Seto 10. Date and Place of Next Board Meeting: The next meeting of the Board of Directors of the Clarington Museums and Archives will be held on March 13, 2013 at the Sarah Jane Williams Heritage Centre at 7:00 p.m. 11. Adjournment: THAT the meeting adjourn at 8:07pm Minutes for the February 13,2013 meeting of the Clarington Museums and Archives Board have been accepted and approved oil Chair,Clarington Museums and Archives Board Executive Director,Clarington Museums and Archives MUNICIPALITY OF CLARINGTON 1 — 3 NEWCASTLE COMMUNITY HALL BOARD Meeting of the Newcastle Community Hall Board held on January 15 2013 at 7pm in the Council Chambers. Present Were: C. Abraham(acting chair) B. Carmichael S. DeJong P. DeJong W. Woo (councillor) G. Bell (secretary) Regrets From: W. Partner(councillor) APPOINTMENTS 1.1 Appointments for next 2 year term were ratified by Council on January 14 2013 as per Councillor Woo. Letters have not been sent out the new appointees as of yet. See attached email from Clerks office re: names of appointees. Board members discussed position of alternate board member appointed by council. As there is no provision in the Massey will for this position and there has never been an alternate assigned in the past, the board asked for clarification. Councillor Woo will discuss with Cleric and report back to the board. ELECTION OF CHAIR 2.1 As one of the new board members has not been informed of their appointment and not in attendance at meeting it was decided to table election of chair to February 19 2013 meeting. FINANCIALS 3.1 Financial Report for the year 2012 was presented (see attached) Motion by B. Carmichael, seconded by S. DeJong That financial report for the year 2012 be accepted as presented. "Carried" MINUTES 4.1 Motion by S. DeJong, seconded by W. Woo That minutes of November 2012 meeting be accepted as presented. "Carried" BUSINESS ARISING 5.1 Bartending—C. Abraham and G. Bell will be meeting with Lion member Tom Ujfalussy to discuss possibility of Lions Club working all bar events in future. 5.2 Fiddlers have closed their club—all items have been removed. 5.3 Issue of our clients parking in neighbourslot to the south tabled to February meeting. 1 5.4 Cadets have found a new home at Memorial Park Clubhouse in Bowmanville. All items were removed as of Jan 12 2013. G. Bell was finally able to connect with their captain to discuss removal of their items as they no longer had a lease with us. 5.5 B. Carmichael purchased a mirror for the Council Chambers. 5.6 Discussed vacation coverage over the holidays for custodian. Glenn Kimbal was able to work the 2 weeks. Will continue to enlist his help for closings and stacking of tables/chairs at the end of events when needed. Extra supervision is needed when regular custodian is off. 5.7 The Community Christmas dinner scheduled for December 25 at the hall was cancelled due to organizer being ill. 5.8 B. Carmichael reported no response from renewable energy school regarding assessing building for savings. CORRESPONDENCE 6.1 Received information from Operations Dept (see attached). The board agrees they would like to stay on the Municipal AED program. 6.2 Quote received from Geek Girl for website video and 2013 website maintenance Motion by S. DeJong, seconded by P. DeJong That we retain Geek Girl to made video for website as per quote. "Carried" Motion by B. Carmichael, seconded by P. DeJong That we retain Geek Girl Media for website maintenance for 2013 as per invoice. "Carried" 6.3 Invoice received for CBOT membership. Board discussed merits of belonging to this group. Although it does not appear that we benefit from belonging to this organization it was felt that the one event CBOT books yearly at our hall could generate business from those attending. Board members will make more of an effort in 2013 to attend Simply Social events to promote the hall. Motion by S. DeJong, seconded by W. Woo That the Hall Board maintain membership with CBOT for 2013. "Carried" 6.4 Received letter of appreciation from Newcastle Chamber of Commerce and donation of$200.00 for use of Council Chambers for their meetings. Motion by P. DeJong, seconded by B. Carmichael That the Hall Board maintain membership with Newcastle Chamber of Commerce for 2013. "Carried" C. Abraham, & Bell, S.DeJong, and B. Carmichael will attend.Chamber AGM on January 29 2013. 6.5 Website stats received for information. Note 25% of our hits are now coming from Oshawa. BILLS 7.1 Motion by P. DeJong, seconded by W. Woo 2 That the following bills be paid as presented—S. DeJong$75.00, S. Fogg $75.00, $30.00 "Carried" HEALTH & SAFETY 8.1 Report received—copy to be sent to Operations Dept. FUNDRAISING REPORT 9.1 See attached report prepared by B. Charmichael Discussed groups, other the hall board fundraising committee attempting to raise funds for the hall. It would be best if all fundraising endeavors are submitted through the fundraising committee for approval and support. Discussed possibility of requesting Council to do a feasibility study on air conditioning for the hall. It was agreed that board would invite Director of Operations Fred Horvath to come to February meeting to discuss options first. NEW BUSINESS 10.1 Secretary asked if inside of kitchen cupboards could be washed, tiled and trim be put down on kitchen floor. S. DeJong will contact Rona re: donation of tiles to line the cupboards. S. Fogg will put trim down on flooring. 10.2 C. Abraham will arrange for help to move secretarial office to 2"d floor. 10.3 A. Darlison of COAA has contacted board to hold older adults event at hall on Nov 24 2013. Old Tyme Christmas with Scott Woods. This would be a two hour event. Board agreed to a fee of$200.00 for this older adults event. . 10.4 Also discussed possibility of reduced rate to have COAA run dance lessons for older adults in the hall. It was agreed hourly rate could not be reduced any more than it presently is. 10.5 Secretary reported has had spring wedding clients concerned about view of No Frills. Discussed options for partitioning off west side of parkette near gazebo i.e. lattice work, trees. 10.6 For information-website called Paul's Halls has added Newcastle Hall to his list of venues. 10.7 Director of Finance has been rescheduled to speak with board at February meeting. 10.8 Updated information on board members i.e. address, email,phone numbers. 10.9 Discussed 90th celebrations. All fundraising will advertise the anniversary of the hall. G. Bell will work with BIA on Fall Festival will discuss with them including celebration of 901h 10.10 Secretary asked if Council Chambers could be made more presentable for wedding ceremonies. Full length mirror will be hung on wall. Extra board chairs will be removed. Felt to put on bottom of board table so it can be moved back. Old vinyl chairs to be removed and replace with outdoor folding chairs. Board members agreed to all of the above. MISCELLANEOUS 11.1 .At December Christmas dinner the following motion was made. Motion by L. Franssen, seconded by W. Woo That invoices be paid as presented— 154.52,33.88, 475.00, 64.41, 450.00 and 25.00 "Carried" ADJOURNED 8:45 PM 3 Clarl'ngton Leading the Way REPORT#1 REPORT TO COUNCIL MEETING OF MARCH 25, 2013 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MARCH 18, 2013 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-011-13 Monthly Report on Building Permit Activity for February, 2013. (b) OPD-007-13 Pitch In Week 2013 (c) FND-004-13 Mayor and Councillors' Remuneration and Expenses for 2012 (d) CAO-003-13 Interim Report on Strategic Priority: "Connecting Clarington" 2. TO PERMIT A DRIVE-THROUGH FACILITY ACCESSORY TO A BANK APPLICANT: VALIANT RENTAL INC. THAT Report PSD-016-13 be received; THAT Amendment No. 91 to the Clarington Official Plan submitted by Valiant Rental Inc., to permit a drive-through facility accessory to a bank, as contained in Attachment 3 to Report PSD-016-13, be adopted and the By-law adopting the Official Plan Amendment contained in Attachment 4 to Report PSD-016-13 be passed; THAT the Zoning By-law Amendment application, submitted by Valiant Rental Inc., be approved with a `Holding (H) Symbol' as contained in Attachment 5 to Report PSD-016-13; THAT a future report be forwarded to Council to lift the 'Holding (H) Symbol' at such time as the Site Plan meets the requirements of the urban design criteria contained in Section 11.5 of Report PSD-016-13; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report #1 . - 2 - ' March 25, 2013 THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and THAT all interested parties listed in Report PSD-016-13 and any delegations be advised of Council's decision. 3. APPLICATION TO AMEND THE ZONING BY-LAW TO PROHIBIT RESIDENTIAL USES ON AGRICULTURAL LAND AS A RESULT OF THE SEVERANCE OF APPLICANT:SURPLUS FARM DWELLING • • BARCHARD THAT Report PSD-017-13 be received; THAT the application to amend Zoning By-law 84-63 to facilitate the severance of a surplus farm dwelling be approved and that the Zoning By-law Amendment attached to Report PSD-017-13 be adopted by Council; THAT the Durham Regional Planning Department, Municipal Property Assessment Corporation and Durham Regional Land Division Committee be forwarded a copy of Report PSD-017-13 and Council's decision; and THAT all interested parties listed in Report PSD-017-13 and any delegations be advised of Council's decision. 4. APPLICATIONS TO AMEND OSHAWA ZONING BY-LAW 60-94 AND APPROVE PROPOSED DRAFT PLAN OF SUBDIVISION APPLICANT: 1494339 ONTARIO LIMITED THAT Report PSD-018-13 be received; THAT the City of Oshawa be advised that the Municipality of Clarington has no objection to the proposed Zoning By-law Amendment and proposed Plan of Subdivision for 33 single detached dwellings subject to the Conditions of Draft Approval contained in Attachment 3 to Report PSD-018-13; ' THAT a copy of Report PSD-018-13 be forwarded to the City of Oshawa, Development Services Department and the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD-018-13 be advised of Council's decision. Report #1 - 3 - March 25, 2013 5. HERITAGE INCENTIVE GRANT PROGRAM THAT Report PSD-019-13 be received; THAT the Heritage Incentive Grant Program, as outlined in Attachment 2 of Report PSD-019-13, be approved for heritage properties designated under Part IV (Individual) and Part V (District) of the Ontario Heritage Act; and THAT all interested parties listed in Report PSD-019-13 be advised of Council's decision. 6. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: ALDERGROVE ESTATES INC. THAT Report PSD-020-13 be received; THAT the application, submitted on behalf of Aldergrove Estates Inc. to remove the Holding (H) symbol, be approved and that the By-law attached to Report PSD-020-13 to remove the Holding (H) symbol be passed; THAT Council's decision and a copy of Report PSD-020-13 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-020-13 and any delegations be advised of Council's decision. 7. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND FOR A PROPOSED DRAFT PLAN OF SUBDIVISION TO CREATE 42 SINGLE DETACHED DWELLING LOTS _ APPLICANT: WEST DIAMOND PROPERTIES INC. THAT Report PSD-021-13 be received; THAT Amendment No. 92 to the Clarington Official Plan, submitted by West Diamond Properties Inc. to delete the Public Elementary School symbol from the subject lands and to adjust housing and population targets, as contained in Attachment 3 of Report PSD-021-13, be adopted and the By-law adopting the Official Plan Amendment contained in Attachment 4 of Report PSD-021-13 be passed; Report #1 - 4 - March 25, 2013 THAT the application for the proposed Draft Plan of Subdivision, submitted by West Diamond Properties Inc. to permit the development of up to 42 residential units, be supported, subject to the conditions contained in Attachment 5 to Report PSD-021-13, including a requirement for the developer to include a handout sheet, as part of the purchase and sale agreement, regarding the proximity to the railroad tracks; THAT the By-law, authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2012-0004 and the Municipality of Clarington, be approved as contained in Attachment 6 to Report PSD-021-13; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-021-13 and Council's decision; and THAT all interested parties listed in Report PSD-021-13 and any delegations be advised of Council's decision. 8. EXECUTION OF AGREEMENT WITH THE REGION OF DURHAM HEALTH DEPARTMENT TO DELEGATE RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT IN RESPECT TO SEWAGE SYSTEMS THAT Report EGD-010-13 be received; THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the agreement with the Regional Municipality of Durham attached to Report EGD-010-13, as Attachment 1, for the administration of the Building Code Act and the Ontario Building Code, as it relates to the enforcement of small.capacity sewage systems; THAT the by-law attached to Report EGD-010-13, as Attachment 4, be forwarded to Council; and THAT a copy of Report EGD-010-13, Council's resolution and the by-law be forwarded to the Regional Municipality of Durham. 9. ST. STEPHENS ESTATES SUBDIVISION PHASE 2 STAGE 1B, PLAN 40M-2048 (PART OF), BOWMANVILLE `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-013-13 be received; THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2048 (Part of); and Report #1 - 5 - March 25, 2013 THAT Council approve the by-law, attached to Report EGD-013-13, assuming a certain street within Plan 40M-2048 as public highway. 10. DARLINGTON BASEBALL FIELD THAT Report OPD-008-13 be received; THAT Council release Ontario Power Generation from the lease agreement for the Darlington Baseball Field, THAT the Mayor and Clerk be authorized to execute the Confirming Letter of Termination; and THAT Ontario Power Generation be advised of Council's decision. 11. DAY OF MOURNING CEREMONY THAT Report CSD-003-13 be received; THAT the Municipality of Clarington proclaim April 28, 2013, Clarington Day of Mourning (Attachment 1 of Report CSD-003-13); THAT a ceremony be held at the Municipal Administrative Centre Cenotaph on Friday April 26, 2013 at 11:30 a.m.; and THAT the flags be lowered in honour and remembrance of those killed in the workplace. 12. APPOINTMENT TO SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE THAT Report CLD-011-13 be received; THAT Kate Potter be appointed to the Samuel Wilmot Nature Area Management Advisory Committee for a term concurrent with Council; and THAT all interested parties listed in Report CLD-011-13 be advised of Council's decision. 13. APPOINTMENTS TO THE SUSTAINABLE CARLINGTON COMMUNITY ADVISORY COMMITTEE THAT Report CLD-012-13 be received; Report#1 - 6 - March 25, 2013 THAT the following seven applicants be appointed to the Sustainable Clarington Community Advisory Committee for a term concurrent with Council: Suzanne Elston Mike Dymarski Kerry Meydam Neil Allin Michael Patrick Allan Hewitt Lorraine Jones THAT Councillor Hooper be appointed to the Sustainable Clarington Community Advisory Committee, for a term ending concurrent with Council, as the representative of Council; and THAT all interested parties listed in Report CLD-012-13 be advised of Council's decision. 14. 2014 MUNICIPAL ELECTIONS THAT Report CLD-013-13 be received;- THAT the use of accessible voting equipment in the Municipality of Clarington municipal and school board elections, as provided for in Section 42(1)(b) of the Municipal Elections Act, 1996 be approved; THAT the use of"special ballots", being mail-in-ballot on request, as an alternative voting method for electors who are unable to attend the voting location to vote on election day or at the advance voting opportunities because of physical incapacity, being absent from the municipality, or working as an election official be approved; THAT the use of automated vote counting equipment for the purpose of counting votes cast in the Municipality of Clarington municipal and school board elections be approved; THAT the draft By-law, attached to Report CLD-013-13 as Attachment 1, authorizing the use of accessible voting equipment, special ballots, and vote counting equipment, be approved; and THAT all interested parties listed in Report CLD-013-13 be advised of Council's decision. Report #1 - 7 - March 25, 2013 15. RFP2012-9 GENERAL CONTRACTOR AND TRADE REGISTRY THAT Report COD-002-13 be received; THAT selected contractors, listed in Attachment 1 of Report COD-002-13, be approved to form a registry for the provision of various trades and related services with an estimated value of less than $25,000.00 (i.e., net of H.S.T. Rebate) per project for the period April 1, 2013 to March 31, 2016, with the option to extend contracts on the registry for two one-year terms; and THAT the Trades,Qualifications and Apprenticeship Act be explicitly considered and required as part of the pre-qualification. 16. PURCHASE OF A PRE-BUILT AERIAL TRUCK THAT Report COD-007-13 be received; THAT the actions taken by the Manager of Purchasing with the solicitation of expressions of interest from known fire truck manufacturers to determine the immediate availability of a new Aerial Truck with a 100' Aerial Ladder be endorsed; THAT the Purchasing Manager be authorized to negotiate a purchase price for a selected unit and issue a purchase order to complete the transaction; and THAT an information report to Council be provided summarizing the results of the Request for the Expressions of Interest and the negotiated purchase of the selected unit. 17. CO-OP TENDER C2013-004 ASPHALT REGISTRY HOT MIX, COLD MIX & HIGH PERFORMANCE COLD MIX THAT Report COD-008-13 be received; THAT Miller Paving Limited, with a total bid price of$16,210.37 (net of H.S.T. rebate), being the lowest responsible bidder for delivery of hot mix, meeting all terms, conditions and specifications of Tender C2013-004, be awarded the Asphalt Hot Mix Registry for the Municipality of Clarington's requirements; THAT Innovative Surface Solutions, with a total bid price of$181,356.98 (net of H.S.T. rebate), being the lowest responsible bidder for delivery of high performance cold mix, meeting all terms, conditions and specifications of Tender C2011-120, be awarded the Asphalt High Performance Cold Mix Registry for the Municipality of Clarington's requirements; Report #1 - 8 - March 25, 2013 THAT the funds expended for hot mix in the amount of$16,210.37 and high performance cold mix in the amount of$181,356.98 be drawn from the Department of Operations, 2013 Current Budget Pavement Patch account 100-36-381-10255-7112 in the estimated annual amount of$205,000.00; and THAT pending satisfactory service and acceptable pricing the contract be extended for a second and third year. 18. 173 BASELINE ROAD IN BOWMANVILLE SUPERIOR COURT FILE NO. 128/09 ROBINSON V. MUNICIPALITY OF CLARINGTON ET AL. THAT Resolution #CGPA-07-13, passed in Closed Session regarding 173 Baseline Road in Bowmanville, be ratified. 19. SPECIAL COUNCIL MEETING CALLED FOR TUESDAY, MARCH 19, 2013 THAT a Special meeting of Council be scheduled for 4:00 p.m. Tuesday, March 19, 2013 to consider Newcastle Recycling Ltd, 2011 Superior Court Application, Part of Lot 12, Concession 3, former Township of Clarke. Unfinished Business #1 Excerpt of Council Minutes March 4, 2013 Resolution#C-079-13 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report CLD-007-13 be received; THAT the proposed changes to Kennel Licensing By-law be endorsed; THAT the proposed changes to the Responsible Pet Owners'By-law be endorsed as amended to add following section: 3.21 (1) In this section "board" means to take in for a temporary period of time for financial gain. (2) Notwithstanding subsection 3.20(1), an owner of property in an Agricultural Zone may keep 3 or fewer dogs that have been licensed to the owner in accordance with this by-law and, in addition, may board 3 or fewer dogs. and that the balance of Part 3 in the By-law be renumbered accordingly; THAT the proposed draft Responsible Pet Owners By-law, Attachment 1 to Report CLD-007-13 be passed; THAT the proposed Kennel Licensing By-law, Attachment 2 to Report CLD-007-13 be passed; THAT Council authorize staff to commence an amendment to the Zoning By-laws to amend appropriate definitions and provisions to provide greater consistency with the draft "Responsible Pet Owners By-law" and the proposed "Kennel By-law"; and THAT all interested parties listed in Report CLD7007-13 be advised of Council's decision. "TABLED" (See following motion) Resolution #C-080-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the foregoing Resolution #C-079-13 be tabled until the next Council meeting. "CARRIED" Clarhwn REPORT CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 25, 2013 Resolution#: ��✓ � � m/ By-law#: Report#: CLD-007-13 File : Subject: AMENDMENTS TO RESPONSIBLE PET OWNERS BY-LAW AND KENNEL LICENSING BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-007-13 be received; 2. THAT the proposed changes to Kennel Licensing be endorsed; I 3. THAT the proposed changes to the Responsible Pet Owners By-law be endorsed; 4. THAT the proposed draft Responsible Pet Owners By-law, Attachment 1 to Report CLD-007-13 be passed; 5. THAT the proposed Kennel Licensing By-law, Attachment 2 to Report CLD-007-13 be passed; 6. THAT Council authorize staff to commence an amendment to the Zoning By-laws to amend appropriate definitions and provisions to provide greater consistency with the draft "Responsible Pet Owners By-law" and the proposed "Kennel