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HomeMy WebLinkAboutJuly 24, 2006 Council Meeting Minutes Monday, July 24,2006 7:30 PM PRESENT: Mayor David Ryan COUNCillORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: 1. J. Quinn E. Buntsma N. Carroll G. Paterson A. Allison D. Bentley K. Thompson - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Solicitor - City Clerk - Manager, By-law Enforcement Services (I) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) DISCLOSURE OF INTEREST Councillor Pickles made a declaration of interest under the Municipal Conflict of Interest Act with respect to a Notice of Motion concerning Aboriginal Heritage Resources in the City of Pickering/Protection of Aboriginal Culture as the subject matter pertains to information he deals with as a part of his employment. Councillor Pickles did not take part in the discussion or vote on the matter. (III) ADOPTION OF MINUTES Moved by Councillor McLean Seconded by Councillor Brenner - 1 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM Council Meeting of June 26, 2006 "In Camera" Council Meeting of June 26, 2006 CARRIED (IV) DELEGATIONS 1. Colin Arnott, WSIB Chair Pickering Professional Firefighters Association Re: Presumptive Leqislation for Cancer Amonq Firefiqhters C. Arnott, Chair of WSIB for the Pickering Professional Firefighters advised that his association had been working with the WSIB to improve compensation that firefighters receive for the illnesses that they are exposed to. Due to the nature of their job, firefighters are often exposed to chemicals through water, steam, moisture, and sweat. These exposures often result in occupational diseases such as colon, esophageal, testicular, lung, stomach, liver, and pancreatic cancer, as well as multiple and malignant melanoma. Other Canadian provinces such as Manitoba, Alberta, Saskatchewan, British Columbia, and Nova Scotia have adopted Presumptive Legislation, which provides firefighters with full benefits for cancer and other related diseases. In Ontario, firefighters have only been receiving compensation on a case-by-case basis and Mr. Arnott believes that these workers must be fully compensated for their illnesses by adopting Bill 111. Although a private members bill, he stressed the importance of supporting the firefighting profession on this matter. A question and answer period ensued. 2. Fire Chief Wm. Douglas Re: Presumptive Leqislation for Cancer Amonq Firefiqhters Fire Chief Douglas spoke about how firefighters are quite often unsure of what toxins exist when they attend a fire/emergency scene, and even though technology had improved their protective gear, cancer and heart attacks are still a part of this career. He noted that one firefighter from another municipality contracted cancer within a few weeks of a fire. He believes that firefighters and their families are due for compensation, and he fully supports Bill 111. A question and answer period ensued. - 2 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM N) CORRESPONDENCE 1. CORR. 44-06 MAYOR HAROLD GRIER THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS 1 Jessie Street, PO Box 129 Lansdowne, ON KOE 1 LO Advising that at a meeting held on May 29, 2006, the Council of the Township of Leeds and the Thousand Islands adopted a resolution with respect to a request to the Provincial Government not to implement the recommendation of the Watertight Report to create an Ontario Water Board or transfer jurisdiction of water and wastewater to Regional Municipalities and requesting Council's support of their resolution. 2. CORR. 45-06 LAURA MOY DIRECTOR STAFF SERVICES/CLERK THE CORPORATION OF THE TOWN OF TECUMSEH 917 Lesperance Road Tecumseh, ON N8N 1W9 Advising that at a meeting held on June 28, 2006, the Council of the Town of Tecumseh adopted a resolution with respect a request to the Government of Canada to cancel negotiations for a free trade agreement with Korea which would result in a further negative impact on the one way flow of automotive products into our market and requesting Council's support of their resolution. Resolution #101/06 Moved by Councillor Johnson Seconded by Councillor Brenner That CORR. 44-06 from the Township of Leeds and The Thousand Islands and CORR. 45-06 