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HomeMy WebLinkAboutFebruary 18, 2002PICKERING AGENDA COUNCIL MEETING Anne Greentree Supervisor, Legislative Services FEBRUARY 18, 2002 Council Meeting Agenda Monday, February 18, 2002 7:30 P.M. ADOPTION OF MINUTES Special Meeting of January 28, 2002 Regular Meeting of February 4, 2002 Special Meeting of February 4, 2002 DELEGATIONS Roger Anderson, Regional Chair, will address Council to provide an overview of activities in the Region of Durham throughout 2001. Garmine DiRuscio, representing First Source. will address Council regarding Energy Retailing Electricity. RESOLUTIONS PAGE ¥o adopt the Report of the Planning Committee dated February 11, 1-3 2002. To adopt the Report of the Committee of the Whole dated February 22, 2002. To consider Clerks Report CL 47-01, regarding a review of Animal Control Services. Deferred from the Janua~02 Council Meetin__g 4-5 6-46 (IV) BY-LAWS B_y-law Number 5954/02 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Lot 15, Plan 40M-1637, City of Pickering. (A 15/01) PURPOSE: LOCATION: APPLICANT: ZONING BY-LAW 2254 COTTONWOOD CIRCLE SARWAN SINGH DHANDA B_.y-law Number 5955/02 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 5891/01, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 20, Concession 1, City ofPickering. (A 28/01) PURPOSE: LOCATION: APPLICANT: ZONING BY-LAW SOUTH-EAST CORNER OF KINGSTON ROAD AND VALLEY FARM ROAD COUGS (VALLEYFARM) LIMITED 47-48 49-52 Council Meeting Agenda Monday, February 18, 2002 7:30 P.M. _~_v-law Number 5956/02 Being a by-law to authorize the acquisition or disposition of certain road allowances to correct Registr>.' Office records. By-law Number 5957/02 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1650 Kingston Road) 53 54 NOTICE OF MOTION Moved by Councillor McLean Seconded by Councillor Holland 55-56 WHEREAS in 1982, the municipalities of Pickering..Sjax and Whitby purchased the Animal Control Centre located at 4680 Thickson Road North in the Town of Whitby from the Ontario Humane Society but continued to allow the Ontario Humane Society to provide animal control services under contract to the three municipalities; and WHEREAS in 1985, due to increasing costs and decreasing service, the municipalities of Pickering, Ajax and Whitby decided to jointly undertake the entire animal control operation and entered into agreements to provide for such service: and WHEREAS in a Servicing Agreement dated December 31. 1985. the Town of Whitby agreed to provide the services of pound-keeper and animal control officer for the three municipalities; and WHEREAS this Servicing Agreement ma)' be terminated on December 31st in an)' year by any of the three municipalities upon six month's prior written notice; and WHEREAS in an Animal Control Agreement dated December 31, 1985, the responsibilities of the three municipalities respecting the establishment of a joint animal control service and a joint board of management, in addition to criteria related to the premises, contract services, indemnification and agreement termination are set out; and WHEREAS this Animal Control Agreement max' be terminated on December 31st in any year by any of the three municipalities upon six month's prior written notice: and WHEREAS the Animal Control Agreement provides tbr the equal distribution of property and related assets; and WHEREAS the Council of the Corporation of the Ciw of Picketing would like to improve the level of service to our residents and their animals particularly in areas such as adoptions, enlbrcement, animal disposal, public relations and education: and' WHEREAS the animal control operation can be operated at a cost saving to residents if the Town of Ajax partnered with the City of Picketing to provide such an operation; NOW THEREFORE the Council of the Corporation hereby resolves that subject to the Council of the Town of Ajax agreeing to partner with the City of Pickering to provide an animal control service that: 1. Pursuant to Section 19(1)(b) of the Servicing Agreement. notice is hereby given that the City of Pickering wishes to terminate the Agreement on December 31. 2002. Council Meeting Agenda Monday, February 18, 2002 7:30 P.M. 2. Pursuant to Section 15(1)(b) of the Animal Control Agreement, notice is hereby given that the City of Pickering wishes to terminate the Agreement on December 31, 2002. AND FURTHER THAT a copy of this resolution be forwarded to the Council of the Town of ,Sjax to seek its agreement to partner with the Citv of Pickering in providing an animal control service commencing January. 1, 2003. Moved by Councillor Pickles Seconded by Councillor Johnson 57-58 WHEREAS the Toronto Regional and Conservation Authority (TRCA) has requested the Ontario Realty Corporation (ORC) to commission a structural and safety, survey of the Whitevale Dam; and WHEREAS the letter of request make specific reference to the section of the Lakes and Rivers hnprovement Act which clearly identifies that the owner of the dam is responsible for structural and safety issues: and WHEREAS according to several TRCA start: the Whitevale Dam has been in need of repair for quite some time; and WHEREAS The Ontario Realty Corporation. the current owner of the dam, has not taken action to correct the structural problems; and WHEREAS one solution to the situation might be to replace the structure with one that is less obtrusive, but which still prevents non-native migrator>.' fish from invading the upstream habitats; and WHEREAS the informal historic and social importance of the dam within the hamlet will need to be taken into consideration; and WHEREAS the Whitevale Dam appears to be vulnerable to structural failure and the ramifications of such a failure could spell extensive ecological damage, including: · Massive loads of silt and clay suspended and settling in the lower reaches of West Duffins and the main stem downstream to the Duffins Marsh - loads that would damage aquatic habitat and constrict stream channels, · Potential for bank damage and downstream erosion caused by fast moving large woody debris which now rests in the silted channel above the dam · Opening upstream tributaries to anadromous fish invasions, including sea lamprey and · Loss of brook trout stocks displaced bv invading sahnonids. WHEREAS without some appreciation for the future of this structure, any fish management planning and the Duffins Creek Strategy are place in jeopardy; NOW THEREFORE copies of the letter of request be sent to the Ministry. of Natural Resources (MNR) District Office, Department of Fisheries and Oceans. Toronto Regional and Conservation Authority, the Town of Ajax and the Region of Durham; and THAT the City of Pickering requests the Ontario Realty Corporation to commission a structural and safety survey of the Whitevale Dam and take appropriate action to current structural problems in consultation with the TRCA. City of Pickering, MNR and residents. OTHER BUSINESS ,(VII) CONFIRMATION BY-LAW ~VIII) ADJOURNMENT Council Meeting Agenda Monday, Februa~ 18, 2002 7:30 P.M. RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Planning Committee dated February 11, 2002. be adopted. CARRIE D: MA'¥OR 0© Appendix Planning Committee Repo~ That the Planning Committee of the City of Pickering having met on February 11, 2002 presents its report to Council: PLANNING & DEVELOPMENT REPORT PD 09-02 ZONING BY-LAW AMENDMENT APPLICATION A 15/01 SARWAN SINGH DHANDA LOT 15, PLAN 40M-1637 £2254 COTTONWOOD CIRCLE) That Zoning By-law Amendment Application A 15/01, submitted by K. Dhanda, on lands being Lot 15, Plan 40M-1637, City of Pickering, to amend the zoning of the lands to permil the establishment of a second dwelling unit within the existing dwelling on the s.ubjecl property, be APPROVED subject to the conditions outlined in Appendix I to Report PD 09-02; and That the amending zoning by-law to implement Zoning By-law Amendment Application 15/01, as set out in draft in Appendix II to Report Number PD 09-02, be forwarded to Council for enactment. PLANNING & DEVELOPMENT REPORT PD 10-02 ZONING BY-LAW AMENDMENT APPLICATION A 20/01 REQUEST FOR COUNCIL'S AUTHORIZATION TO DEVELOP LANDS BY LAND SEVERANCE NORVALLEY HOMES LTD. PART OF LOT 5, PLAN 282 REAR PORTION OF 1827 PINE GROVE AVENUE ~ROCKWOOD DRIVE~ NORTH OF PROHILL STREET)_ That Zoning By-law Amendment Application A 20/01, submitted by Norvalley Homes Ltd. on lands being Part of Lot 5, Plan 282 (known as the rear portion of 1827 Pine Avenue, fronting the future extension of Rockwood Drive), to amend the zoning [ ' ' of the R4 - Residential Detached Dwelling - Fourth Density zone to permit minimum yard widths of 1.2 metres, maximum building height of 9.0 metres, minimum front depth (to the vehicular entrance) of 6.0 metres and maximum lot coverage of 38 percent, APPROVED, subject to the conditions outlined in Appendix No. I to Planning Report PD 10- 02; and That the request made by Norvalley Homes Ltd., to permit the division of the subject lands, being Part of Lot 5, Plan 282 (known as the rear portion of 1827 Pine Grove Avenue.· fronting the future extension of Rockwood Drive), to create five new residential building lots through Land Severance Applications LD 10/02 to LD 13/02, rather than by plan ot subdivision, by APPROVED. PLANNING & DEVELOPMENT REPORT PD 12-02 ZONING BY-LAW AMENDMENT APPLICATION A 28/01 COUGS (VALLEYFARM) LIMITED PART OF LOT 20, CONCESSION 1 (SOUTH-EAST CORNER OF KINGSTON ROAD AND VALLEY FARM ROAD) That Zoning By-law Amendment Application A 28/01, submitted by Cougs (Valleyfarm', Limited, on lands being Part of Lot 20, Concession 1, City of Pickering, to amend the zonin to reduce the required minimum building height from 8.5 metres to 6.5 metres maintaining the two-storey minimum building height requirement and to provide Appendix I Planning Committee Report PC-2002/3 deck encroachment provisions on the subject lands, be APPROVED as set out in the draft by- law attached as Appendix I to Report Number PD 12-02: and That the amending zoning by-law to implement Zoning By-law Amendment Application A 28/01. as set out in draft in Appendix I to Report Number PD 12-02. be forwarded to City Council for enactment. PLANNING & DEVELOPMENI' REPORT PD l 3-()2 ZONING BY-LAW AMENDMENT APPLICAi'I()N :\ 41,'0() JOHN MONIZ ON BEHALF OF 1094511 ONTARIO INC. PART OF LOTS 6 AND 7. PLAN 489 (NORT[tWEST CORNER OF KINGSTON ROAD AND \VAiL.NUT LANE) That Zoning Bv-laxv Amendment Application :\ 41 0(). submitted by John Moniz on behalf of 1094511 Ontario Inc. on lands being Part Lots 6 and 7. Plan 489. City of Pickering. to amend tile zoning on tile subject lands to permit tile cstablishnaent of a two-storey office building, for professional and business offices (excluding medical offices), with associated personal services and accessory uses. be APPROVED. sut2iect to tine conditions outlined in Appendix I to Report Number PI) 13-02. RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Committee of the Whole dated February 11, 2002, be adopted. CARRIED: MAYOR Appendix 11 Committee of the Whole Committee COV~ -2002-2 Tlnat the Committee o£ttle Wl~ole of the City of'Picketing having met on Januao' 14, 2002. presents its second report to Council and recommends' CLERKS REPORT CL 01-02 PROCESSING DEVELOPMENT ,APPLICATIONS 8.: PUBLIC NOTIFICATION That Clerk's Report CL 01-02 regarding Processing Development Applications and l'[~blic Notification be received. CLERKS REPORT CL 03-02 REGULATE SMOKING IN PUBLIC PLACES AND WORKPLACES That the letter dated January 23. 2002 t¥om rile Clerk of tine Regional Municipali~x. of Durham regarding a resolution passed by tile Council oF the Region regarding the regt~latiot~ oF smoking in public places and workplaces be received. That the Council of t}le Regional Municipalit> of Dk~rham be advised ttlat tt~c ('ou~qcil of tl~c City of' Picketing approves of the Regional Cocmcil passing a Region-wide bv-ta,~ regt~lati~g the smoking o£tobacco in public places and x~ orkplaces RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Clerk's Report CL 47-01 regarding a review of Animal Control Services be received for information. CARRIED: MAYOR REPORT TO COUNCIL FROM: Bruce Taylor, AMCT. CNLVI City Clerk DATE: November 22, 2001 REPORT NUMBER: CL 47-01 SUBJECT: Review of Animal Control Services RECOMMENDATION: That Clerk's Report CL 47-01 regarding a review' of Animal Control Services be received for information. ORIGIN: Requests made by Councillors Holland and McLean under Other Business at Committee of the Whole Meeting of September 10, 2001 AUTHORITY: Sections 210(1) to 210(13) of the Municipal Act FINANCIAL IMPLICATIONS: Not applicable EXECUTIVE SUMMARY: Not applicable BACKGROUND: At the Committee of the Whole Meeting of September 10. 