By-law"; and 7. THAT all interest d p rties listed in Report CLD-007-13 be advised of Council's decision. Submitted by: %" . Reviewed by:ie Franklin Wu, lerk Chief Administrative Officer P L B/CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT • 11 The Responsible Pet Owners By-law, By-law 2006-227, was enacted by Council on December 18, 2006. This By-law repealed By-law 99-90, as amended, and the primary changes were in response to the restricted breed requirements which were enacted under the Dog Owners Liability Act(DOLA). Since that time, several amendments have been made to the By-law respecting fees and leash free areas. The Kennel Licensing By-law, By-law 2006-228, was also enacted by Council on December 18, 2006. This By-law, although a new by-law at that time, was based on sections removed from the prevailing Responsible Pet Owners By-law, By-law 99-90. Staff have been working under the authority of these two By-laws for six years now, and are proposing a number of changes which, if approved by Council, will provide: more efficient means by which to address situations involving aggressive dogs, and clarity on definitions, including doggie daycares and boarding kennels. Additionally, the . recommended changes will correct a few areas which were overlooked at the time that By-law 99-90 was separated out into two By-laws. These particular corrections will enable the Animal Services Officers to enforce the requirements of the By-laws as they were intended. In drafting the recommended By-law changes, Municipal Clerk's staff consulted with Planning Services and the Municipal Solicitor. During the previous term of Council, staff consulted the Clarington Agricultural Advisory Committee and the former Animal Advisory Committee for input regarding the maximum number of dogs. Additionally, draft copies of the proposed Kennel Licensing By-law were sent to all existing licensed Kennels soliciting comments. Feedback from these stakeholders has been incorporated into the recommended draft by-laws attached to this Report. 2. Responsible Pet Owners By-law In addition to minor housekeeping amendments to the existing Responsible Pet Owners By-law, the following details the significant changes being proposed by staff. 2.1 Aggressive Behaviour Involving Restricted Breeds By-law 2006-227 was drafted to acknowledge the requirements of DOLA and demands our Animal Services Officers to initiate a proceeding under DOLA for any incident of aggressive behaviour involving a restricted breed dog (ie. Pit Bull). This approach, at that time, was deemed appropriate. Since the enactment of the restricted breed requirements under DOLA, however, we have learned through various cases that the Crown's expectations for our DOLA case files are extremely challenging to meet and are therefore not likely to proceed. At a more local level, staff has found that initiating a proceeding under DOLA for an incident involving a restricted breed often leads to the case not proceeding due to minor technicalities. In these cases, the net results are staff frustrations, poor use of court and staff resources, and very dissatisfied victims. Staff REPORT NO.: CLD-007-13 PAGE 3 has concluded, that these outcomes could more appropriately be avoided by handling the situations through our traditional Order to Restrain process. Staff are therefore recommending that the By-law be amended such that a standard process be used for investigations and Orders regardless of the breed. This would not, however, affect our right to initiate a proceeding under DOLA should the situation warrant. 2.2 Orders to Restrain — Flexibility of Content Currently Section 5.2.6 of the By-law demands all Orders to Restrain include the following requirements: a) Licence and register the dog with the Municipality within 7 days, have the dog microchipped within 21 days, and provide proof of both within 30 days of receipt of the Order; b) Notify the Municipal Clerk, or designate, immediately upon relocating the dog or transferring the ownership of the dog; c) Restrain the dog at all times while on the Owner's property (i.e. in a fenced in area) to prevent contact with people and other animals; and d) Muzzle and leash the dog when off the owner's property with a leash no longer than 6 feet and under the care of someone 16 years or older. The intent of an Order to Restrain is to ensure the safety of those persons or animals who may come in contact with the subject dog. While these measures prove very effective, there are a number of instances where some of the requirements may not be appropriate. Staff is often faced with situations where the circumstances of the bite/attack may more appropriately require only some of the aforementioned requirements or may require additional requirements. Staff is recommending that the By-law be amended to allow the Officers flexibility in determining the appropriate requirements of an Order to Restrain based on each situation. Staff is not recommending any changes to the existing right of the Owner to appeal an Order to Restrain. 2.3 Restriction on Number of Pets Allowed — Extension to Agricultural Land Currently there is a disconnect between the Responsible Pet Owners By-law and the Kennel Licensing By-law where the maximum number of dogs permitted is concerned. The intent, when the kennel licensing provisions were removed from the Responsible Pet Owners By-law in 2006, was to allow owners to have three dogs and should the owner be situated on agriculturally zoned property with more than five acres, they could own more than three provided they applied for and met all the necessary requirements of the Kennel licence. Unfortunately, the intent has not been met due to inconsistency between the Responsible Pet Owners By-law, the Kennel Licensing By-law, Zoning By- law 84-63 and Zoning By-law 2005-109 for lands within the Oak Ridges Moraine. Staff are recommending that the Responsible Pet Owners By-law be amended to extend the restriction of the maximum number of dogs to also include agriculturally zoned lands unless licensed as a Kennel. Recognizing the need to allow owners who are actively involved in hunting or showing dogs or owners who have working dogs as part of their husbandry, an exemption clause is also recommended. To qualify for the exemption, the owners would be required to provide active participation. Note, these requirements currently exist in the Kennel Licensing By-law. See Section 3.2 of this Report for recommended changes to the Kennel Licensing By-law as it pertains to the maximum number of dogs permitted to coincide with this recommended change. Note, provisions will be included with the amendment to permit owners who currently have more than the recommended maximum to keep those dogs until they have died or are otherwise rehomed. 2.4 Restriction on Number of Pets Allowed — Exemption Permit for Urban Areas The Clarington Responsible Pet Owner's By-law has imposed a maximum dog limit for many, many years. However, over the past few years, staff has dealt with the occasional situation where, due to very unusual circumstances, a family is faced with having to part with one of their dearly loved pets in order to meet the by-law requirements. Such circumstances have included a merging of two families, a family moving into Clarington where the previous municipality allowed more dogs than Clarington, or where there has been a death in the family and an "inheritance" of the family member's pet. These are challenging situations for the Officers and the by-law does not provide any flexibility, thus the only recourse has been for the owners to request an exemption from Council. To address these situations, staff is recommending that the Municipal Clerk, or designate, be authorized, through a permitting application process, to approve the keeping of more than the prescribed limit where deemed appropriate. 2.5 Minimal Care Requirements — Owner to Live on Property Where Dog is Housed Section 13 of our current By-law speaks to minimum animal care requirements. These requirements are consistent with Provincial Regulations under the Ontario Society of Prevention of Cruelty to Animals Act. Our Officers have, on occasion, encountered situations where animals are kept restrained on a vacant property where the animal appears to be more or less healthy but the welfare of the animal is questionable. As authorized under the Ontario Society of the Prevention of Animal Cruelty Act, to address these types of situations, staff is recommending that our minimal animal care requirements be expanded to include a requirement that where an animal is customarily kept in an area other than within a dwelling unit, the animal shall only be kept on the same property as the owner's dwelling unit. This, recommended amendment also includes an exemption for a dog which is relied on as part of the farming husbandry. REPORT NO.: CLD-007-13 PAGE 5 3. Kennel Licensing By-law Clarington currently has 13 licensed kennels. Staff circulated the proposed draft Kennel By-law to every licensed kennel owner and invited input and comments. Two owners responded. Staff responded to all of their questions. One respondent requested: clarification in Section 1.7 -Application; allow licence renewals to rely on previously submitted drawings where no changes to the property have taken place; and recommended a change of wording in Section 5.1 Boarding. All of these requests for changes have been incorporated into the proposed draft by-law. The other respondent expressed concerns with allowing "doggie daycare" on lands not zoned for kennels. In addition to minor housekeeping amendments to the existing Kennel Licensing By-law, the following details the significant changes being proposed by staff. 3.1 Definitions —.Consistency and Clarification Staff are recommending that the definitions for both Boarding Facility and Kennel be replaced with definitions that are more consistent with the definitions contained in Zoning By-law 84-63 and Zoning By-law 2005-109 for lands within the Oak Ridges Moraine. Currently the two By-laws are not consistent as the 2005 Oak Ridges Moraine By-law was made to be less rigid than the definition of Kennel in 84-63. The provisions of the two Zoning By-laws should be generally consistent, recognizing that there may need to be some differences with the focus in zoning on land use compatibility versus the focus on animal welfare and consumer protection. The proposed new definitions are: Boarding — means the taking in of dogs for a temporary period of time for financial gain. Kennel — means a building or structure within which four or more dogs are being kept, or boarded for profit and includes any associated lands. 