from the Town of Tecumseh be received for information. CARRIED - 3 - Council Meeting Minutes Monday, July 24,2006 7:30 PM 3. CORR. 46-06 DENIS KELLY, REGIONAL CLERK REGIONAL MUNICIPALITY OF YORK 17250 Y onge Street Newmarket ON L3Y 6Z1 Advising that at a meeting held on May 25, 2006, the Council of the Region of York adopted a resolution with respect to Transportation Improvements, Markham Bypass to Morningside Avenue Link, Environmental Assessment and requesting that the City confirm its support for a continuous alignment and further, that the Province of Ontario take an active role as co-proponent for the undertaking. Resolution #102/06 Moved by Councillor Johnson Seconded by Councillor Dickerson That CORR. 47-06 from the Region of York be endorsed. CARRIED 4. CORR. 47-06 DENIS KELLY, REGIONAL CLERK REGIONAL MUNICIPALITY OF YORK 17250 Y onge Street Newmarket. ON L3Y 6Z1 Advising that at a meeting held on June 22, 2006, the Council of the Region of York adopted a resolution with respect to Internationally Trained Physicians, urging that the Government of the Province of Ontario and the College of Physicians and Surgeons of Ontario take immediate action to devote more resources to manage the increase in the numbers of International Medical Graduates applying to the IMG Program; take action to make the temporary/pilot IMG program permanent and self-sufficient; and prevent delays and remove barriers to the assessment of experienced internationally-trained physicians through the RPA program so that they practice in Ontario without unnecessary delays. Resolution #103/06 Moved by Councillor Dickerson Seconded by Councillor Pickles - 4 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM That CORR. 47-06 from the Region of York be endorsed. CARRIED 5. CORR. 48-06 J.D. LEACH, CITY CLERK CITY OF VAUGHAN Clerk's Department 2141 Major Mckenzie Drive Vauqhan. ON L6A 1 T1 Advising that at a meeting held on June 30, 2006, the Council of the City of Vaughan adopted a resolution with respect to a request to the Province of Ontario to immediately commence a consultative process with the municipal and development sectors to revise the Development Charges Act to address the issues noted within their resolution and other concerns that may be raised by the municipal sector. Resolution #104/06 Moved by Councillor McLean Seconded by Councillor Brenner That CORR. 48-06 from the City of Vaughan be endorsed. CARRI ED 6. CORR. 49-06 P.M. MADILL REGIONAL CLERK REGION OF DURHAM 605 Rossland Road East Whitby. ON L 1 N 6A3 Advising that at a meeting held on June 21, 2006, the Council of the Region of Durham adopted a resolution with respect to revisions to the terms of reference for the Durham Environmental Advisory Committee (DEAC) for the purpose of allowing youth members and to recognize the extended term of Regional Council. - 5 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM 7. CORR. 50-06 P.M. MADILL REGIONAL CLERK REGION OF DURHAM 605 Rossland Road East Whitby. ON L 1 N 6A3 Advising that at a meeting held on June 21, 2006, the Council of the Region of Durham adopted a resolution with respect to Tiered Emergency Response: Emergency Fire and Medical Services (Report #2006-F-33). 8. CORR. 51-06 MARTHA A. PETTIT MANAGER OF LEGISLATIVE SERVICES/DEPUTY CLERK TOWN OF AJAX 65 Harwood Avenue South Ajax. ON L 1 S 2H9 Advising that at a meeting held on June 22, 2006, the Council of the Town of Ajax adopted a resolution with respect to a request to the Sierra Legal Defence Fund to add the Town of Ajax to the list of signatories to the legal petition entitled "Petition under s. 115, United States Clean Air Act, 42 U.S.C. s. 7415(a) to the United States Environmental Protection Agency for relief from certain emissions from large electric generating units in the States of lIinois, Indiana, Pennsylvania, Michigan, Ohio, West Viriginia and Kentucky. 