2001. Councillors McLean and Holland made the following statements under Other Business: Councillor McLean expressed his concern with the number of animals being destroyed at the Animal Shelter in V~'hitby. He suggested that the following alternatives be considered: (a) Picketing establish its own animal shelter: (b) a joint shelter between Picketing and Ajax; (c) status quo with improvements in taking in, housing and adopting out the animals; and {d) contracting out to an outside agency. He requested that the Clerk review this situation and report back to Council. Report to Council CL 47-01 Subject: Review of Animal Control Services Date: November 22, 2001 Page 2 Councillor Holland commended Councillor McLean in bringing forward the above information and questioned the disposal of the bodies of the animals that have been destroyed. HISTORIC OVERVIEW OF ANIMAL CONTROL SERVICES 1N PICKERING Until the early 1960's, animal control services and facilities were sadly lacking in the Picketing, Ajax and Whitby areas. At that time, dogcatchers were simply appointed and allowed to pick up and dispose of unwanted animals. Such Animals were either shot, gassed or sold in a haphazard fashion and the system of control was inadequately monitored. During the late 1950's and early 1960's, the local chapter of the Ontario Humane Society became very active. Under the direction and financial support of Muriel Sissons who was a prominent resident of the Town of Whitby, the Society was able to purchase property, and in late 1968, opened the current building located at 4680 Thickson Road North in Whitby. Under agreements with the Town's of Pickering, Ajax and Whitby, the Ontario Humane Society provided animal control services for each of the three municipalities_ The Society managed animal control services until the early 1980' s. In 1982, the three municipalities jointly bought the property and buildings from the Society at an equal one-third cost to each of the municipalities. The Ontario Humane Society continued to provide animal control services under contract to the three municipalities and also provided maintenance of the building. In 1985, Picketing, Ajax and Whitby decided to jointly undertake the entire animal control operation. On December 31, 1985, Picketing, Ajax and Whitby jointly entered into service and animal control agreements respecting the provision of an animal control service throughout the three municipalities. Copies of the Agreements are attached hereto for your information. The Service Agreement outlines the provisions concerning poundkeeper obligations, licensing provisions and responsibilities concerning the pound, staffing and hours of operation, report preparation, liability and indemnification and termination criteria. The Animal Control Agreement essentially provides for the establishment of a joint animal control service and a joint board of management (i.e. PAW Joint Animal Control Committee), in addition to criteria related to the premises, contract services, indemnification and agreement termination. PRESENT SERVICE PROVIDED BY PAW ANIMAL CONTROL CENTRE The PAW Animal Control Centre is opened to the public Monday to Saturday from 8:00 a.m. to 4:30 p.m. which conforms to the requirement of the Service Agreement that states that the Centre must be open to the public Monday to Saturday from at least from 8:30 a.m. to 4:30 p.m. At all other times, the Centre maintains an "emergency response" which provides for an Officer to respond only to calls where it has been demonstrated that an animal is in distress. The Centre was open on Wednesday evenings for a few years but very few people responded to this additional service and it was discontinued because it did not justify the staff costs. Report to Council CL 47-01 Subject: Review of Animal Control Services Date: November 22. 200 Page The Service Agreement also provides that there shall be at least three staff on duty Mondav to Saturday from 8:30 a.m. to 4:30 p.m, one animal attendant on duty f¥om 8:30 a.m. to 4:30 p.m. on Sundays and holidays and on staff person on call after hours. Again, the staff levels provided by Town of Whitby at the Animal Control Centre exceeds the requirements of the Service Agreement in that there are a total of eight employees assigned to the Centre comprised of a Supervisor and seven Animal Control and Pound Attendants The staff of the Animal Control Centre operate within the ,Animal Control and Pound Policies and Procedures, a copy of which is attached to this Report, which were established under the authority of Section 11 (e) of the Animal Control Agreement. These Policies and Procedures have been amended from time to time by resolution of the three Councils after considering the recommendation of the PAW Joint Animal Control Committee. In addition, the Treasurer of the Committee has made the Animal Control and Pound Policies and Procedures available to the Committee on the first agenda of a PA~\' meeting at the beginning of each term. The staff of the Animal Control Centre have provided an excellent ser~Sce to the three municipalities and have responded to changing demands on animal control by recommending changes to the Animal Control and Pound Policies and Procedures or the Dog & Cat By-laws of the three municipalities. In a Report to the PA\V Joint .Animal Control Committee that was received tbr information by Pickering Council on November 19. 2001, it x,~as pointed out that the per capita cost of operating the PAW Animal Control Centre is similar to the per capita cost of the Animal Shelter in Oshawa and is far less expensive on a per capita basis than the Shelters in Clatington, Brock and ScugogjUxbridge. A copy of that Report is attached tbr your information. Within this same Report, the staff of the Animal Control Centre have admitted that they could do a better job of reducing the number of unw'anted and stray pets that are euthanized and have committed to preparing a Report for the PAW Committee's consideration that would: Promote public awareness of the absolute importance of responsible pet ownership. Place greater responsibility on the owner of unwanted pets to find suitable homes for their pets. Increase the adoption rate of unwanted and stray pets Some ideas for accomplishing this goal are to provide consistent advertising in the ne~vspapers of all three municipalities of animals for adoption or promoting the .Animal Control Centre, providing a separate web site for the Centre that would be linked to the web sites of the three municipalities and providing better working relationships xvith various animal rescue leagues and other related organizations in the PAW service area FUTURE OPTIONS FOR ANIMAL CONTROL The purpose of preparing this Report is to respond to Councillor McLean's request to examine alternatives to animal control that would include (a) Picketing looking after its own animals; (b) a joint shelter between Pickering and A. iax: (c) status quo xvith improvements in taking in, housing and adopting out the animals; and (d) contracting out to an outside agency The following is my overview of each of the above alternatives: ANIMAL CONTROL OPERATED SOLELY BY THE CITY OF PICKERING: As noted earlier in this Report, if Picketing xvanted to undertake its oxvn animal control service, it would have to give notice to the Town of Whitby by May 30. 2002 that it wanted to be released from the terms of the Animal Control and Service Agreements on December 31, 2002. Therefore, at the very earliest, Picketing could operate its o~vn animal control service commencing on January 1, 2003. Report to Council CL 47-01 Subject: Review of Animal Control Services Date: November 22, 2001 Page 4 If Pickering were to establish its own animal control service, it would be reasonable to undertake renovations to that portion of the Works Centre that was formerly occupied by Picketing Transit. The location of the Works Centre is relatively close to the majority of residents in the City and renovating a portion of the Works Centre would certainly be less costly than purchasing or acquiring lands elsewhere in the City and building a new structure. The Director of Operations and Emergency Services has advised that it would cost approximately $257,000 to undertake renovations to convert about 2,000 square feet of the bus bays for an animal shelter. This would include an office, indoor kennels, outdoor kennels, cut in the wall to install "dog doors" to the outdoor kennels and furniture and equipment. Two trucks would also be required on the date of start-up at a cost of $30,000 for a total of $60,000. It would be reasonable to assume that five employees would be needed to carry out a proper but minimal animal control service. The five employees would be comprised of a working Supervisor and four Animal Control Officers and Pound Attendants. If there is an expectation that the level of service will be higher than that carried out by most municipal pounds, then the level of staffing will increase. The following is a proposed operating budget for an Animal Shelter that would be operated by and for the City of Picketing: Start Up Costs: Renovations to Works Centre Purchase of two vehicles $257,000 30,000 TOTAL $287,000 Annual Operating Costs: Salaries for 5 employees Benefits (22.5% of Salaries) Clothing Seminars, Education, etc. Utilities Operating Supplies (animal food, etc.) $251,000 56,500 4,000 1,500 40,000 20,000 Sub Total $373,000 Annual Operating Revenue: Pound and Service Fees Animal Adoptions $4,000 3,500 Sub Total $7,500 NET OPERATING COSTS $365,500 Based on a population of 92,000, the per capita cost of operating an animal shelter is $3.97 as opposed to a per capita cost of $2.57 by the PAW Animal Control Centre. I would also point out that the net revenue of about $45,000 achieved by the City through the sale of animal licences is not factored into the above proposed budget because it would provide an unfair comparison with the PAW Animal Control Centre that does not receive licensing revenue from the City of Pickering. Report to Council CL 47-01 Date: November 22, 2001(} '[ i Subject: Review-of Animal Control Services Page 5 ANIMAL CONTROL OPERATED BY THE CITY OF PICKERING AND THE TOWN OF AJAX On condition that the Tow'n of Aiax agrees to the Shelter being located at the City of Picketing Works Centre, the only additional start up cost would be the purchase of an addition vehicle for a total of three vehicles. A Pickering/Ajax animal control operation would likely require a total of six employees as opposed to five employees for a Picketing-only operation. Therefore, the net costs to operate a joint shelter would be about $421,600. Based on a total population of 162,000 (Pickering 92,000, Ajax 70,000), the per capita cost to operate a joint shelter would be $2.60. This compares more favourably with the current per capita cost of $2.57 for the PAW Animal Control Centre, however, again I would point out that the projected costs of a Picketin~Ajax shelter are based on a minimal animal control operation KEEPING THE STATUS ~)UO WITH IMPROVEMENTS: As noted earlier in this Report. at its regular meeting of November 19, 2001, Council received for information a Report of the Treasurer of the PA\V Joint Animal Control Committee reviewing the current policies of the PAW Animal Control Centre and committing to specifically reviewing the current pet adoption and euthanasia policies I expect that this report will be completed and before the PAW Joint Animal Committee l-bt its consideration sometime in the earls' Spring of 2002 CONTRACTING TO AN OUTSIDE AGENCY: Prior to 1984, the municipalities of Picketing, Ajax and Whitbv contracted out the animal control service to the Ontario Humane Societx (OHS) Even at that time, the service provided by the OHS was very., costly and the local Councils had very little control over the operation of the service provided by the OHS. Other than the OHS, 1 am not aware of any other competent organization that would bid on an animal control service that would be of a size to service the City of Picketing. SUMMARY I believe the City of Pickering, along with the Towns of.Ajax and Whitbv, have been serviced very well by the staff' of the PAW Animal Control Centre Ahhough it is a fact that the City of Pickering contracts its animal control service with the Town of Whitby, the City has been able to influence the level of service provided bv the PAW Animal Control Centre through its participation on the PAW Joint Animal Control Committee and through budget approvals The staff of the Animal Control Centre have always kept an open mind to improvements to their service. Concerns have been expressed by Councillor McLean with respect to various aspects of the service given bv the Centre and the staff have responded by indicating that they could make improvements in the area of animal adoptions and have committed to reviewing other areas of concern and will report back to PAW in early 2002 I would urge Council to await the report from the staff of' the Animal Control Centre in order to make a more informed decision on the overall service being provided bx' the Centre. Report to Council CL 47-01 Subject: Review of Animal Control Services Date: November 22, 2001 Page 6 ATTACHMENTS: 2. 