3.2 Restriction on Number of Pets Allowed — Hunting, Working & Show Dogs - The combined intent of the Kennel Licensing By-law and the Responsible Pet Owners By-law is to promote the safety of the public, health and well-being of animals, and consumer protection. The existing Private Kennel requirements are really out of place. "Kennel", as defined both in the existing By-law and the proposed definition above, speaks to "for profit", where as a Private Kennel is defined and designed to accommodate owners who hunt or show or have working dogs to keep more the maximum number of animals. This concept of Private Kennel has proven to be confusing both for staff and the public. Staff recommends that any reference to "Private Kennel" be removed from the Kennel Licensing By-law as well as Zoning By-law 84-63. Staff further recommends that the exemption to the maximum number of dogs be included in the Responsible Pet Owners By-law (see section 2.3 above) and that proof of active participation clauses (similar to those currently detailed under the Private 1 • Kennel Licence section of the Kennel By-law) be also added to the Responsible Pet Owners By-law. 3.3 Licensinq Period — Change from March to May Kennel licences are currently valid from the date of issue and expire on March 31St of each year. Prior to issuing a licence, Animal Services Officers attend each applicant's facility. Conducting these inspections during the month of March and the beginning of April causes difficulty due to weather conditions. Often the state of the facility grounds are not exposed due to snow. Staff therefore recommends that the Kennel licensing period expire on May 31St of each year. Should Council approve this recommendation, existing licences would be extended for the two month period. 3.4 Doqgie Daycare As stated earlier, one of the goals of the Kennel Licensing By-law is to provide consumer protection. While the Zoning By-laws speak to Kennels and Home Occupations, neither the Kennel Licensing By-law, the Responsible Pet Owners By-law nor the Zoning By-laws explicitly addressed doggie daycares. To provide clarity on licensing requirements for doggie daycares, staff are recommending that a new clause . be added to the Kennel Licensing By-law to explicitly state that a licence is not required where there are not more than the permitted number of dogs allowed as per the Responsible Pet Owners By-law being boarded. Note, the existing rules are not being amended, but rather clarified. Should a doggie daycare operator board more than the permitted number of dogs allowed as per the Responsible Pet Owners By-law, the owner is required to apply for and qualify to licence the operation as per the Kennel Licensing By-law. 3.5 Animal Breedinq — Clarification In support of the restricted breed requirements of DOLA and to add clarification to the By-law, staff are recommending that a clause be added to the Kennel Licensing By-law which expressly prohibits the breeding or boarding of any animal prohibited by law. (eg. Pit Bulls). To add clarity to the protection of the animals, staff are recommending that clauses be added to the Kennel Licensing By-law which expressly prohibits a person from whelping more than one litter per dog within a twelve month period, and from breeding any dog under the age of one year old. REPORT NO.: CLD-007-13 PAGE 7 3.6 Appeal Process As stated earlier, the Municipality regulates Kennels in Clarington to promote the safety of the public, health and well-being of animals and consumer protection. The zoning requirements to operate a Kennel in Clarington is defined in the Zoning By-law. The application requirements, operating standards, animal care and facility management requirements are all very clearly defined in the proposed Kennel By-law. The standards that must be met are not unreasonable nor cost prohibitive. Staff therefore recommend that the Kennel license application appeal process be removed thus rendering the Municipal Clerk's decision as final. 4. CONCURRENCE This report has been reviewed by Andy Allison, Municipal Solicitor and David Crome, Director of Planning Services, who concur with the recommendations. 5. CONCLUSION Staff are committed to ensuring the safety of the public, the health and well-being of animals and consumer protection. To better enable staff to achieve these goals staff is requesting that Council approve the recommended changes to the Responsible Pet Owners By-law and the Kennel Licensing By-law to: a. delete private kennel category b. clarify doggie daycare C. prohibit breeding of illegal dogs d. allow for flexibility in Order to Restrain requirements e. extend the restriction of the number of dogs to agriculturally zoned lands f. authorize Municipal Clerk to permit exemptions to restrictions on number of dogs in specific circumstances g. require owners to live on the property where dogs are being housed. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachments: Attachment 1 - Draft Responsible Pet Owners By-law Attachment 2 - Draft Kennel Licensing By-law List of interested parties to be advised of Council's decision: Animal Alliance Clarington Licensed Kennel Owners ATTACHMENT# .�-L - Td � REPORT# JY THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2013-XXX Being a by-law respecting responsible pet ownership WHEREAS Section 11 of the Municipal Act, 2001 confers the power to pass by-laws respecting animals to lower-tier municipalities; WHEREAS under Subsection 8(3) of the Municipal Act, 2001 a by-law respecting a matter may (a) regulate or prohibit the matter; (b) require persons to do things respecting the matter; and (c) provide for a system of licences respecting the matter; WHEREAS Section 103 of the Municipal Act, 2001 confers the power upon a municipality to pass a by-law to provide for the seizure and impounding of animals being at large or trespassing and the sale of impounded animals under certain conditions; WHEREAS Section 105 of the Municipal Act, 2001 requires that a hearing be held on whether to exempt the owner of a dog in whole or in part from muzzling requirements imposed by the municipality when so requested by the dog owner; and WHEREAS the Municipality promotes the humane treatment of animals and responsible pet ownership. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: PART 1 - INTERPRETATION Definitions 1.1 In this by-law, "Agricultural Zone" means an "Agricultural(A)" zone in a Zoning By-law; "altered", in the case of a female pet, means spayed or otherwise operated on by a licensed veterinarian to prevent conception and, in,the case of a male pet, means neutered or castrated by a licensed veterinarian; "Animal Services Officer" means a Municipal Law Enforcement Officer whose duties include the enforcement of,this by-law; "at large" means found on any property other than the pet owner's property (unless prior consent is given by the person owning or occupying the property) and not under a person's control; "cat" means a feline of any breed of domesticated carnivore of the species fells catus; Responsible Pet Owners By-Law Page 12 "dog" means a domesticated carnivore of the species canis lupus; "DOLA" means the Dog Owners'Liability Act, R.S.O. 1990, c. D.16; "keep", when used in relation to a pet, means to temporarily or permanently harbour, have custody of, possess or own; "leash" means a strap, cord or chain that is designed to restrain the breed of pet it is controlling; "Leash Free Area" means an area designated by the Municipality in which dogs are not required to be on a leash; "Municipal Clerk" means Clerk of the Municipality or a designate; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c.25; "muzzle" means a humane device designed to fit over the mouth of a dog and fitted to prevent it from biting, without interfering with its breathing, panting, vision or ability to drink; "Order to Comply" means an order issued in accordance with section 4.14; "Order to Restrain" means an order issued in accordance with section 4.1; "owner", when used in relation to a pet, includes a person who keeps a pet and, where such person is under the age of 16, the person responsible for the custody of the person who is under the age of 16; "permanent identification" means an electronic microchip encoded with identification information that has been implanted in a pet; "person" includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors, or legal representatives; "pet" means a cat or a dog; "pit bull" has the same meaning as in section 1 of DOLA; "property" means one or more habitable rooms designed or intended to be used together as a single and separate housekeeping unit by one or more persons containing its own kitchen and sanitary facilities with a private entrance from outside the unit itself, and includes any land associated with such rooms and facilities; Responsible Pet Owners By-Law Page 13 "restricted pit bull" means a dog identified as such in section 7 of DOLA; "Shelter" means the Clarington Animal Shelter; "special needs dog" means a guide dog as defined in section 1 of the Blind Persons' Rights Act, R.S.O. 1990, c. B.7 or a specially trained and certified dog whose purpose is to assist a disabled person with his or her daily activities; "under a person's control means on a leash held by a person over the age of 16 years or otherwise physically restrained in such a manner as to prevent the pet from biting or attacking a person or pet and to prevent contact with people and other animals; and "Zoning By-law" means a by-law passed by the Municipality pursuant to section 34 of the Planning Act, R.S.O. 1990, c. P.13 and includes Zoning By-law 84-63 and Oak Ridges Moraine Zoning By-law 2005-109. References 1.2 In this by-law, reference to any Act or By-Law is reference to that Act or By-Law as it is amended or re-enacted from time to time. 1.3 Unless otherwise specified, references in this by-law to sections and subsections are references to sections and subsections in this by-law. Word Usage 1.4 This by-law shall be read with all changes in gender or number as the context requires. 1.5 A grammatical variation of a word or expression defined has a corresponding meaning. Application 1.6 This by-law applies to all pets being kept in the Municipality unless otherwise specified. 