9. CORR. 52-06 BETTY DEHANN CAO/CLERK TOWNSHIP OF SOUTH STORMONT 4949 County Road No. 14 PO Box 340 Inqleside, ON KOC 1 MO Advising that at a meeting held on June 29, 2006, the Council of the Township of South Stormont adopted a resolution with respect to a request to petition the government to implement legislation banning the use of pesticides for cosmetic purposes across the country and requesting support for their resolution. Resolution #105/06 Moved by Councillor Johnson Seconded by Councillor McLean - 6 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM THAT CORR. 49-06 to CORR. 52-06 be received for information. CARRIED 10. CORR. 53-06 PATTI L. BARRIE MUNICIPAL CLERK MUNICIPALITY OF CLARINGTON 40 Temperance Street Clarinqton. ON L 1 C 3A6 Advising that at a meeting held on May 1, 2006, the Council of the Municipality of Clarington passed a resolution advising that Clarington does not support the concept of mixing paper-fibre biosolids with compost as contemplated in the contract with Waste Management of Canada Corp. until the recommendations of the Experts Panel are implemented by the Ministry of the Environment and further requesting endorsement of their resolution. 11. CORR. 54-06 PATTI L. BARRIE MUNICIPAL CLERK MUNICIPALITY OF CLARINGTON 40 Temperance Street Clarinqton. ON L 1 C 3A6 Advising that at a meeting held on June 12, 2006, the Council of the Municipality of Clarington passed a resolution urging the Government of Ontario to a) provide adequate funding under the Clean Water Act to land owners; b) review the implementation strategy with and to the satisfaction of the commodity groups and the AMO before it is included in the regulations; c) transfer adequate funds to the municipalities for the implementation and further requesting endorsement of their resolution. 12. CORR. 55-06 DEBBIE LEROUX CLERK TOWNSHIP OF UXBRIDGE 51 Toronto Street South Uxbridqe, ON L9P 1T1 Advising that at a meeting held on June 26, 2006, the Council of the Township of Uxbridge passed a resolution requesting the Provincial and Federal governments - 7 - Council Meeting Minutes Monday, July 24,2006 7:30 PM to work together to provide more spaces in our medical universities and to provide financial commitments to fulfill these critical shortages and requesting support for their resolution. Resolution #106/06 Moved by Councillor Johnson Seconded by Councillor Brenner That CORR. 53-06, CORR. 54-06 and CORR. 55-06 be endorsed. CARRIED 13. CORR. 56-06 SHASHI BHATIA CHAIR INDO-CANADIAN CULTURAL ASSOCIATION OF DURHAM 1894 Bainbridge Drive Pickerinq. ON L 1V 6G6 Advising that through the recognition of all its peoples and the celebration of multiculturalism, the City of Pickering leads Durham Region by integrating diversity in all its plans. The ICCAD was formed to capture, and integrate our unique cultures brought to this great land, and the region of Durham in such a manner as to maximize the enrichment, and strong potential of our communities by weaving a common thread that connects us as Canadians. ICCAD is hereby requesting that the City of Pickering hereby proclaim August 15th as India Independence Day. 14. CORR. 57-06 JUDY LEWIS PARTNER & EXECUTIVE VICE PRESIDENT STRATEGIC OBJECTIVES 184 Front Street East, 4th Floor Toronto. ON M5A 4N3 Advising that on Thursday September 21, 2006, M&M Meat Shops will be hosting its second annual National Family Dinner Night and requesting a letter of support for this community-based initiative and requesting that the City proclaim September 21, 2006 as National Family Dinner Night. - 8 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM Resolution #107/06 Moved by Councillor Johnson Seconded by Councillor Dickerson That as per CORR. 56-06, August 15, 2006 be declared as India Independence Day and the applicant be so advised; and That as per CORR. 57-06, September 21,2006 be declared National Family Dinner Night and the applicant be so advised. CARRIED (VI) EXECUTIVE COMMITTEE REPORT Executive Committee Report EC 2006-12 1. Director, Corporate Services & Treasurer, Report CS 43-06 Public Meeting Notice of the Passinq of a Taxicab Licensinq By-law The Chair advised that the purpose of the public meeting was to solicit comments from the general public with respect to the draft Taxicab Licensing by-law. Upon review of the comments, the by-law will then be presented at the September 18, 2006 meeting of Council. He noted that there are a number of people who have registered with the Clerk's Division for the purpose of addressing Council on the by-law, therefore this speakers list will commence first and then delegations will be taken from the floor. He also