3. 4. Servicing Agreement Animal Control Agreement Animal Control and Pound Policies and Procedures Report to PAW Joint Animal Control Committee Prepared/;Appro?d / Endorsed By: /;Bruce Taylor Attachments Recommended for the consideration of Pickering City Council / Tl~on~aS'?. Quinn, C~ief Adm(nistr~cer - I ,/ TOKEPORT# c~ ~?- c~ ATTACHMENT# APPENDIX 1 THIS AGREEMENT made as of the 3!st day of December !q85. BETWEEN: THE CORPORATION OF THE TOWN OF WHITBY hereinafter called the "Whitby' OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF AJAX and THE CORPORATION OF THE TOWN OF PICKERING hereinafter individually called "Town" and collectively called the "Towns" OF THE SECOND PART. WHEREAS Whitby is prepared to provide the services of pound-keeper and animal control officer for the Towns; and WHEREAS the Towns have agreed that Whitby should provide such services subject to the terms and conditions hereinafter set forth; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the premises and the mutual and other covenants hereinafter set forth, the Towns and the Whitbv covenant and agree each with the other as follows: POUND-KEEPER Whitby shall be the pound-keeper for the Towns and shall conduct itself in this regard in accordance with the relevant provisions of each Town's animal control by-laws, as set out in Schedule B hereto, including any amendments to those by-laws or any by-laws enacted in lieu thereof. (1) (2) Whitby shall receive, impound and hold for claiming by the owner, any animal delivered to the Animal Control Pound by any animal control officer or other person. Whitby shall ensure that all pound and maintenance fees payable in re- spect of an impounded animal are paid prior to releasing the animal to its owner, ( 14 (i) (2) (3) Whitby shall dispose of all animals impounded and which become the property of a Town in accordance with the applicable by-law of that Town. Where such disposal requires the killing of the animal, Whitbv shall employ a humane method to effect the animal's death. Whitby shall dispose of all carcasses of animals in accordance with the by-laws of the Town in which the animal was seized and in accordance with all laws regulating such disposition. ANIMAL CONTROL AND LICENSING Whitby shall be an animal control officer for the Towns, charged with the duty to enforce each Town's animal control by-laws, as set out in Schedule B hereto, including any amendments to those by-laws or any by-laws enacted in lieu thereof. (1) (2) (3) Whitby shall render courteous and prompt service to all complaints and enquiries regarding animal control and impounding. Whitby shall investigate any complaint from a resident of a Town, or from any employee of a Town, regarding animals running at large in a Town, and if the complaint is justified in accordance with the by-laws relating thereto, Whitby shall use its best efforts to impound the animal. Whitby shall assist in the prosecution of the Towns' animal control by-laws including providing relevant information respecting offences and having its employees attend at trial to give evidence where necessary. (1) (2) Whitby shall endeavour to ensure that any animal that it has occasion to investigate is licensed, where the by-laws of the Town in which the owner of the animal resides require the animal to be licensed. Whitby shall ensure that any impounded animal claimed by its owner is licensed before releasing the animal, where the by-laws of the Town in which the owner resides requires the animal to be licensed. Each Town shall supply to Whitby animal licences and application/receipt forms in order that Whitby may comply with the provisions of section 6. Animal licence fees collected by Whitby pursuant to this Agreement shall be remitted to the respective Towns monthly. (i) (2) (3) (4) ANIMAL CONTROL POUND Whitby shall use the lands and premises more particularly described in Schedule A hereto (herein referred to as the "Animal Control Pound") for the purposes of carrying out its obligations hereunder. Whitby may also use the Animal Control Pound for the purpose of carry- ing out its own pound-keeping and animal control service. Whitby shall be solely responsible for normal caretaking requirements at the Animal Control Pound, including any buildings thereon and equipment associated therewith, and for snow clearance and grass cutting. Whitby shall be responsible for the maintenance and general repair of the buildings at the Animal Control Pound. -2- (6 Whitb¥ shall maintain adeauate telephone lines at the Animal Control Pound so that residents of each Town max' make telephone contact with Whitby without incurring a long distance charge. Upon reasonable notice, Whitby shall provide during normal operating hours "open house" days and guided tours at the Animal Control Pound, for school groups and other organizations, to promote better understand- ing of animal control problems and responsibilities. 10. (1 (2 STAFFING & HOURS OF OPERATION Whitby shall employ and supervise staff sufficient to implement the pro- visions of this Agreement, but no less than those set out in Schedule C hereto. Whitby shall carry out its obligations hereunder during the full term of this Agreement and shall be readily available for receiving impounded animals, releasing impounded animals and animal control by-law enforce- ment during the hours of operation set out in Schedule C hereto. 11. Whitby shall maintain at all times two suitable vehicles in proper working order for the use of the staff referred to in section 10(1), above, and shall pay all operating and other costs associated with those vehicles. 12. REPORTS Whitby shall deliver quarterly to each Town a report in the form attached as Schedule D hereto. 13. Whitbv shall provide written or oral reports, when required, on the status of Whitby's duties under this Agreement to the regular quarterly meetings or other special meetings of the Joint Animal Control Committee of the Picker- ing-Ajax-Whitby Animal Control Ser'~4ce. 14. LIABILITY & INDEMNIFICATION Whitby shall indemnify and save harmless the Towns, and each one of them, against all manner of claims, damages, loss, costs and charges whatsoever, whether for injuries to persons or animals or loss of human or animal life or damage to property or otherwise, suffered by the Towns or anv of them or their or its property either directly or indirectly in respect of any matter or thing arising from Whitby's occupancy or use of the Animal Control Pound, or out of the implementation of this Agreement by Whitby or any operation in connection therewith. 15. (1) Whitbv shall maintain personal injury and property damage insurance on each vehicle operated by it or any of its employees in connection with the provision of services required by this Agreement in amounts that are satisfactory to the Towns. - 3 ATTACH i'"'i L!:'''' ............ ! · ::',L~F:,._.:? :. ~"z </'7- o/ (2) (3) Whitby shah keep itself, its officers, emplovees and agents, and the Towns as named insureds, properly insured with respect to non-auto public liability and property damage, including claims with respect to injury to and loss or death of any animal, in the following amounts per occurrence: (a) public liability $5,000,000.00 (b) property damage 50,000.00 Under no circumstances shall a Town be required to pay any deductible amount under any insurance policy required to be maintained under this section. 16. CONSIDERATION In consideration of Whitby faithfully performing its obligations hereunder, the Towns shall pay to Whitby, (a) in 1986, the sum of $110,895, (b) in each subsequent year during the term hereof, a sum to be agreed upon by Whitby and the Towns, in equal monthly installments payable on the 1st day of each month during the term hereof, adjusted by a thirteenth payment/credit at the end of 1986 and at the end of each subsequent year during the term hereof, which payment/credit will make up any deficit/surplus outstanding at the end of the year in the cost to Whitby of providing the services hereunder for the Towns. 17. Whitby shall credit all pound and maintenance fees paid to it pursuant to sec- tion 2(2), above, and on its own behalf, to the cost to Whitby of providing the services hereunder for the Towns and for itself. 18. TERM, EXPIRY & TERMINATION The term of this Agreement shall commence on January 1, 1986, and shall continue from year to year thereafter unless terminated pursuant to section 19 or by agreement of all Parties hereto. 19. (i) (2) This Agreement may be terminated, (a) on June 30, 1986 by an Party hereto upon one month's prior written notice, and (b) on December 31st in any year by any Party hereto upon six month's prior written notice. such notice to be given in each case by delivery to the Town Clerk of each of the other Parties on or before midnight on May 30, 1986 or on June 30th in any year thereafter, as the case may be. Notices addressed in accordance with this section shall be deemed to be served upon the addressee, (a) on the day of delivery if delivered personally, or (b) on the fifth day after the day of mailing if mailed by prepaid registered mail, and the notice period shall commence on the day of service. -4- -.. / 20. INTERPRETATION This Agreement is binding upon and shah enure to the benefit of the Towns and Whitbv and their respective successors and assigns, but no assignment shall be valid without the written consent of each To~;n and Whitbv. 21. Schedules A, B, C and D attached hereto shall form part of this Agreement. IN WITNESS WHEREOF the Towns and Whitby have hereunto affixed their corporate seals attested to by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF WHITBY Mayor / THE CORPORATION OF THE TOWN OF AJAX f/ ~ //" THE CORPORATION OF THE TOWN OF PICKERING - 5 - SCHEDULE A Animal Pound ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Whitby, in the Regional Municipality of Durham (formerly in the Township of Whitby, County of Ontario) and being composed of part of Lot 21 Concession 4, Town of Whitby being more particularly described as follows:- PREMISING that the bearings as shown on Deposited Plan 693 Highway govern al bearings mentioned hereafter; COMMENCING at a point in the West limit of Regional Road No. 26 as widened by Deposited Plan No. 693, distant 17.00 feet measured South 73 degrees 17 minutes West from a point in the East limit of said Lot distant 2,745.36 feet measured South 18 degrees 06 minutes East therein from the North-east angle of said Lot 21; THENCE South 73 degrees 20 minutes 20 seconds West a distance of 1,244.39 feet to a point in the East Limit of the Hydro-Electric Power Commission land; THENCE North 16 degrees 04 minutes 30 seconds West along said East limit a distance of 203.40 feet to a point; THENCE North 17 degrees 56 minutes 20 seconds West continuing along said East limit a distance of 312.00 feet to a point; THENCE North 88 degrees 54 minutes East a distance of 986.12 feet to a point; THENCE North 73 degrees 20 minutes 20 seconds East a distance of 293.00 feet to a point in the West limit of said Regional Road No. 26; THENCE south 18 degrees 06 minutes East along said West limit a distance of 250.83 feet to the point of commencement, subject to a right-of-way in favour of the Trans-Northern Pipe Line as described by Instrument No. 93037. The above described parcel of land contains by admeasurement an area of 10.01 acres more or less; Being shown coloured red on a Plan of Survey prepared by Donevan and Fleischman, Ontario Land Surveyors attached to Instrument No. 146517 as registered in the Regis- try Office for the Registry Division of Durham (No. 40) (formerly County of Ontario). SCHEDULE B Animal Control By-laws Ct ti?_ Ajax By-law No. 100-82 Picketing By-law No. 1560/82 Hours of ODe_.