1.7 This By-law shall not apply to pets kept at, (a) Bowmanville Zoo, the Orono Cat World, and any other facility accredited by the Canadian Association of Zoological Parks and Aquaria; (b) any facility being run by the Ontario Society for the Prevention of Cruelty to Animals; (c) a veterinary hospital under the care of a licensed veterinarian; Responsible Pet Owners By-Law Page 14 (d) any television or film studio temporarily for the purpose of a television or film production; (e) pet shops; or (f) any premises under the authority or control of a law enforcement agency. Schedule 1.8 Schedule "A" (Fees) is attached to and forms part of this by-law. Severability 1.9 Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other sections of this by- law. Conflict 1.10 Nothing in this by-law is intended to derogate from any of the powers a poundkeeper under the Pounds Act, R.S.O. 1990, c. PAT PART 2 - LICENSING 2.1 Every owner of a pet that is over the age of 12 weeks shall obtain a licence for the pet from the Municipality and pay a licence fee set out in Schedule "A". 2.2 Every person who becomes a pet owner at any time during the calendar year shall obtain a licence for the pet within 14 days of becoming its owner. 2.3 Every owner of a special needs dog shall license such dog but shall not be required to pay any licence fee. 2.4 Where a pet owner is a non-resident of the Municipality and his or her pet will not be kept in the Municipality longer than 30 days in any 1 calendar year, such owner shall not be required to license its pet if the Municipality is provided with proof of current registration of the pet from the municipality in which the owner's property is located. 2.5 Every licence, other than a lifetime licence, shall expire on December 31 of the calendar year for which it was issued. 2.6 To obtain a licence, a pet owner shall provide, (a) his or her name, address, home and business telephone number;. (b) the pet's breed, unique markings and name; and Responsible Pet Owners By-Law Page 15 (c) such other information as the Municipal Clerk may require. 2.7 A record shall be kept by the Municipality of all information provided as well as the licence number and the date on which the licence was issued. 2.8 An identification tag shall be issued for every licensed pet that shows the pet's licence number and the period for which the licence has been issued. 2.9 A pet owner shall ensure that the identification tag issued by the Municipality is kept securely affixed to its pet at all times. 2.10 No person shall affix or permit to be affixed an identification tag issued by the Municipality to any pet other than the pet for which the licence was issued. 2.11 The Municipal Clerk may refuse to issue a licence to any person. 2.12 Every owner shall notify the Municipality in writing if its pet is sold, gifted or otherwise transferred to another person within 14 days of the change of ownership. PART 3 — REGULATIONS Minimum Care Requirements 3.1 Every pet owner shall provide the pet or cause it to be provided with adequate and appropriate food and water, medical attention, resting and sleeping area, space to move, sanitary conditions, ventilation, light and protection from the elements including harmful temperatures. 3.2 In addition to the requirements of section 3.1, where a dog primarily lives outdoors, its owner shall, (a) provide a structurally sound, weatherproof, insulated enclosure, of a size and design appropriate for the dog, with off-the-ground flooring; (b) ensure that any chain, rope or similar restraining device used to tether the dog is at least 3 metres long, allows the dog to move safely and unrestricted (except by length) and allows the dog to have access to appropriate water and shelter; and (c) ensure that the dog is kept on the owner's property. 3.3 Section 3.2 shall not apply to a dog that is relied on as part of animal husbandry. 3.4 Every owner of an unaltered female pet shall keep it confined in a manner that will not attract other animals during each period that the pet is in heat. Responsible Pet Owners By-Law Page 16 Pets At Large 3.5 No pet owner shall permit the pet to be at large anywhere in the Municipality other than in a Leash Free Area. 3.6 No pet owner shall permit the pet, whether leashed or unleashed, to enter onto private property without the consent of the owner or occupant of the property. 3.7 While in any park, no pet owner shall permit the pet, even if it is on a leash, to enter I ny beach, pond, swimming area, farm area, garden, landscaped area, playground or sports area. Biting 3.8 No dog owner shall allow its dog to bite a person or another domestic animal. Leash Free Areas 3.9 No person shall bring into a Leash Free Area, (a) a female dog in heat; i (b) a dog without up-to-date vaccinations; (c) a dog wearing a spike, chain or pinch collar; (d) any animal other than a dog; (e) an unaltered male dog; (f) a restricted pit bull; or (g) a dog that must be muzzled or leashed in accordance with an Order to Restrain, an order issued by any other municipality or a court order under DOLA. 3.10 Every person who brings a dog into a Leash Free Area shall, (a) be least 16 years of age and capable of controlling the dog; (b) ensure that the dog is adhering to verbal commands to prevent it from lunging, attacking, biting or interfering with any person or another dog; (c) ensure that the dog is within sight at all times; (d) immediately leash and remove the dog from the Leash Free Area if it creates a nuisance or shows aggressive behaviour towards any person or other dog; Responsible Pet Owners By-Law Page 17 (e) immediately leash and remove the dog from the Leash Free Area at the request of an Animal Services Officer, if, in the opinion of the Animal Services Officer, the dog is showing signs of aggressive behaviour towards any person or other dog, is creating a nuisance, or is otherwise causing a breach of any provision of this by-law; (f) keep the dog on leash until it is inside the double gate; (g) put the dog on leash before exiting the double gate; (h) carry a suitable leash at all times for the dog; and (i) not leave the dog unattended. 3.11 No person shall bring more than 3 dogs into a Leash Free Area. 3.12 Children under 6 years of age are prohibited from entering a Leash Free Area. 3.13 Children between 6 and 12 years of age must be supervised by an adult attendant while in a Leash Free Area. 3.14 No person shall bring in to or possess while in a Leash Free Area, (a) any bottles, containers or any other articles equipment, or utensils, made of glass, china, ceramic or other breakable substance capable of causing injury to a dog; or (b) any food, including human or canine variety. 3.15 No person shall conduct classes or professional training within a Leash Free Area. 3.16 Every person who brings a dog into a Leash Free Area shall be responsible for its behaviour and any injuries or damage that it may cause. Number of Pets Allowed 3.17 No person shall keep more than 3 unaltered cats on a property. 3.18 Notwithstanding section 3.17, a person shall be allowed to keep up to 5 cats on a property if they have all been altered and permanently identified. 3.19 Sections 3.17 and 3.18 shall not apply to property in an Agricultural Zone. 3.20 (1) No person shall keep more than 3 dogs on a property without a permit (2) Generally, a permit to keep more than 3 dogs on a property shall only be approved by the Municipal Clerk if a person moves from a property outside of the Municipality and the dogs were permitted in the municipality from which the Responsible Pet Owners By-Law Page 18 person relocated, or two families merge and collectively they own more than 3 dogs. 3.21 Section 3.20 shall not apply to any owner who keeps on property in an Agricultural Zone, (a) more than 3 dogs if on the date that this by-law was passed the dogs were licensed with the Municipality; (b) sled dogs provided the sled dog owner provides proof acceptable to the Municipal Clerk of active participation or registration of the dogs in dog sled or similar races within the previous or impending 12 months; (c) hunting dogs provided the hunting dog owner provides proof of, (i) active membership in the Canadian Kennel club for registered hunting dogs; (ii) active membership in an association for the purpose of hunting dogs training or trailing; (iii) a hunting dog licence issued by the Ministry of Natural Resources within the previous 12 months; or (iv) other proof acceptable by the Municipal Clerk of hunting activities in the previous or impending 12 month. (d) farming dogs provided the farming dog owner provides proof acceptable to the Municipal Clerk that the dogs are required as part of animal husbandry; or (e) show dogs provided the show dog owner provides proof acceptable to the Municipal Clerk of, (i) active membership in the Canadian Kennel Club or any other association incorporated under the animal Pedigree (Canada); or (ii) participation in the previous or impending 12 month period in an approved dog show if it is an event, whether held in Ontario or elsewhere, that is sanctioned, in writing, by the Canadian Kennel Club, the United Kennel Club, the American Kennel Club, or the American Dog Breeders Association. Stoop and Scoop 3.22 Every pet owner shall immediately remove and dispose of, in a hygienic manner, all excrement left by the pet on any property, other than the owner's property. Responsible Pet Owners By-Law Page ( 9 3.23 Section 3.22 does not apply to, (a) an owner of a special needs dog, where the owner is unable to remove the excrement due to a physical disability or impediment; or (b) a blind or visually impaired owner of a special needs dog if the excrement was left while the special needs dog was on property other than the owner's property. 3.24 Every dog owner shall remove from his or her property, in a timely manner, excrement left by the dog, so as not to disturb the comfort of any person in the vicinity of the owner's property. Pit Bulls 3.25 Every restricted pit bull owner shall ensure that the restricted pit bull is equipped with a muzzle and secured by a leash when it is not in a pen or other enclosure such that prevents it from leaving the owner's property or the property of a person who has consented to the restricted pit bull being off leash or off muzzle. 3.26 Where a restricted pit bull is required to be secured by a leash, its owner shall ensure that, (a) it is properly fitted with a collar or harness; (b) its movement is controlled by means of a leash attached to the collar or harness; (c) the leash is not more than 1.8 metres in length; and (d) the collar or harness, the leash and the attachment between the Leash and the collar or harness are all strong enough to prevent the restricted pit bull from breaking any of them. 3.27 All restricted pit bulls brought into the Municipality for the purpose of a "dog show" as defined in O. Reg. 157/05, must comply with all requirements of that Regulation. Orders to Restrain 4.1 Where an Animal Services Officer has investigated and is satisfied that a dog has, (a) behaved in a manner that poses a menace to the safety of persons or domestic animals; (b) bitten or attacked a person or domestic animal; or Responsible Pet Owners By-Law Page 110 (c) on more than one occasion, allowed his or her dog to be at large; the Animal Services Officer may issue an Order to Restrain. 