reminded everyone that as a delegation they are provided with a maximum of 10 minutes, and to please state their name and address for the record. Michael Webster, Barrister & Solicitor, representing Durham Rapid Taxi & Pick 'N Go Taxi appeared before Council to discuss his concerns with the new taxicab by-law. Mr. Webster advised that he represented 740 drivers in the suit against the City of Toronto and had researched the evolution of the taxicab by- law. He sees the biggest issue pertains to the economics of the taxi industry, specifically, that the drivers end up with no retirement pension at the end of their careers. The issue is that only after leasing a licence for 12 years can drivers own a plate, which ensures their retirement pension. The Clean Air Permit goes against the waiting list and this will create tension with other drivers, therefore not rewarding long-term participation. Mr. Webster was also concerned with Section 106. He believes that the City of Pickering needs to maintain a certain amount of control over brokerages, and that this section - 9 - Council Meeting Minutes Monday, July 24,2006 7:30 PM does not detail appropriate guidelines. Overall, Mr. Webster was concerned that taxicab drivers are not making money and their retirements are not ensured. A question and answer period ensued and Mr. Webster was requested to provide a written summary of his comments to the City Clerk for reference in relation to the by-law review. Surinder Kumar, Taxicab Driver, appeared before Council to commend the Taxicab Advisory Committee on a job well done. He stated that the Committee had done well to bring all issues to light and allowed taxicab drivers within the City of Pickering to finally make some of their own money. Kewal Monocha, Taxicab Driver, appeared before Council in support of the new taxicab by-law. After a year and a half of hard work, Mr. Monocha believes that this is the best thing to happen to Pickering taxicabs and the industry. He pointed out that in Ajax, customers usually face a wait time of 45 minutes to an hour, and this is not something he supported. Section 63 of the draft by-law outlines the ratio of taxicab plates to residents of the City, and Mr. Monocha believes this ratio is 'right'. He would also like to increase the number of Clean Air Plates that are licenced, because of the associated decrease in fuel costs. Azisur Sajjad, Taxicab Driver, appeared before Council to discuss his concerns with the lack of business that taxicab are experiencing due to the amalgamation of Durham Transit and the increase in taxi fares. He stated that the City of Pickering licenced more taxicab plates than needed and suggests an amalgamation of taxicabs, like Durham Transit. Frank Hormons, Resident, appeared before Council to express his concerns with the maintenance and safety of the taxicabs in the City of Pickering. He stated that he supported the new taxicab by-law because it reflected some positive changes, especially in Section 46, which ensures regular maintenance of the vehicles. 2. Director, Planning & Development, Report PD 41-06 Declaring City - owned Lands Surplus Part of Commerce Street, Plan 65 (Part 1, Plan 40R-XXXXX) Authorization to Enter into Access/Parking Agreement (Part 2, Plan 40R-XXXX) (Portion of Untravelled Commerce Street, west of Front Road) - 10- Council Meeting Minutes Monday, July 24,2006 7:30 PM Resolution # 108/06 Moved by Councillor Dickerson Seconded by Councillor Ashe 1. That a By-law should be enacted to: a) stop-up and close a part of the untravelled portion of Commerce Street, Plan 65, Pickering, being Part 1, 40R-XXXXX as public highway; b) declare that part of the untravelled portion of Commerce Street, Plan 65, Pickering, being Part 1, 40R-XXXXX surplus to the needs of the Corporation for the purpose of sale to the north abutting owner, in accordance with the provisions of the Municipal Act and the Acquisition and Disposal of Land Policy subject to any required easements; and c) authorize the execution of all relevant documentation necessary to effect the stopping-up and closing of that portion of Commerce Street, Plan 65, Pickering, being Part 1 40R-XXXXX as public highway and to effect the sale/conveyance of it to the north abutting owner. 