__ration and Staffing Ao Hours of Operation Pound-keeping and animal control services shall be provided on a ~4-hour, seven-day-a-week basis. Normal operating hours will be 8:30 a.m. to 4:30 p.m., Monday through Satur- day (except holidays), during which time Whitbv shall keep the Animal Control Pound open to the public and shall maintain a collection and investigation function. - At all other times, and on Sundays and holidays, Whitby shall keep the Animat Control Pound closed to the pubhc but maintain an "emergency response" collection function. Staffing Whitbv shall ensure that sufficient staff are available in order to perform its obligations hereunder, subject to a minimum requirement that there be; (a) at least three shelter supervisors/animal attendants on duty from 8:30 a.m. to 4:30 p.m., Monday through Saturday (except holidays), (b) at least one animal attendant on duty from 8:30 a.m. to 4:30 p.m., Sun- days and holidavs, and (c) at least one shelter supervisor/animal attendant on call at other other times. For the purposes of this Schedule, the term 'holidays" means those days of the year that Whitby's administrative offices are closed in recognition of New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday (August), Labour Day, Thanksgiving Day, Remembrance Day, Christmas Eve, Christmas Day and Boxing Day. ATTACHh'iF.:' ' ~-- ~ z z__/? ~ o / APPENDIX 2 THIS AGREEMENT made as of the 31st day of December, 1985. BETWEEN: THE CORPORATION OF THE TOWN OF AJAX hereinafter referred to as "Ajax" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as "Pickering" OF THE SECOND PART. THE CORPORATION OF THE TOWN OF WHITBY hereinafter referred to as "Whitby" OF THE THIRD PART. WHEREAS Ajax, Picketing and Whitby each have certain responsibilities relating to the enforcement of their respective animal control by-laws, enacted pursuant to the Dog Licensing and Live Stock and Poultry Protection Act, R.S.O. 1980, c. 123, and the Municipal Act, R.S.O. 1980, c. 302, or their predecessors; and WHEREAS it is deemed desirable that such responsibilities as they relate to Ajax and Picketing continue to be cad,led out jointly by an animal control service operated under contract on behalf of Ajax and Picketing from a facility owned by Whitby and located within the boundaries of Whitbv; and WHEREAS pursuant to the provisions of paragraph 208.5 of the Municipal Act, the council of a municipality may enter into an agreement with one or more municipalities to provide for the joint management and operation of municipal services, and for the establishment of joint boards of management thereof; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the premises and the mutual and other covenants hereinafter set forth, the Parties hereby covenant and agree as follows: JOINT ANIMAL CONTROL SERVICE Ajax, Pickering and Whitby hereby agree to continue the joint anima! control service operation, known as the ci~ermg/Ajax/Whitby Animal Control Service "Pi ' ' ,: (hereinafter referred to as the "service"), for the purpose of the carrying out of their respective responsibilities relating to the enforcement of their respec- tive animal control by-laws. The operation of the service shall be based at the premises known as the "Pickering-Ajax-Whitby Animal Control Pound" in Whitby, which premises are more particularly described in Schedule A hereto, and hereinafter referred to as the ':premises" PREMISES (1) (2) (3) (4) For the consideration of the sum of 52.00, now paid by each of Ajax and Picketing to Whitby, Whitby agrees that it shall keep the premises, including all buildings, structures, equipment and related appurtenances available to Ajax, Picker/rig and Whitby for the purposes of the operation of the service so long as such service continues. So long as Whitby is in compliance with subsection (1), above, Ajax, Picketing and Whitby agree that all capital, maintenance and operating costs relating to the premises, including all buildings, structures, equip- ment and related appurtenances shall be borne by them in equal shares. If Whitby ceases to keep the premises, including all buildings, struc- tures, equipment and related appurtenances, available to Ajax, Picketing and Whitby for the operation of the service, Whitby shall forthwith dis- pose of such premises and, in consideration of being released by Ajax and Picketing from its obligation to keep the premises available as set out above, Whitby shall pay to each of Ajax and Picketing, one third (1/3) of the net proceeds, including any insurance proceeds, of such disposition. Where, under subsection (3), Whitby is obliged to dispose of the prem- ises, it may instead convert the premises to its own exclusive use in which case the conversion shall be deemed to be a "disposition", the "net proceeds" of which shall be the appraised value of the premises immedi- ately prior to the conversion. CONTRACTOR In order to carry out the operation of the service as it relates to Ajax and Picketing, Ajax and Picketing agree to engage by contract the services of Whitby in accordance with the terms of a service contract approved by each of them, as amended from time to time upon the agreement of the Parties hereto, the annual cost of which shall be shared by Ajax and Picketing in the same proportion that the population of each bears to the total population of both, according to the population figures for the year in question published by the Ministry of Municipal Affairs in the Municipal Directory. 024 JOINT BOARD OF MANAGEMENT The operation of the service, including the maintenance and operation of th~ premises and the administration of the service contract referred to in section 4 above, shall be under the management, regulation and control of a joint boar, of management to be known as the "Pickering-Aiax-Whitby Joint Animal Contr Committee" (hereinafter referred to as the "Committee"). (1) (z) (3) (4) (5) (6) (7) (8) The Committee shall be composed of three members. The persons qualified to be appointed as the members of the Committef are those persons who are members of the councils of Ajax, Pickering oz Whitby. Each council shall annually appoint, (a) one member of the Committee, and (b) one alternate member of the Committee to sit on the Committe, when the first appointee is unable to do so, from amongst its members. Each member and alternate member shall continue to hold office until the BOth day of November next following his or her appointment or until a successor is appointed. Appointments shall be made at the first meeting of the appointing bodies in December of each year, and the members and alternate members shall take office immediately, but if an appointing body fails to appoint at its first meeting, it shall do so at its next regular meeting. Vacancies .in the Committee arising from death, resignation or otherwise shall be filled forthwith by the appointed alternate member and the ap pointing body shall forthwith appoint a new alternate member; persons appointed to fill vacancies shall hold office for the unexpired term of the persons whose places have become vacant. Each council shall appoint one member of the staff of its municipality to be an advisor to the Committee and to act as liaison between the council and the Committee. The Committee may appoint professional persons to be advisors to the Committee with the concurrence of Ajax, Picketing and Whitby. (1) The Committee at its first meeting in each year shall elect one of its members as chairman. In the absence of the chairman from any meeting, the Committee shall appoint another of its members as acting chairman for that meeting. (1) (z) The Committee shall appoint one of the staff advisors to be the Secretary of the Committee and who shall, (a) conduct the official correspondence of the Committee; and (b) keep a full and correct record of the proceedings of every meet- ing of the Committee and ensure that the minutes when confirmed are signed by the presiding officer. The Committee shall appoint the Whitbv staff advisor to be the Treasurer of the Committee whose duties shall include reporting regularly on the financial status of the Service to the Committee, and through the Secre- tary, to the councils of each of Ajax, Picketing and Whitby. -3- 10. (2) (3) (4) The Committee shall hold regular meetings at least once every calendar quarter and at such other times as it considers necessary. The Chairman or any two members of the Committee may call a sr)ecial meeting of the Committee by giving at least two clear days written notice to each member specifying the time, date and place of the meeting and the purpose for which it is called. The presence of two of the members of the Committee shall constitute a quorum and shall be necessary for the transaction of business at any regular or special meeting. The Chairman or acting chairman may vote with the other members of the Committee upon all questions, and should there be a tie vote thereafter, the Chairman shall cast an additional vote as he sees fit. The members of the Committee shall serve without remuneration, but they may be reimbursed by their respective appointing bodies for proper travelling expenses incurred in carrying out their duties as members of the Committee. 11. The Committee shall, (a (b (c endeavour to ensure the provision of a comprehensive and efficient ser- vice for each of Ajax, Picketing, and Whitby; endeavour to ensure that the service is conducted in accordance with the service contract in effect from time to time and with all statutes, regu- lations and by-laws relating thereto; transmit to each of Ajax, Picketing and Whitby all reports required by them, or any of them; (d) make provision for insuring the premises, including all buildings, struc- tures, equipment and related appurtenances owned by Ajax, Picketing, and Whitby; and ' (e) manage, regulate and control, in accordance with the various agreements or contracts in effect from time to time, the operation of the service, including the maintenance and operation of the premises and the adminis- tration of the service contract referred to in section 4, above. 12. (1) (2) On or before the 15th day of November in each year, the Committee shall prepare, adopt and submit to the councils of Aiax, Picketing and lghitby, estimates of all sums required during the next following calendar year for the purposes of the Committee, and such estimates shall, (a) set forth the estimated revenues and expenditures of the Commit- tee; and (b) make due allowance for any surplus from a previous year or the current year. The Committee shall submit with its estimates a statement as to the pro- portion thereof to be chargeable to each of Aiax, Picketing and Whitby, and, if the estimates of the Committee are approved, or are amended and approved, by the councils of two of Ajax, Picketing and Whitby, the estimates so approved shall be binding upon all of Ajax, Picketing and Whitby. - 4 - 0.9.6 13. INDEMNIFICATION In consideration of Ajax, Picketing and Whitby entering into this Agreement with this section included, each of them hereby agrees to share equally liability which may result from all actions, causes of action, accounts, claims debts, damages, demands and costs associated therewith, arising, to arise, which may hereafter be brought against them, or any of them, by or on behalf of any other person, because of any error, omission, failure or negligence in operation of the service or the maintenance and use of the premises. 14. 15. TERM, EXPIRY & TERMINATION The term of this Agreement shall commence on January 1st, 1986, and shall continue from year to year thereafter unless terminated pursuant to section 15 or by agreement of all Parties hereto. (i) This Agreement may be terminated, (a) on June 30, 1986 by any Party hereto upon one month's prior written notice, and (b) on December 31st in any year by any Party hereto upon six month's prior written notice, such notice to be given in each case by delivery to the Town Clerk of each of the other Parties on or before midnight on May 30, 1986 or on June 30th in any year thereafter, as the case may be. (2) Notices addressed in accordance with this section shall be deemed to be served upon the addressee, (a) on the day of delivery if delivered personally, or (b) on the fifth day after the day of mailing if mailed by prepaid registered mail, and the notice period shall commence on the day of service. 16. <1) (2) Unless this Agreement is replaced, and then subject to the terms of such replacement, upon the termination of the term of this Agreement, (a) all outstanding liabilities incurred by the Parties through the properly conducted actions of the Committee shall be settled and paid, in the last approved proportions, by the Parties; (b) all moneys under the control of the Committee shall be returned to the Parties, in the last approved proportions; and (c) Whitby shall forthwith dispose of the premises, including all buildings, structures, equipment and related appurtenances, and the net proceeds of such disposition, including any insurance proceeds, shall be distributed in accordance with the provisions of section 3(3) of this Agreement. Where, under subsection (1), Whitby is obliged to dispose of the prem- ises, it may instead convert the premises to its own exclusive use in which case the conversion shall be deemed to be a "disposition", the "net proceeds" of which shall be the appraised value of the premises immedi- ately prior to the conversion. -5- INTERPRETATION 17. Schedule A attached hereto shall form part of this Agreement. 