4.2 An Order to Restrain may require the dog's owner to take whatever action an Animal Services Officer feels is necessary in order to ensure more effective control of the dog, public safety or compliance with this by-law, and the date by which the action must be carried out. 4.3 Without limiting the generality of section 4.2, an Order to Restrain may require a dog owner to, (a) licence the dog with the Municipality within 7 days of receipt of the Order to Restrain; (b) have the dog permanently identified, at the Owner's expense, within 21 days of receipt of the Order to Restrain; (c) provide .proof that the dog has been permanently identified within 30 days of receipt of the Order to Restrain; (d) ensure that the dog successfully completes obedience training course; (e) alter the dog; (f) refrain from taking the dog to a Leash Free Area; (g) confine the dog within an enclosure or within its owner's property; (h) restrain the dog by means of a muzzle; and/or (i) post warning signs on the owner's property to give notice of the existence of the dog. 4.4 An Order to Restrain shall be served upon the dog's owner by, (a) delivering it personally to the owner; (b) leaving it for the owner at the owner's last known or usual place of abode with an inhabitant thereof who appears to be at least 16 years of age; or (c) sending it by registered mail to the owner's last known address. 4.5 Service of an Order to Restrain shall be effective on the day that it is personally served or left at the owner's last known or usual place of abode, or 5 days after mailing, as the case may be. 4.6 A dog owner who has been served with an Order to Restrain may for a hearing to determine whether the Order to Restrain should be revoked or amended. onsible Pet Owners By-Law Page 111 4.7 To receive a hearing, the dog owner or the dog owner's agent must make a written request for a hearing with the Municipal Clerk within 10 business days of the date that the Order to Restrain was served upon the owner. 4.8 As soon as practicable after receipt of the appeal, the Municipal Clerk shall notify the dog owner and any other persons having an interest in the incident that lead to the issuance of the Order to Restrain of the date, time and location of the hearing. 4.9 In the interim between the date that an Order to Restrain is served and the date of the hearing of the appeal, the owner shall comply with any restraint or confinement requirements specified in the Order to Restrain. 4.10 Following a hearing, the Municipality's Manager of Municipal Law Enforcement or a designate shall determine whether to exempt the owner in whole or in part from the requirements of the Order to Restrain. 4.11 If an owner fails to appear at such hearing, the Order to Restrain shall be deemed to be in full force and effect as if no appeal had been filed. 4.12 Every owner of a dog that is subject to an Order to Restrain shall immediately notify the Municipality if the dog is sold, gifted or otherwise transferred to another person or if the owner moves from his or her property. 4.13 Any dog owner who contravenes an Order to Restrain is guilty of an offence. Orders to Comply 4.14 Where an Animal Services Officer has investigated and is satisfied that a contravention of this by-law has occurred, the'Animal Services Officer may make an order requiring the person who contravened this by-law or who caused or permitted the contravention or the owner of the property on which the contravention occurred to do work to correct the contravention. 4.15 An Order to Comply shall set out, (a) reasonable particulars of the contravention adequate to identify the contravention and the location of the property on which the contravention occurred; and (b) the work to be done and the date by which the work must be done. 4.16 Sections 4.4 and 4.5 respecting service of an Order to Restrain shall apply with necessary modifications to an Order to Comply. 4.17 In default of any work specified in an Order to Comply being done by the person directed or required to do it, the Municipality may, Responsible Pet Owners By-Law Page 112 (a) enter upon land at any reasonable time to have the matter or thing done at the person's expense; and (b) recover the costs of doing the matter or thing from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. 4.18 Any person who contravenes an Order to Comply is guilty of an offence. Seizure and Impoundment 4.19 (1) In this section, "Officer" means an Animal Services Officer or a Durham Regional Police Services officer. (2) An Officer may seize and impound any pet found at large or delivered to the Officer by a person who found the pet at large. (3) An Officer may seize and impound a dog in a public place if the officer believes on reasonable grounds that, (a) the dog has on one or more occasions bitten or attacked a person or domestic animal; (b) the dog has on one or more occasions behaved in a manner that poses a menace to the safety of persons or domestic animals; (c) an owner of the dog has on one or more occasions failed to exercise reasonable precautions to prevent the dog from, (i) biting or attacking a person or domestic animal; or (ii) behaving in a manner that poses a menace to the safety of persons or domestic animals; (d) the dog is a restricted pit bull and the owner of the dog has on one or more occasions failed to comply with one or more of the requirements of this by-law respecting restricted pit bulls; (e) the dog is a pit bull other than a restricted pit bull; or (f) there is reason to believe that the dog may cause harm to a person or domestic animal. 4.20 (1) Subject to subsections (2) and (3), an Animal Services Officer may restore possession of an impounded pet to a person claiming to be the owner of the pet only where such person pays to the Municipality all applicable fees set out in Schedule "A" (impound fees, daily care fees and any outstanding licence fee) and any other costs incurred by the Municipality for the housing and caring for the Responsible Pet Owners By-Law Page 113 Animal, including the cost of any of veterinary care that a Animal Services Officer deemed necessary. (2) If the owner of an impounded pet provides sufficient proof of his or her residency in another municipality, such owner shall be exempt from paying the licence fee. (3) No person shall regain possession of a restricted pit bull without first providing proof that it complies with all requirements under DOLA. Where proof cannot be provided, the pit bull shall be disposed of in accordance with the requirements of DOLA. 4.21 (1) In this section, "redemption period" means 5 days from the day that a pet is impounded (not including the day of impounding or any day that the Shelter is closed). (2) When a pet has been impounded it shall remain impounded for the duration of the redemption period unless it is claimed in accordance with section 4.19. (3) If an impounded pet is not claimed on or before the last day of the redemption period, the Animal Services Officer may, at that Officer's discretion and subject to the Animals for Research Act, R.S.O. 1990, c. A.22, destroy, sell or make a gift of the pet and no compensation shall be recoverable on account of the pet's disposition or destruction. 4.22 Nothing in this by-law shall prevent an Animal Services Officer from euthanizing a pet that is suffering illness or injury and, in the Animal Services Officer's opinion, will not humanely sustain life, and no compensation shall be recoverable on account of the pet's destruction. 4.23 Where the Animal Services Officer deems it necessary to destroy a pet, the Animal Services Officer shall first make every reasonable attempt in the circumstances to contact its owner. 4.24 Any pets euthanized or destroyed under this by-law shall be disposed of in such a manner as the Municipality determines to be appropriate. 4.25 The Municipality shall keep a record of all pets seized and impounded pursuant to this by-law. Inspections 4.26 An Animal Services Officer may, at any reasonable time, enter upon any property (other than a room or place actually being used as a dwelling) for the purpose of carrying out an inspection to determine whether or not the provisions of this by- law have been complied with or whether an order issued under this by-law has been complied with. Responsible Pet Owners By-Law Page 114 4.27 No person shall prevent hinder or interfere or attempt to prevent hinder or interfere with an inspection undertaken by an Animal Services Officer. Offences and Penalties 4.28 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33. PART 5 — SURRENDERS and ADOPTIONS Surrender 5.1 The Municipality may accept the transfer of ownership of a pet from its owner if, (a) the Owner's written request is accompanied by payment of the surrender fee set out in Schedule "A"; (b) an Animal Services Officer determines that the pet can reasonably be expected to be placed in a new home; (c) the owner supplies all information requested by the Municipality; and (d) space is available in the Shelter. Adoption 5.2 A person may adopt a pet from the Municipality upon demonstrating to the satisfaction of an Animal Services Officer that he or she is capable of providing proper care to the pet and otherwise meeting the requirements of this by-law. 5.3 A person adopting a pet from the Municipality shall pay the adoption fee and licence fee set out in Schedule "A". 5.4 Notwithstanding section 5.3, where a pet that this suitable for adoption has been kept in the Shelter for an extended period of time or when otherwise deemed appropriate, the Municipal Clerk may reduce or waive the adoption fee. PART 6 - GENERAL Short Title 6.1 The short title of this by-law shall be the "Responsible Pet Owners By-law". Responsible Pet Owners By-Law Page 115 Repeal 6.2 By-law No. 2006-227, as amended by By-law Nos. 2007-208, 2008-035, 2008- 067, 2008-216, 2011-057, 2011-062 and 2011-122, is repealed. 