18. This Agreement and everything herein contained, shall enure to the benefit of, and be binding upon, the Parties hereto, and their respective successors, if any. 19. This Agreement, and any of the rights, privileges and obligations herein con- tained, is not assignable by any Party hereto to any other party or person. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their respective corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED OF AJAX THE CORPORATION OF THE TOWN OF PICKERING THE CORPORA]plON OF THE TOWN OF WHITBY :,:. Mayor Clerk - 6- 0?8 SCHEDULE A Animal Pound ALL AND SINGULAR that certain parcel or tract of land and premises situate, living and being in the Town of Whitby, in the Regional Municipality of Durham (formerly in the Township of Whitby, County of Ontario) and being composed of part of Lot 21, Concession 4, Town of Whitby being more particularly described as follows:- PREMISING that the beatings as shown on Deposited Plan 693 Highway govern all beatings mentioned hereafter; COMMENCING at a point in the West limit of Regional Road No. 26 as widened by Deposited Plan No. 693, distant 17.00 feet measured South 73 degrees 17 minutes West from a point in the East limit of said Lot distant 2,745.36 feet measured South 18 degrees 06 minutes East therein from the North-east angle of said Lot 21; THENCE South 73 degrees 20 minutes 20 seconds West a distance of 1,244.39 feet to a point in the East Limit of the Hydro-Electric Power Commission land; THENCE North 16 degrees 04 minutes 30 seconds West along said East limit a distance of 203.40 feet to a point; THENCE North 17 degrees 56 minutes 20 seconds West continuing along said East limit a distance of 312.00 feet to a point; THENCE North 88 degrees 54 minutes East a distance of 986.12 feet to a point; THENCE North 73 degrees 20 minutes 20 seconds East a distance of 293.00 feet to a point in the West limit of said Regional Road No. 26; THENCE south 18 degrees 06 minutes East along said West limit a distance of 250.83 feet to the point of commencement, subject to a right-of-way in favour of the Trans-Northern Pipe Line as described by Instrument No. 93037. The above described parcel of land contains by admeasurement an area of 10.01 acres more or less; Being shown coloured red on a Plan of Survey prepared by Donevan and Fleischman, Ontario Land Surveyors attached to Instrument No. 146517 as registered in the Registry Office for the Registry Division of Durham (No. 40) (formerly County of Ontario). Picketing Whitby SCHEDULE B Cat and Dog__~-laws By-law No. 69/00 By-law No. 5728/00 By-law No. 4584/00 SCHEDULE C Hours of___..~eration and Staffing ao Hours of Oxseration Pound-keeping and animal control services are provided on a 24-hour, seven-day-a-week basis. Normal operating hours are 8:00 a.m. to 4:30 p.m., Monday through Saturday (except holidays). At all other times, and on Sundays and holidays, the ,~mimal Control Centre is closed to the public, however the Centre maintains an "emergency response" collection function. Staffing There are, (a) (b) (c) at least three persons on duty fi.om 8:00 a.m. to 4:30 p.m., Monday through Saturday (except holidays), at least one person on duty fi.om 8:30 a.m. to 4:30 p.m., Sundays and holidays, and at least one person on call at other times. For the purpose of this Schedule, the term "holidays" means those days of the year that Whitby's administrative offices are closed in recognition of New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday (August), Labour Day, Thanksgiving Day, Christmas Eve, Christmas Day and Boxing Day. E. ANIMAL CONTROL AND POUND POLICIES AND PROCEDURES The following section outlines the relevant animal control and pound policies and procedures followed by the staff at the Animal Control Centre. The policies and procedures have been adopted by the P.AW. Joint Animal Control Committee and the Councils of the City of Pickering and the Towns of Ajax and Whitby. O) Priority Response of Calls: During normal office hours, daily call records are used to record all requests for service by the Animal Control Centre. The Centre attempts to provide equitable service throughout the three municipalities, while at the same time, responding to calls in the order of priority as set forth below. The daily call record provides all relevant information concerning incoming calls, monies received, warnings given, charges laid, etc.. The daily call record also provides an accurate source of information in following up on complaints. It should be noted however that complainants names are considered confidential in investigating a potential by-law infraction. The priority of response for animal control services is as follows with the highest ranking request being at the top of the list: (1) (2) (3) (4) (5) (6) animals endangering the public or an injured animal; trapped animals; animals running at large, barking or howling excessively, defecating on property other than owner's; animals found at large and confined; requests for animal traps; and, pick-up and disposal of animal carcasses. After normal office hours an answering service company provides a paging service for emergency calls. Animal Control Officers are paged by the answering service where a complaint has been received regarding an animal endangering the public safe _ty or an injured animal requiring assistance. At 8:00 a.m., Monday through Saturday, the Animal Control Centre calls the answering service to pickup other messages regarding complaints received, lost and found pets, etc.. (2) Stray Animals: All dogs and cats picked up as "strays" are protected by Provincial statutes and municipal by-laws passed pursuant to the statutes. E. ANIMAL CONTROL AND POUND POLICIES AND PROCEDURES CONTINUED Each of the three municipal Councils in the P.A.W. area have enacted by-laws, which establish among other matters, how long an animal is to be held as a stray before becoming the legal properly, of the Animal Control Centre. Copies of the by-laws enacted by the three municipalities can be found in Appendices 3, 4 and 5. Where an animal is turned-in to the Animal Control Centre as a stray, the animal will be accepted providing the resident has not had the animal for longer than a two week period. If the resident has had the animal for longer than a two week period, the animal may be accepted as a surrendered animal. Residents of the P.A.W. area who complain of problems with stray cats on their own property can request the use of the humane trap upon pa,vment of a prescribed deposit fee, for a five day period. The resident is perfectly within their fight to use the trap on their own property as long as the cat is surrendered to the .4mimal Control Centre upon capture. The impounding period established in the by-laws is 5 (five) full days exclusive of Sundays and statutory holidays, for dogs, beyond which time the animal becomes the property of the Centre. The animal is then either made available for adoption (see section on Animal Adoption) or is euthanised. Where an animal is seized and such animal is injured or should be destroyed without delay for humane reasons, the Animal Control Centre, in consultation with a local veterinarian, may arrange to have the animal euthanised without delay. In such circumstances, the staff make every effort to contact the owner and to permit the transfer of the animal, at the owner's expense, to the offices ora veterinarian. The Animal Control Centre has an extensive logging and identification system which keeps track of all incoming and outgoing animals from the Centre. Identification cards are also completed, containing such information as breed, sex, colour, approximate age and weight, time of pick-up and deliveD' to the Centre, street name and municipality where the animal was picked up together with other identification information (i.e. collar, tags, etc.). Where identification is available, all reasonable attempts are made to inform the owner. Information regarding the name, address and telephone number of the o'~mer is also recorded together with the date and times of attempted contact. If contact is unable to be made by telephone, staff will attend the last known address and leave a verbal or written message as to where the animal can be found. If an owner is found to live outside the P.A.W. area, the Centre will contact the appropriate animal control centre within that area and request that contact be made with the respective party. 9 E. ANIMAL CONTROL AND POUND POLICIES AND PROCEDURES CONTINUED When the owner is contacted, he/she is also advised of the applicable fees owing to reclaim the animal. In situations where someone other than the legal owner wishes to claim an animal, arrangements must have been previously made by telephone from the owner as to who will be claiming the animal or a note signed by the owner, must be submitted to the Centre. (3) Unwanted Animals: The Animal Control Centre will only accept unwanted pets from people who reside within the P.A.W. area. Many phone calls are placed to the Centre from persons wishing to give up their pets who are non-residents of the P.A.W. area. These people are requested to contact their local animal control centres. There is also a fee associated with bringing in an unwanted pet (see Fee Schedule). When the unwanted animal is delivered and signed over to the Centre, the owner is made aware that the animal is no longer their's and that there is no set time for holding animals for adoption and that adoptive placement cannot be guaranteed. The owner is also advised that if the animal is not adopted, it will be euthanised. (4) Boarding of Animals: Boarding services are not offered at the Animal Control Centre and all requests received are referred to local veterinarians and kennels. (5) Animal Quarantine: As pound keeper for the City of Pickering and the Towns of Ajax and Whitby, and pursuant to the provisions of the Health Protection and Promotion Act, animals must be quarantined for a period often days on an order issued by an inspector from the Durham Regional Health Department. If the animal is a stray, after the ten day quarantine period and after the inspector has released the animal, the animal is euthanised. It is inappropriate that the animal be offered for adoption after exhibiting an unstable temperament. 10 -' ' - · dz_ ANIMAL CONTROL AND POUND POLICIES AND PROCEDURES CONTINUED If the animal is owned, after the ten day quarantine period and after the inspector has released the animal, the owner is contacted and requested to collect the animal from the Animal Control Centre. There is no cost to the ov, nner for the quarantine. However, if the ammal is not picked up on the release date, the owner is liable for fees incurred after the release date (see fee schedule). In the event an ov~mer fails followed: (a) (b) (c) to claim an animal on release, the following procedure is an attempt is made to contact the owner of the animal by telephone; an Animal Control Officer attends the last 'known address of the owner and verbally, or in writing, asks the person to contact the Centre as soon as possible; a letter is sent advising the owner of the animal that on receipt of the letter, and within the stated amount of days, ifthev have not made arrangements to retrieve their animal from the Animal Control Centre and pay the appropriate maintenance costs in excess of the quarantine period, that the animal wilt become the property of the Centre and will be euthanised. The letter is sent via the Post Office on what is known as an Acknowledgement Receipt Card so that when the Post Officer delivers the letter the person receiving it will either, (a) sign for the letter and the Animal Control Centre will receive a receipt showing it was accepted; or, (b) refuse the letter and the letter and the A.R. Card will be sent back to the Centre. The above records are kept on file with the quarantine order received from the Durham Regional Health Department. The animal is not euthanised before the above procedure has been followed. If members of the general public within the P.A.W. area contact the Centre regarding an animal bite or scratch, they are advised that they are required by law to report the incident to the Durham Regional Health Department, who will in turn be in contact with the owner of the animal. At that time, the inspector will determine whether the animal should be quarantined at the residence of the owner or at the Animal Control Centre. If the animal involved is a stray, an Animal Control Officer is dispatched immediately to the area in an effort to bring the animal back to the Centre. This retrieval process is important since failure to obtain the animal may result in the person afflicted by the bite or scratch being required to undergo a series of rabies shots. 