6.3 Notwithstanding section 6.2, all licences issued under By-law No. 2006-227, as amended, shall remain in effect until they would have otherwise expired. Effective Date 6.4 This by-law shall be effective on the date that it is passed. By-law passed this day of November, 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk Responsible Pet Owners By-Law Page 116 SCHEDULE "A" - FEES Adoptions Fee dogs (all dogs are microchipped prior $95.00 to adoption) cats (all cats are microchipped and $130.00 altered prior to adoption unless it is too young or too small at time adoption, in which case the Owner is offered a rebate upon proof of altering.) Licences Fee 1. dog or cat - microchipped & $15.00 spayed or neutered 2. dog or cat—spayed or neutered $25.00 or microchipped 3. do - unaltered $40.00 4. cat— unaltered $40.00 5. dog or cat— lifetime (must be $80.00 altered & microchipped) 6. dog or cat—Agricultural Rate $100.00 (Rate offered where there are more than 3 dogs or 3 cats and where owner provides proof current rabies vaccination for each, and proof of zoning.) This is an annual licence and no discounts shall apply. NOTE: There is a 10% discount for licences purchased before January 1St of the licensing ear. Impoundment Administration Fee Impoundment of dog/cat wearing current licence or who is microchipped 1. First occurrence Free (if returned/picked up within 24 hours) Otherwise $50.00 2. Second or subsequent $75.00 occurrence 3. Daily care fee $15.00/day (every dog impounded is subject to an additional charge for every day or part of a day after the day the pet is brought into impoundment.) Responsible Pet Owners By-Law Impoundment of dog/cat NOT wearing current licence or NOT microchipped 1. First occurrence $50.00 2. Second or subsequent $75.00 $65.00 occurrence Transfer of ownership of a cat or dog, picked up by the Animal Services Officer, outside regular business hours. 3. Daily care fee $15.00/day Fee (Every dog impounded is Deposit—fully refundable on return of trap $45.00 subject to an additional charge Daily rental $5.00 / day for every day or part of a day Permit to Keep More Dogs Than Prescribed Limit Fee after the day the pet is brought Initial Application Fee $75.00 into impoundment.) Annual Renewal 4. In addition to the fees detailed Varies, in above, every Owner of a dog accordance not licensed for the current year with who is a resident of the Clarington's Municipality is also required to licensing fees pay the licence fees in addition to the impoundment fees Surrenders Fee *The Municipality can only accept surrendered pets if they can reasonably be expected to be placed in a new home. Pets will not be accepted for euthanasia. Pets are screened carefully to avoid la ing problem pets in new homes 1. Transfer of ownership of a cat or dog or litter, brought into the Animal Shelter $55.00 2. Transfer of ownership of a cat or dog, picked up by the Animal Services Officers, during normal working hours (excluding Sunday and Holidays) $65.00 3. Transfer of ownership of a cat or dog, picked up by the Animal Services Officer, outside regular business hours. $90.00 Trap Rental Fees Fee 1. Deposit—fully refundable on return of trap $45.00 1. Daily rental $5.00 / day Permit to Keep More Dogs Than Prescribed Limit Fee 1. Initial Application Fee $75.00 1. Annual Renewal $45.00 Page 117 ATTACHMENT_� �®T60 REPORT# THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2013-XXX Being a by-law to license kennels WHEREAS Section 11 of the Municipal Act, 2001 confers the power to pass by-laws respecting animals to lower-tier municipalities; WHEREAS under Subsection 8(3) of the Municipal Act, 2001, a by-law respecting a matter may (a) regulate or prohibit the matter; (b) require persons to do things respecting the matter; and (c) provide for a system of licences respecting the matter; WHEREAS under Sections 150 and 151 of the Municipal Act, 2001, a municipality may provide for a system of licences with respect to any business wholly or partly carried on within the municipality, including the sale or hire of goods or services on an intermittent or or one-time basis; and WHEREAS the Municipality promotes the humane treatment of animals and responsible pet ownership. NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: PART 1 - INTERPRETATION Definitions 1.1 In this by-law, "Animal Services Officer" means a Municipal Law Enforcement Officer whose duties include the enforcement of this by-law; "applicant" means a person seeking a licence or renewal of a licence; "boarding" means the taking in of dogs for a temporary period of time for financial gain; "breeding" means the production of offspring for financial gain; "dog" means a domesticated carnivore of the species canis lupus; "enclosure" means a cage or other container used for the keeping of any dog; "keep" means to temporarily or permanently harbour or have custody of; "kennel" means a building or structure within which four or more dogs are being bred or boarded for profit and includes any associated land; Kennel By-Law Page 12 "licence" means a licence issued by the Municipal Clerk to operate a kennel in accordance with this by-law; "licensee" means a person to whom a licence has been issued in accordance with this by-law; "Municipal Act, 2001" means the Municipal Act, 2001, S.0. 2001, c.25; "Municipal Clerk" means Clerk of the Municipality or a designate; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "person" includes an individual, association, firm, partnership, corporation, trust, organization, trustee or agent, and their heirs, executors or legal representatives; and "Zoning By-law" means a by-law passed by the Municipality pursuant to section 34 of the Planning Act, R.S.O. 1990, c. P.13 and includes Zoning By-law 84-63 and Oak Ridges Moraine Zoning By-law 2005-109. References 1.2 In this by-law, reference to any Act or By-law is reference to that Act or By-law as it is amended or re-enacted from time to time. 1.3 Unless otherwise specified, references in this by-law to Parts and sections are references to Parts and sections in this by-law. Word Usage 1.4 This by-law shall be read with all changes in gender or number as the context requires. 1.5 In this by-law, a grammatical variation of a word or expression defined has a corresponding meaning. Application 1.6 This by-law applies to all kennels in the Municipality unless otherwise specified. 1.7 This by-law shall not apply to, (a) Bowmanville Zoo, the Orono Cat World, and any other facility accredited by the Canadian Association of Zoological Parks and Aquaria; (b) any facility being run by the Ontario Society for the Prevention of Cruelty to Animals; Kennel By-Law Page ( 3 (c) a veterinary hospital under the care of a licensed veterinarian; (d) a publicly funded educational institute; (e) pet shops; or (f) any premises under the authority or control of a law enforcement agency. Severability 1.8 Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other sections of this by- law. PART 2 - LICENSING Requirement 2.1 No person shall operate a kennel without a licence. Applications 2.2 Every licence application shall be completed and submitted on forms prescribed by the Municipal Clerk. 2.3 Every licence application to operate a kennel shall include, (a) , a fee of $200.00 for the initial application or $150.00 for any renewal application; (b) written proof, satisfactory to the Municipal Clerk, that the applicant is the owner of the property on which the proposed kennel is to be located; (c) a sworn declaration by the applicant stating that the applicant has never been convicted of a crime under the Criminal Code of Canada pertaining to animal cruelty or a similar offence in another country; (d) where the primary purpose of the kennel is breeding, proof of active membership in the Canadian Kennel Club or any other association incorporated under the Animal Pedigree (Canada); and (e) a site location drawing, drawn to scale, showing, (i) the location of all buildings or structures on the applicant's property, including the location of all buildings or structures to be used in connection with the kennel; and Kennel By-Law Page 14 (ii) the distance between the proposed kennel and all property lines, all buildings on the applicant's property and any residential buildings on the adjacent properties. Issuance 2.4 The Municipal Clerk may approve or refuse any licence application, and may impose any conditions upon an approval as she determines appropriate. 2.5 In addition to the requirements set out in Parts 3 and 4, every licence is issued shall be subject to the condition that all federal, provincial and municipal laws, by-laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements applicable to the operation of a kennel are complied with. 2.6 The Municipal Clerk shall not issue a licence unless the Municipality's Planning Services Department has confirmed that the kennel is a permitted land use under the applicable Zoning By-law. 2.7 Every licence shall be posted in a conspicuous place within the licensed kennel. 2.8 A licensee shall comply with all licence conditions. Disqualifications 2.9 The Municipal Clerk shall refuse to issue or renew a licence where, (a) the applicant is not the owner of the property on which the kennel is proposed to be located; (b) the applicant is not at least 18 years of age; (c) the application is incomplete; (d) the prescribed licence fee has not been paid; (e) the applicant has submitted false information in support of the application; (f) the issuance of the licence would contravene any of the provisions of this by- law; (g) the applicant has been convicted of a crime against animals; or (h) the Animal Services Officer, by way of inspection, has determined that the kennel is not in compliance with this by-law. Kennel By-Law Page 15 Exemptions 2.10 A licensee shall be exempt from the licensing requirements under the Responsible Pet Owners By-law for any boarded dogs or breeding dogs. 2.11 No licence shall be required where three or fewer dogs are being boarded. 2.12 Notwithstanding section 2.11, every person boarding dogs in a place other than a licensed kennel shall comply with all of the requirements of Part 3 of the Responsible Pet Owners By-law. Transfer 2.13 Licences are not transferrable. Term 2.14 Licences are valid from the date of issuance and expire on May 31st of each year, unless revoked or suspended. PART 3 —OPERATING REQUIREMENTS Standards 3.1 Every licensee shall ensure the indoor portions of the kennel meet the following standards: (a) Floors shall be of smooth concrete finish, or similar like material, and shall be adequately sloped to drains. (b) Walls shall be non-porous, watertight and easily cleaned and sanitized, and inside surfaces shall be smooth, durable and impervious to facilitate cleaning. (c) Roof coverings, fastened to sheathing or directly to the roof joists, shall be laid so as to prevent the entrance of rodents and vermin into the kennel, and covered with suitable materials in order to eliminate leakage and exposure of the dogs to adverse weather conditions. (d) Ceilings and walls shall abut closely to prevent crevices which can lead to rodent infestation. (e) Corners of ceilings, walls and partitions shall be caulked and painted so as to be completely washable. (f) Proper air circulation shall be provided to prevent respiratory disease and to avoid the spread of contaminants, viruses, bacteria and moulds. Kennel By-Law Paae 16 (g) The temperature for an indoor facility shall be maintained at a minimum of 10°C with a maximum of 27°C where temperatures are suitable to the breed, coat length, age and condition of the dogs being kept in the kennel. 3.2 Every licensee shall ensure that the kennel has outside exercise facilities that, (a) are fenced and maintained to keep the dogs securely enclosed; (b) are large enough for dogs to break into a trot; (c) have a running surface that is safe, non-slippery, and free from debris that could cause injury or damage to the dog; and (d) are maintained in a sanitary manner. Enclosures 3.3 Every licensee shall keep boarded dogs in individual enclosures. 3.4 Section 3.3 does not apply to dogs less than 6 months of age with or without the bitch, or in instances where the dogs' owner expressly requests that their dogs be housed with together, provided it would not be inhumane to do so. 3.5 Every licensee shall ensure an enclosure is large enough to permit the enclosed dog to, (a) stand normally to its full height; (b) turn around easily; (c) move about easily for the purpose of posture adjustments; (d) lie down in a fully extended position; and (e) make species-appropriate contact. 3.6 Every licensee shall ensure an enclosure for bitches with nursing puppies has an additional 10% space per nursing puppy. 3.7 Where the floor of an enclosure is on grade, every licensee shall ensure that suitable bedding is provided in the form of a raised wood, fibreglass or similar platform, large enough for the dog to lie on. 3.8 Every licensee shall maintain the kennel in a clean and sanitary condition at all times, and in particular shall ensure that all excrement, refuse and other objectionable material is removed from the cages and kennel area at least twice in every 24 hour period including weekends and from the premises once per week in an acceptable manner. Kennel By-Law Page 17 3.9 The dogs shall be removed from,the cages and kennel area while the area is being cleaned. Care of Dogs 3.10 Every licensee shall ensure that all dogs are provided with an adequate source of clean, fresh drinking water available to them at all times, and adequate, nutritional and contaminant-free food capable of maintaining the dog in full health and vigour is provided. 3.11 Every licensee shall keep food storage bins covered, vermin proof and properly marked. 3.12 Every licensee shall keep food dishes and utensils stored in a clean and protected area. 3.13 Every license shall ensure the whelping area is separated from the individual and/or group kennel enclosures housing other kennel dogs, thereby providing the whelping bitch privacy. 3.14 Every licensee shall have an established rapport with a local veterinary hospital to deal with emergencies that may arise from time to time. 3.15 Every licensee shall ensure each dog shall be placed in the exercise facility at least twice in every 24-hour period for not less than 30 minutes each period, or other reasonable duration appropriate to the weather conditions. 3.16 No licensee shall place any dog in an outside exercise facility in inclement weather. PART 4— MANAGEMENT AND RECORDS 4.1 Every licensee shall provide adequate, regular supervision and efficient knowledgeable health care controls to ensure no harm comes through the association with incompatible dogs, sick dogs or other adversarial animals or vermin. 4.2 Every licensee shall maintain written dog care procedures which shall include the method of handling kennel sickness, injury or death, back-up transportation, and a list appropriate phone numbers for the Clarington Animal Services, humane society, and the veterinarian. 4.3 The procedures required by section 4.2 shall be readily available to all kennel personnel at all times. 4.4 Every licensee shall record the following information pertaining to all dogs boarded at the kennel: Kennel By-Law Facie 18 (a) names, addresses, and contact numbers of the dogs' owners; (b) emergency contact numbers for the owners; (c) name, tattoo or microchip number, breed, description, and daily health records stating any special medical needs; (d) any behaviour incidents; and (e) dates of arrival and departure. 4.5 Every licensee shall record the following information pertaining to dogs bred and offspring of the breeding at the kennel: (a) breed, sex, and date of birth; (b) sire and dam; (c) tattoo or microchip number; and (d) colour and markings. 4.6 Every licensee shall, by the time the litter is weaned, create individual records for each puppy which shall include, (a) the information referred to in section 4.5; (b) medications; (c) vaccinations; and (d) examinations and results pertaining to internal and external parasites. 4.7 Every licensee shall ensure the records are available for inspection by the Municipality during business hours. 4.8 Every licensee shall retain the records for the period of six months following the end of the term of the licence. PART 5 — PROHIBITIONS Boarding 5.1 No person shall board a pit bull as defined in the Dog Owners' Liability Act, R.S.O. 1990, c. D.16. Kennel By-Law Page 19 Breeding 5.2 No licensee who is breeding dogs shall permit more than one litter per dog in a 12 month period. 5.3 No person shall breed any dog that is under the age of one year. 5.4 No person shall breed any dogs except in a licensed kennel. PART 6 — ENFORCEMENT Inspections 6.1 An Animal Services Officer may, at any reasonable time, enter upon any property (other than a dwelling unit) for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with or whether an order issued under this by-law has been complied with. 6.2 No person shall prevent hinder or interfere or attempt to prevent hinder or interfere with an inspection undertaken by an Animal Services Officer. Suspension of Licence 6.3 The Municipal Clerk may suspend a licence if the licensee fails to comply with any provision of this by-law and such non-compliance is not remedied within 7 days, or other time period as deemed appropriate by the Municipal Clerk, following notice from the Municipality specifying the particulars of the non- compliance. Revocation of Licence 6.4 The Municipal Clerk may revoke a licence if, (a) it was been issued in error; (b) it was suspended in accordance with section 6.3 and no satisfactory evidence of compliance has been filed with the Municipality within 60 days from the date of suspension; (c) it was issued as a result of false, mistaken, incorrect, or misleading statements, information or undertakings on the application or on any submitted documents that formed the basis of issuance; (d) the licensee has been convicted of a crime against animals; or (e) upon the request of the licensee. Kennel By-Law Page 110 Offences and Penalties 6.5 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33. Short Title 7.1 The short title of this by-law shall be the "Kennel By-law". Repeal 7.2 By-law No. 2006-228 is repealed. 7.3 Notwithstanding section 7.2, all licences issued under By-law No. 2006-228 shall remain in effect until they would have otherwise expired. Effective Date 7.4 This by-law shall be effective on the date that it is passed. By-law passed this day of January, 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk SUMMARY OF BY-LAWS, MARCH 25, 2013 BY-LAWS 2013-024 Being a by-law respecting responsible pet ownership (Unfinished Business #1) 2013-025 Being.a by-law to license kennels (Unfinished Business #1) 2013-030 Being a by-law to adopt Amendment No. 91 to the Clarington Official Plan (Item 2 of Report #1) 2013-031 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Valiant Rental Inc.) (Item 2 of Report#1) 2013-032 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Joanne Barchard) (Item 3 of Report#1) i 2013-033 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Aldergrove Estates Inc.) (Item 6 of Report#1) 2013-034 Being a by-law to adopt Amendment No."92 to the Clarington Official Plan (Item 7 of Report#1) 2013-035 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2012-0004 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S-C-2012-0004 (Item 7 of Report#1) 2013-036 Being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect to sewage systems (Item 8 of Report #1) 2013-037 Being a by-law to assume a certain street within the Municipality of Clarington as a public highway in the Municipality of Clarington (Item 9 of Report #1) 2013-038 Being a by-law to authorize the use of optical scanning vote tabulators, special ballots, and accessible voting equipment at Municipal Elections (Item 14 of Report#1) 2013-039 Being a by-law to adopt the estimates of all sums required during the year and to strike the rates of taxation for Municipal purposes for the year 2013 • MEMO Lending the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 22, 2013 Subject: COUNCIL AGENDA— MARCH 25, 2013 Please be advised of the following regarding the March 25th Council meeting: DELEGATIONS See Final li of legations attached. Patti L. Barrie, CMO Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS March: 25, 2013 a) Dianne McKenzie, Executive Director, Epilepsy Durham Region - Request for Proclamation of"Epilepsy Awareness Day and Go Purple" (Correspondence Item D - 7) b) Mark Canning — Big Brothers Big Sisters Clarington — Road Hockey Tournament (Correspondence Item D - 5) C) Mark Canning --Veridian Connections Appointment (Correspondence Item D - 12) d) Jim Richards - Veridian Connections Appointment (Correspondence Item D - 12) e) Jim Richards - Veridian Board(s) Member Compensation (Correspondence Item D - 16) f) Linda Gasser—Veridian Connections Appointment (Correspondence Item D - 12) g) Linda Gasser—Veridian Board(s) Member Compensation (Correspondence Item D - 16) • arm n MEMO (iLeading the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 25, 2013 Subject: COUNCIL AGENDA— MARCH 25, 2013 Please be advised of the following regarding tonight's Council meeting: CORRESPONDENCE D - 17 Rahul K. Jain, expressing his concern with how poorly the appointment of a replacement Director on the Veridian Connections Board has been handled; indicating that he feels the justification for the swift appointment of Councillor Novak was misleading and conveyed a false sense of urgency with respect to any potential merger of local utilities; advising that any immediate merger would have had major municipal budget impacts but that he did not see any potential changes to the Municipality's shareholder dividends or risk assessment in the 2013 Clarington municipal budget; and, suggesting that losing a community member appointment was not necessary. (Motion to advise of actions previously taken) Patti L. Barrie, CMO Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506