1t 036 ANIMAL CONTROL AND POUND POLICIES AND PROCEDURES CONTINUED All pertinent information concerning a biting or scratching incident is forwarded to the Durham Regional Health Department. In cases where an animal is quarantined at the Centre, it is the Centre's responsibility to monitor the animal and notify the Health Department should the animal begin to exhibit any changes in its general health or behavioural patterns. (6) Animal Euthanasia: Euthanasia services are not offered at the Animal Control Centre for owners of pets wishing to have their animals euthanised. Unadopted animals or animals which are not suitable for adoption and which are the property of the Centre are euthanised by a local veterinarian. Euthanasia services are performed twice weekly on a rotation basis by the local veterinarians. In exchange for veterinarian assistance and advice in this regard, the Animal Control Centre provides a removal service of dead animals from the local clinics in conjunction with the scheduled disposal nm of dead animals from the Centre. Animals are currently disposed of in a controlled environment at the Metro Landfill Site. (7) Animal CruelW: Suspected cases of cruelty to animals are not handled by the Animal Control Centre. Provincial law requires that such cases be referred to either the Ontario Society for the Prevention of Cruelty to Animals (The Ontario Humane Society and affiliates) or the Durham Regional Police Service for their appropriate action. (8) Animals for Research: Animals at the Animal Control Centre are neither sold nor voluntarily offered for research purposes. (9) Animal Husbandry and Medical Advice: While simple behavioural problems are often discussed with pet owners, persons having questions concerning animal husbandry or seeking detailed medical advice are advised by the staff to contact their local veterinary clinic. 12 ANIMAL CONTROL AND POUND POLICIES AND PROCEDURES CONTINUED (10) Animal Adoptions: Unwanted or stray animals may be placed up for adoption subject to compliance with certain criteria. In terms of unwanted animals, pet owners are questioned as to where they reside and why they are giving up the animal and, further, questions are asked regarding the animals age, health, temperament, general habits, etc.. Based on the information provided, a decision is made by the Supervisor of Animal Control Services whether a particular animal would be suitable for adoption. The Centre will not accept and place up for adoption an ammal which knowingly has problems· Stray animals which have become the legal property of the Animal Control Centre are evaluated more closely in considenng them for adoption, since the history of the animal is unknown. Often in consultation with a local vetennarian, animals are evaluated as to the appropriate age for adoption, the temperament and general health of the animal, the ability of the animal to adjust to surroundings and (especially in terms of stray adult cats) whether the animal has been neutered and/or declawed. All animals placed up for adoption that do not have previous records of vaccinations are given one set of vaccinations prior to adoption. Rabies shots are not given, since only a qualified veterinarian can administer this type of vaccination. It is important to note that only those animals which have become the legal property of the Animal Control Centre can be offered for adoption. Animals are adopted on a first come, first served basis and are not held for prospective buyers. In adopting the animal, an adoption fee is required to be paid (see Fee Schedule). In addition to the fee, vaccine information and a complimentary annual licence will be issued for the animal if the owner is a resident of Ajax, Picketing or Whitby. The Centre will not knowingly adopt out a pet which hasn't been spayed or neutered to a resident who has already indicated that they own a pet of the opposite sex which is also not spayed or neutered. This policy is based on the fact that the Centre is attempting to control the birth of unwanted pets. Such owners are advised that they would be eligible to adopt a second animal at such time as their current animal has been spayed or neutered. 13 me ANIMAL CONTROL AND POUND POLICIES AND PROCEDURES CONTINUED Persons residing in apamnent buildings are questioned as to whether pets are allowed in their building. In cases where a favourable response is given, a notation is made on the receipt of purchase and sale. The Animal Control Centre will not adopt a pet out to an individual under the age of eighteen years of age and teenagers are required to be accompanied by a parent when purchasing a pet. Within forty-eight hours of an animal being adopted, and having been certified either verbally or in writing to be unhealthy by a veterinarian, and/or the ammal has aggressive tendencies, the owner of the adopted animal may return the pet to the Animal Control Centre and the adoption fee will be refunded. Such animals are generally euthanised at the Centre. The Centre does not permit ammals to be exchanged. (11) Wildlife and Exotic Animals: Wild animals, birds, etc., that are simply a nuisance to the public do not fall under the responsibility of the Animal Control Centre because there is no government legislation to cover such care. Wildlife complaints received at the Animal Control Centre are directed to the Ministry of Natural Resources. The Animal Control Centre does, however, make available to residents of Ajax, Picketing and Whitby humane traps upon payment of a prescribed deposit fee. The trap can be used for five days and if during that time the animal is caught, the Animal Control Centre will come and remove the animal and release it in a natural setting, for a fee. A refund of the deposit is then given to the property owner once the trap is returned to the Animal Control Centre by the assigned date. A complainant who does not wish to make use of the humane trap is directed to a private pet control service. With regard to "exotic" animals, each of the three municipalities have enacted by-laws to prohibit the keeping of such animals (refer to Appendices 3, 4 and 5). In the event an exotic animal (i.e. an Iguana) is placed in confinement at the Animal Control Centre, attempts are made to contact the owner, if known, and the owner will be able to retrieve the animal on payment of the required pound fees and upon execution of a release form which provides that the animal is to be taken to an area where the keeping of such an animal is permitted by law. The release form also indemnifies the three municipalities from any actions resulting from the release of the animal. The owner is advised that if the animal is found again within the P.A.W. area, charges would be laid under the respective regulatory by-law. 14 ANIMAL CONTROL AND POUND POLICIES AND PROCEDURES CONTINUED Where an owner is unknown or where an owner has been identified but refuses to si~wn the release form, the exotic animal is retained for a fourteen day period. Upon expiry of the retention period, a letter is hand delivered to the owner, where known, requesting that the animal be claimed within a prescribed time period or it will be disposed of. When ownership is not achieved, the Animal Control Centre contacts the Ontario Humane Society or other specific association (i.e. Domestic Iguana Association) to arrange for the release and relocation of the exotic animal. (12) Pick-Ul~ and Disposal of Animal Carcasses: All animal carcasses on roadways (with the exception of Highway No. 401) within the P.A.W. area are picked up and disposed of by the Animal Control Centre. Animal carcasses along Highway No. 401 are normally removed by the Ministr>' of Transportation and taken to the Toy Street Depot in Pickering where the )mimal Control Centre, in turn, collects the carcasses. Owned animal carcasses are picked up and disposed of for a prescribed service fee (see fee schedule below). As previously noted, in exchange for veterinarian advice and assistance (re: sick/injured ammals) and euthanasia ser¥ices, the Animal Control Centre empties clinic freezers during the weekly run to the Metro Landfill Site. (13) Fee Schedules and Licensin Rg_~_quirements: The following list outlines the applicable fees payable for the various services provided by the Animal Control Centre: Adoption Fee Animal Placement (i.e. unwanted animals) Pound Fees Trap Rentals Cat Carrying Box $51.75 (Cats and Dogs) $26.75 S20.00 530.00 S50.00 550.00 (first impounding) (second impounding) (for each subsequent impounding) (deposit) *maximum five day limit 520.00 pick up fee (wildlife only) $5.00 per day late charge $5.00 clean out fee $4.60 15 0 4 0 "· ":.' - _~__~___ TO REPORT # ~'....._~_~ ~?- d / ANIMAL CONTROL AND POUND POLICIES AND PROCEDURES CONTINUED Daily Board (Maintenance Fee) Dog Leash Pickup and Disposal of Owned Animal Carcasses Animal Licences Replacement Licence $5.00 per day $3.00 $21.40 (if dropped offl $32.10 (if picked up) Lifetime - $35.00 Annual - Unaltered - $25.00 Annual - Unaltered with Microchip - $20.00 Altered - $15.00 Altered with Microchip - $10.00 $5.00 Note: The Animal Control Centre does not accept cheques. Payment may only be made using cash, MasterCard, Visa or Interac. (14) By-Law Enforcement: Animal Control Officers are appointed as Municipal Law Enforcement Officers and are responsible for the enforcement of the Animal Control By-laws of the three municipalities. Charges under the respective by-laws include: 2. 3. 4. 5. 6. 7. Animals running at large; Dogs and cats defecating on property other than their owners; Unlicensed cats and dogs; Dogs barking or howling excessively; Cats and dogs not vaccinated for rabies; The keeping of more than two dogs in a dwelling unit; and, The keeping of exotic animals. Persons reporting an infraction under an Animal Control By-law are required to give their name, address and phone number, which is kept as confidential information. The Centre will not accept anonymous complaints. Every reported infraction is investigated and the complainant is advised of the action to be taken. Generally, owners of animals found to be in contravention of the Municipal Animal Control By-laws will either be given a verbal or written warning before formal charges are laid. 16 ANI1;L~kL CONTROL AND POUND POLICIES .&N'D PROCEDURES CONTINUED A charge will only be laid, (a) if the offence is witnessed by an Animal Control Officer; or, (b) if the offence is witnessed by a complainant (a member of the public) who is prepared to attend court to give evidence, in such cases, a charge is only laid when the Animal Control Officer, based on their questioning of the complainant and investigation of the complaint, is of the opinion that a by-law infraction has occurred. Municipal Law Enforcement Officers within the by-law enforcement departments of the three municipalities are responsible for coordinating the prosecution of charges laid by the Animal Control Officers. A photocopy of eyed~ provincial offences notice and summons issued by the Animal Control Officers is forwarded to the appropr/ate municipal by-law department. The Animal Control Officers provide relevant information concerning the offences and attend court for the purposes of presenting evidence. 17 ATTACHHENT# ~L'-.TOREPORT# ~'z ~/7-o 1 ITEM 3-01 TREASURER'S REPORT TO THE PICKER:lNG, A.1AX WHITBY 3OINT ANIMAL CONTROL COMMTITEE October 17, 2001 Subject: Pet Adoption and Euthanasia Recommendation: 1. That Treasurer's Report, ]~tem 3-01, be received as information; 2. Origin: That animal control services staff be directed to undertake a comprehensive review of pet adoption and euthanasia policies and procedures and bring forward recommendations to reduce the number of unwanted and stray pets that are euthanised including, but not necessarily limited to, recommendations to, (a) (b) (c) promote public awareness of the absolute importance of responsible pet ownership; place greater responsibility on the owners of unwanted pets to find suitable homes for their pets; and, increase the adoption rate of unwanted and stray pets; and, That a copy of Treasurer's Report, Item 3-01, be forwarded to the Councils of Ajax, Pickering and Whitby for information. At the request of the Pickering, Ajax, Whitby Joint Animal Control Committee (P.A.W.), the animal control service providers in the Region of Durham were contacted to determine how P.A.W.'s pet adoption and euthanasia policies measure up to those of the other area municipalities. Analysis: P.A.W. Adoption and Euthanasia Policies and Procedures P.A.W.'s adoption and euthanasia policies date back to the inception of the Pickering, Ajax, Whitby joint animal control service in 1985. The policies and procedures, a copy of which is attached to this report, have remained relatively unchanged over the years. Many of the policies and procedures have been used as a model and adopted by other municipalities in the Greater Toronto Area. P.A.W. provides an adoption service for unwanted and stray pets in Ajax, Pickering and Whitby. Anyone who has an unwanted pet can turn it over to P.A.W. for adoption provided the animal meets certain adoption criteria. The animal's health, temperament, age and general habits are all taken into consideration when determining its suitability for adoption. Stray pets that are not claimed by their owner are also offered for adoption provided they are in good health, have a good temperament and meet the remaining adoption criteria. Veterinarians are often consulted to determine whether or not a stray pet is considered to be suitable for adoption. Animals with behavioural or health problems are not put up for adoption. ATTACHMENt' ~ Treasurer's Re o~em 3-01 ~ n43 P.A.W. goes to great lengths to place unwanted and stray pets in good homes. The benefits of adopting a pet are promoted through the local media, in various newsletters and publications and in the animal control service web page. Staff visit schools, participate in parades and community events and conduct open houses. The assistance of other animal control centres and shelters is encouraged and solicited. The help of animal rescue organizations is sought to adopt and rescue animals. Unfortunately, many of the stray pets taken in by P.A.W. are injured, sick or feral and must be euthanised. Even more unfortunate is the intolerable number of good, loving pets that must be put down by P.A.W. because they are unwanted or have been "abandoned" by their owners. Despite its best efforts, P.A.W. simply does not have the ways or the means to place all of the unwanted and stray pets in suitable homes. The Problem - Irresponsible Pet Ownershi~ The root of the problem in the P.A.W. service area is no different than it is across the Greater Toronto Area. The problem is irresponsible pet owners who, for whatever reason, refuse to spay, neuter or register their pets and allow them to run at large. Not until the problem of irresponsible pet ownership is fully addressed will there be a noticeable reduction in the number of animals that must be put down. Quite simply stated, P.A.W. does not have the means to effectively deal with the number of unwanted and stray pets that are dropped on its doorstep. Experience in Other Municipalities A synopsis of animal control services activity in other municipalities in the Region of Durham is attached to this report. It is difficult to come to any conclusions on the relative effectiveness of the various programs simply on the basis of this synopsis. Policies, procedures and service levels differ from municipality to municipality. For example, some jurisdictions have a limit on the number of unwanted pets they will accept at any one time. P.A.W. has always felt obliged to accept unwanted pets for adoption provided they meet the established adoption criteria. Unfortunately, when the pound is filled to capacity and all other reasonable avenues have been exhausted, there is only one remaining solution to respond to the pet over population problem. What is obvious from the synopsis is that there is a very significant pet problem across the entire Region of Durham. The problems associated with irresponsible pet ownership are not exclusive to the P.A.W. service area. Based on the statistics provided, the other thing that becomes obvious is that some jurisdictions have more success than others in finding homes for unwanted and stray pets. P.A,W.'s Response to the Problem It was indicated earlier in this report, the root of the problem is irresponsible pet owners. Over the years, Picketing, Ajax and Whitby have been pro active in attempting to educate the public about the importance of responsible pet ownership. In addition to the efforts previously noted in this report, the municipalities have passed by-laws to prohibit the running at large of cats and dogs. Cats and dogs are required to be registered and differential registration fees have been introduced to encourage the spaying and neutering of pets. Pet owners with microchip pet identification qualify for reduced registration fees. In the Town of Whitby, a lifetime identification tag has been introduced in an attempt to encourage more owners to identify their pets. All three municipalities have door-to-door campaigns promoting pet identification and the importance of responsible pet ownership. 4/It ATTACHNEh2' Treasurer's Report, Item 3-01 (Continued) Conclusions This is not to say that more can't be done to promote responsible pet care and reduce the number of pets that have to be put down. For example, the Municipality of Clarington Animal Services has a website that is devoted to placing unwanted and stray animals in good homes. When an animal is taken in for adoption, a picture of the animal is taken and the picture is immediately posted to their website. A number of municipalities place greater responsibility on the pet owner to find a suitable home for their unwanted pet rather than simply handing the problem over to the local animal control service. Some animal control service centres work more closely than others with animal rescue organizations to adopt and rescue pets. If P.A.W. is going to achieve any degree of success in reducing the number of pets euthanised each year it must develop a comprehensive approach that not only addresses the effect but also the cause of the problem. It is recommended that staff be directed to give this matter its immediate attention. Existinq Policy: Refer to Analysis Alternatives: Refer to Analysis Financial Considerations: The challenge facing P.A.W. is to provide a reasonable, balanced and acceptable level of animal control service to the public recognizing the limited human and financial resources available. ' --- : ,' .,: .. V7-o/ ANIMAL CONTROL SER~qCES PET ADOPTION AND EUTHANASIA POLICIES A2qD PROCEDURES Animal Adoptions: Unwanted or stray animals may be placed up for adoption subject to compliance with certain criteria. The Animal Control Centre will only accept unwanted pets from people who reside within the P.A.W. area. Man3' phone calls are placed to the Centre from persons wishing to give up their pets who are non-residents of the P.A.W. area. These people are requested to contact their local animal control centres. There is also a fee associated with bnnging in an unwanted pet. When the unwanted animal is delivered and signed over to the Centre, the owner is made aware that the animal is no longer their's and that there is no set time for holding ani~nals for adoption and that adoptive placement cannot be guaranteed. The owner is also advised that if the animal is not adopted, it will be euthanised. In terms of unwanted animals, pet owners are questioned as to where they reside and why they are giving up the animal and, further, questions are asked regarding the anilnal's age, health, temperament, general habits, etc.. Based on the information provided, a decision is made by the Supervisor of Animal Control Services whether a particular animal would be suitable for adoption. The Centre will not accept and place up for adoption an animal which knowingly bas problems. Stray animals which have become thc legal property of thc Animal Control Centre are evaluated more closely in considering them for adoption, since the history of the animal is unknown. Often in consultation with a local veterinarian, animals are evaluated as to the appropriate age fbr adoption, the temperament and general health of the animal, the ability of the animal to adjust to surroundings and (especially in terms of stray adult cats) whether the animal has been neutered an&or declawed. All animals placed up for adoption that do not have previous records of vaccinations are given one set of vaccinations prior to adoption. Rabies shots are not given, since only a qualified veterinarian can administer this type of vaccination. It is important to note that only those animals which have become the legal property of the Animal Control Centre can be offered for adoption..~oJmals are adopted on a first come, first served basis and are not held for prospective buyers. In adopting the animal, an adoption fee is required to be paid. In addition to the fee, vaccine information and a complimentary annual licence will be issued for the animal if the owner is a resident of Ajax, Picketing or Whitby. The Centre will not knowingly adopt out a pet which hasn't been spayed or neutered to a resident who has already indicated that they own a pet of the opposite sex which is also not spayed or neutered. This policy is based on the fact that the Centre is attempting to control the birth oF unwanted pets. Such owners are advised that they would be eligible to adopt a second animal at such time as their current animal has been spayed or neutered. Animal Euthanasia: Euthanasia services are not offered at the Animal Control Centre for owners of pets wishing to have their animals euthanised. Unadopted animals or animals which are not suitable fbr adoption and which are the property of the Centre are euthanised by a local veterinarian. Unadopted animals may be placed in lbster homes as an alternative to being euthanised when foster homes are available. Euthanasia sen'ices are performed twice weekly on a rotation basis by the local vetennarians. In exchai~ge for veterinarian assistance and advice in this regard, the Animal Control Centre provides a removal service of dead animals from the local clinics in conjunction with the scheduled disposal run of dead animals from the Centre. Animals are currently disposed of in a controlled environment at the Metro Landfill Site. ATTACHMENT#.--~--- ~'~ i.~.::~ , ~z_ q/7- °l 2000 ANIMAL SERVICES ACTIVITY 1N DURHAM REGION Stray cats impounded Unwanted cats surrendered Stray cats claimed 190 0 142 256 10 (ii) (ii) 265 62.'- (ii) 18 7¢ 22 1~ Cats adopted 58 290 (ii) Cats euthanized 138 27 (ii) Stray dogs impounded 173 239 (ii) 104 26 43 Unwanted dogs surrendered Stray dogs claimed Dogs adopted Dogs euthanized 181 198 196 818 208 Total number of cats and dogs admitted Total number of cats and dogs claimed Budget (i) (ii) (ii) (ii) (ii) (ii) (ii) 363 5O 39: 223 11' 253 44! 6 141 137 3O 105 542 159 109 28~ 15 123z Total number of cats and dogs adopted 84 486 (ii) 80 67t. Total number of cats and dogs euthanized 181 35 (ii) 328 13z Population 11,744 62,469 133,544 229,607 36,181 $100,000 $295,244 $590,900 $112,101 $2.57 $4.72 (iii) $330,200 $2.47 Per Capita Cost $8.51 Notes (i) (ii) (iii) For comparison purposes, revenue from the sale of cat and dog tags has not been considered. Statistics not available for 2000. At the time of writing the report, the budget breakdown for 2000 was unavailable. The budget 2001 is provided. PLANNING & DEVELOPMENT DEPARTMENT February 11. 2002 To: Bruce Taylor Git,,' Clerk MEMORANDUM t:rom: Tyler Barnett Planner II Subject: Draft Amending By-law for Zoning Bv-law Amendment Application ,q. 15/01 Sarwan Singh Dhm-~da I,ot 15, Plan 40M-1637 (2254 Cottonwood Circle) City of Picketing On February tl. 2002. Planning Committee recommended approval of Zoning By-law Amendment Application .-\ 15't)l to permit the establishment ora second dwelling unit within the existing dwelling on thc subject propcrt5. Thc attached draft by-la~ has been circulated to and approved by tile applicant. Should Council adopt the recommendation of thc Planning Committee at their February 18. 2002 meeting. Council may consider the attached Zoning Bx-laxx later o~ that same meeting. Statutory Public N, leeting was held Ibr this application on l)ecembcr 20. 2001. Please note that this bv-la~,' may be considered at the February 18. 2002 Council Meeting, provided Council approves the above noted application earlier that same meeting. Thc purpose and effect of this b~-law is to amend thc zoning of tile subject lands to permit the establishment of a second dwelling unit within the existing dwelling on the subject property. If you require further assistance or clarification, please do not hesitate to contact tile undersigned. I concur that this by-law be considered at this time. TB ~ Attachment THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5954/02 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Plmming Area, Region of Durham in Lot 15, Plan 40M-1637, City ofPickering. (A 15/01) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to change the zoning of the lands to permit the establishment of a second dwelling unit within the existing dwelling, on the subject lands, being Lot 15, Plan 40M-1637, City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: TEXT AMENDMENT Section 5. Provisions is hereby amended, as follows: (1) Clause 5.(1)(a) is amended by adding the following subclause: (ii) notwithstanding subclause 5.(1)(b)(ix) or any other provision of this By-law, a detached dwelling unit on Lot 15, Plan 40M-1637 may include a second dxvelling unit. (2) Subclause 5.(1)(b)(x) is amended by adding the following paragraph: A where a detached dwelling is permitted to include a second dwelling unit, there shall be provided and maintained a minimum of three parking spaces on that lot. 2. BY-LAW 3178/89 By-la~v 3178/89 is hereby further amended only to the extent necessary to give effcct to the provisions of this By-law as set out in Section 1 above. Definitions and subject matter not specifically dealt with in this By-laxv shall be governed by the relevant provisions of By-law 3036, as amended. 3. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this 18 day of February, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk PLANNING & DEVELOPMENT DEPARTMENT MEMOIL{NDL~4 Febrtlarv 12. 2002 Bruce TavIor City Clerk Tyler t:?,an~ett Plaln2ci' Ii Subject: Draft Amending By-lay,' fbr Zoning By-lay,' An~endmcnt Application A 28 ~1 Cougs (VallcylM-m) Limited Part of Lot 20. Concession 1 (South-east comer of Kingston Road and Valley Farm Road) City of Picketing On Fcbt'uarv 11, 2002, Plannin~ Connnittcc recommended approval of Zonings Nv-law Amendment An~endment Application A 28,~1 to reduce the required nainin2um buildins height tkom 8.5 metres to 0.5 metres xx'hile naaintaiiain~ the tx~o storey minimum build[ha height requirement and to provide additional dock c~xcroactnncnt provisions on thc subject lands. The attached draft by-law has been circulated to and approved by thc applicant. Should Council adopt the recommendation of the Planning Committee at their l:ebruarv 18, 2002 meeting, Council may consider the attached Zoning Bx-law later on that same meeting. A Statutory Public Meeting was iqcld lbr this application on .lanuarv 1- 201}2. Please note that this by-law may be considered at tile Fel)rual'v 18, 2002 Council hleeting, provided Council approves the aboxe noted application earlier that same meeting. The purpose and effect of this bv-Iaw is to amend the zoning of lhe subject lands to reduce the required minimum building heigtnt t'rOln S.5 metres to 0.5 metres while maintaining the two storey minimum building height requirement and to provide additional deck encroachment provisions on the subject lands. If' you require further assistance or clari/~cation. [)lease cio not hesitate to contact the undersigned. I concur that this by-law be considered at this time. ~~pnlellt Attachment THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 5955/02 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 5891/01, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 20, Concession 1, in the City of Pickering. (A 28/01) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to reduce the minimum required building heights and to provide additional deck encroachment provisions on the subject lands, being Part of Lot 20, Concession 1, in the City of Pickering: AND Wq:tEREAS an amendment to By-law 3036, as amended by By-law 5891/01 as amended, is theretbre deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CiTY OF PICKERING ENACTS AS FOLLOWS: 1. TEXT AMENDMENT 1.1 Subclause 4.(2)(h)(ii) of By-law 5981/01, is hereby repealed and replaced with the following: 1.2 1.3 (ii) (minimum) 6.5 metres and 2 storeys; Subclause 4.(2)(j)(i) of By-la;v 5981/01, is hereby amended by adding the folloxving paragraph: D Despite A above, on the lands crosshatched on Schedule I attached hereto, covered or uncovered steps or platforms not exceeding 4.4 metres in height may project a maximum of 2.5 metres into a required rear yard; Clause 5.(2)(h) of By-law 5981/01, is hereby amended by adding the following subclause: (iii) Despite Subclause (ii) above, on the lands designated "SA-9" and "SA-l()" on Schedule I attached hereto, the minimum building height shall be 6.5 metres and two storeys; 2. SCHEDULE AMENDMENT Schedule I to By-law 5891/01 is hereby further amended by adding cross-hatching in the east portion of the site (S-SD-3) in the general location identified on Schedule I attached hereto. Accordingly, Schedule I to By-law 5891/01 is replaced with Schedule I attached hereto. 3. BY-LAW 5891/01 By-law 5891/01 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 and 2 above, and as set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. -2- '}51 4. EFFECTIVE DATE This By-laxv shall take c£fcct i'rom the day of passing }~ereol' subject to the approval o1' the Ontario Municipal Board. if required, BT-LAW read a first, second, and third time and linattx' passed this 18 day of February . Bruce Taylor, Clerk SA-9 S-SD-3: SA-10 SA-10 S-SD-3 SA-9 RC N BUILD TO ZONE BUILDING ENVELOPE SCHEDULE T TO BY-LAW PASSED THIS lSth DAY OF October 2001 5891/01 AMENDED BY BY-LAW 5955/O2 MAYO R CLERK THE CORPOtLATION OF THE CITY OF PICKERiNG BY-LAW NO. 5956/02 Being a bv-laxv to authorize tile acquisition or disposition o£ certain road alloxvances to correct Registry Office records. \VIfEI,(EAS the Municipal Act. R.S.O. 1990 provides Ibr tile acquisition amd disposition of certain lands bra municipality; auld \VIIEILEA$ the ownership of certain road alloxvaa~ces within the City of Pickering are not properly reflected on title at tile Land RegistU Office: AND Wt tEREAS, it is mnicipated that acquisitions or dispositions of lands max be required to correct tile records at tile Land Registry NO\V TtIi(REFORE THE COUNCIi~ OF TIlE CORPOtLA'I'ION OF THE CITY OF P1CKt~RIN(5 ttERNBY ENACTS AS The Mayor and ('lerk are hereby authorized to execute all 'I'ransfers/Deeds of I,and, nominal consideration and in a lbrm satislhctorx to the Solicitor lbr thc City. dt~cting amendments to I.and Registry Office records to reflect thc proper ownership of certain road allowances within thc City of Picketing. The Mayor and Clerk are hereby authorized to accept conveyances, lbr nominal consideration and in a Ibrm satisfactorx to the Solicitor lbr the City, effecting amendinents to Land Registr5 Office records to reflect the proper ownership of road allowances within tile City of Picketing. BY-LAW read a first, second and third time and finally passed this 18th day of February, 2002. \\'avne :\rthurs. Nlavor Bruce Fax lot. Clerk W2300/R}(0000 c 54 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 59 57/02 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation 1650 Kingston Road) WHEREAS pursuant to section 15(I) of the Police Services Act., R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That the following persons be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and is hereby authorized to enter at all reasonable times upon lands municipally known as 1650 Kingston Road: Adam Scott Mario Moriera Andrea Johnson Preston Roberts Dave Glover Stan Szymanski Jay Jolmston Wolf Brozoska Jen Galo Keith Pearson Lewis Stevens A1 Lambert Nick Koitsopolis Carole MacDonald Shaun Stobert Jason Savage Trevor Parker Jeff Clements Joe DePasquale Kevin Blois Adrian Rozel Monica Gallant Bob Rombough Sean Staflbrd Ed Francis Teresa Canonico J eft Cleeves Yvonne Fox Kathy Edwards Kevin Linthorue The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the persons listed in section I ceasing to be employees of Group 4 Securitas Limited or upon Group 4 Securitas Limited ceasing to be an agent of 1650 Kingston Road, or upon whichever shall occur first. 4. By-law 5945/02 is hereby deleted. BY-LAW read a first, second and third time and finally passed this 18th day of February, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk Cite NOTICE OF MOTION DATE: FEBRUARY 18.2002 MOVED BY: COUNCILLOR MCLEAN SECONDED BY: COUNCILLOR HOLLAND WHEREAS in 1982, the municipalities of Picketing. ,Siax and \x&itbv purchased the Animal Control Centre located at 4680 Thickson Road North in the Town of Whitby from the Ontario Humane Society but continued to alloy,' the Ontario Humane Society to provide animal control services under contract to the three municipalities: and WHEREAS in 1985. due to increasing costs and decreasing service, the municipalities of Pickering, Ajax and Whitbv decided to jointly undertake the entire animal control operation and entered into agreements to provide 1br such service: and WHEREAS in a Servicing Agreement dated December 31. 1985. the Town of Whitby agreed to provide the services of pound-keeper and aninml control officer for the three municipalities; and WHEREAS this Ser"vicing Agreement may be terminated on December 31~ in any year by any of the three municipalities upon slx month's prior written notice: and WHEREAS in an Animal Control Agreement dated December 31. 1985, the responsibilities of the three municipalities respecting the establishment of a joint animal control service and a joint board of management, in addition to criteria related to the premises, contract serxSces, indemnification and agreement termination are set out: and V~qtEREAS this Animal Control .Agreement maybe terminated on December 31~' in any year bv any of the three municipalities upon six month's prior written notice: and WItEREAS the Animal Control Agreement provides tbr the equal distribution of property and related assets; and VvStEREAS the Council of the Corporation of the Citx of Picketing ~'ould like to improve the level of service to our residents and their animals particularly in areas such as adoptions, enforcement, animal disposal, public relations and education: and WHEREAS the animal control operation can be operated at a cost saving to residents it' the Town of Ajax partnered with the City of Picketing to provide such an operation; NOW THEREFORE the Council of the Corporation hereby resolves that subject to the Council of the Town of Ajax agreeing to partner with the City of Pickering to provide an animal control service that: Pursuant to Section 19(1)(b) of the Servicing Agreement, notice is hereby given that the City of Picketing wishes to terminate the Agreement on December 31, 2002. Pursuant to Section 15(1)(b) of the Animal Control Agreement, notice is hereby given that the City of Pickering wishes to terminate the Agreement on December 31, 2002. AND FURTHER THAT a copy of this resolution be forwarded to the Council of the Town of Ajax to seek its agreement to partner with the City of Pickering in providing an animal control service commencing January 1, 2003. Btaylor:NoM Animal Control CARRIED: MAYOR NOTICE OF MOTION DATE: FEBRUARY 18. 2002 MOVEDBY: COUNCILLOR PICKLES SECONDEDB'i~: COUNCILLOR JOHNSON WHEREAS the Toronto Regional and Conservation Authority (TRCA) has requested the Ontario Realty Corporation {OR(') to commission a structural and safety survey of the Whitevale Dam: and WHEREAS the letter of request make specific retbrence to the section of the Lakes and Rivers Improvement Act which clearly identifies that the o~vner of the dam is responsible for structural and safety issues: and WHEREAS according to several TRCA staff', the ~,q-dtevale Dam has been in need of repair for quite some time; and WHEREAS The Ontario Realty Corporation. the current owner of the dam. has not taken action to correct the structural problems: and WHEREAS one solution to the situation might be to replace the structure with one that is less obtrusive, but which still prevents non-native migrators.' fish from invading the upstream habitats: and WHEREAS the informal historic and social importance of the dam within the hamlet will need to be taken into consideration: and WHEREAS the Whitevale I)am appears to be vulnerable to structural /hilure and the ramifications of such a thilure could spell extensive ecological damage, including: · Massive loads of silt and clay suspended and settling in the lo~¥er reaches of West DutTms and the main stem downstream to the Duftkks Marsh - loads that would damage aquatic habitat and constrict stream channels. · Potential for bank damage and downstream erosion caused by lb..st moving large woody debris which now rests in the silted channel above the dam · Opening upstream tributaries to anadromous fish invasions, including sea lamprey and · Loss of brook trout stocks displaced by invading salmonids. /3 WHEREAS without some appreciation for the future of this structure, any fish management planning and the Duffins Creek Strategy are place in jeopardy; NOW THEREFORE copies of the letter of request be sent to the Ministry of Natural Resources (MNR) District Office, Department of Fisheries and Oceans, Toronto Regional and Conservation Authority, the Town of Ajax and the Region of Durham; and THAT the City of Pickering requests the Ontario Realty Corporation to commission a structural and safety survey of the Whitevale Dam and take appropriate action to current structural problems in consultation with the TRCA, City of Pickering, MNR and residents. Btaylor:NoM Whitevale Dam CARRIED: MAYOR