2. That Council authorize staff to execute an agreement between the City and Stephen McKean (the owner of 688 Front Road) respecting vehicle access and parking on a portion of untravelled Commerce Street, Plan 65, Pickering, identified as Part 2, Plan 40R-XXXXX. CARRIED 3. (Acting) Director, Planning & Development, Report PD 42-06 Request for Council's Permission to Create Lots by Land Severance D. & C. Hoover 1756 Pine Grove Avenue (Lot 7, Plan 410) City of Pickerinq Resolution # 109/06 Moved by Councillor Dickerson Seconded by Councillor Johnson - 11 - Council Meeting Minutes Monday, July 24,2006 7:30 PM That the request made by Chris Karkas of Karmann Homes, on behalf of the owners D. and C. Hoover, be approved, to permit the division of lands (being Lot 7, Plan 410, municipally known as 1756 Pine Grove Avenue) by land severance rather than by draft plan of subdivision for a future residential development. CARRIED 4. Director, Operations & Emergency Services, Report OES 26-06 Supply and Delivery of One (1) Multipurpose Single Person Refuse Packer Q-42-2006 Resolution # 110/06 Moved by Councillor Dickerson Seconded by Councillor Brenner 1. That Report OES 26-06 regarding the Supply and Delivery of a Multipurpose Single Person Refuse Packer be received; 2. That Quotation No. Q-42-2006 submitted by Haul-All Equipment Ltd. for the supply and delivery of a Multipurpose Single Person Refuse Packer in the amount of $103,445.00 (GST and PST extra), be accepted; 3. That the total gross purchase cost of $117,927.30 and a net purchase cost of $111,720.60, be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of; a) Debt financing not to exceed the amount of $110,000 for a period not to exceed five (5) years at a rate to be determined; be approved and that the balance of approximately $1 ,720 plus financing costs be financed from current funds; b) That annual repayment charges in the amount of approximately $25,300 be included in the annual current budget for the City of Pickering commencing in 2007 and continuing thereafter until the loan is repaid; c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial - 12 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM obligations for 2006 as established by the Province for municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 5. That staff at the City of Pickering be given the authority to give effect thereto. CARRIED 5. Director, Operations & Emergency Services, Report OES 28-06 Canada-Ontario Municipal Rural Infrastructure Fund Intake Three Proposed Pickerinq Project Resolution # 111/06 Moved by Councillor McLean Seconded by Councillor Pickles 1. That Report OES 28-06 regarding the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Intake Three be received; 2. That The Corporation of the City of Pickering participates in COMRIF Intake Three through the submission of an application by the application deadline of September 13, 2006; 3. That the City of Pickering's participation in COMRIF Intake Three shall consist of an undertaking of a bridge deck replacement program, at a total estimated cost of $765,000 and a net estimated City cost of $255,000, at the following locations as its highest priority . Palmer Bridge . Michell Bridge as provided for and approved in the 2005 and 2006 Capital Budgets; 4. That staff be given authority to prepare and submit the necessary documentation for the on-line application including a resolution by Council; and 5. That the appropriate officials of the City of Pickering be given authority to give effect thereto. CARRIED - 13 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM 6. Director, Corporate Services & Treasurer, Report CS 40-06 Establishment of Pine Creek Area Neiqhbourhood Watch Discussion ensued on this matter. Resolution # 112/06 Moved by Councillor Dickerson Seconded by Councillor McLean 1. That the letter from Durham Regional Police Services dated June 20, 2006 endorsing the establishment of the Pine Creek Area Neighbourhood Watch, be received; and 2. That the Council of The Corporation of the City of Pickering hereby endorse the Pine Creek Area Neighbourhood Watch and approves the installation of Neighbourhood Watch signs at the entrance to the subject area. CARRIED 7. Director, Corporate Services & Treasurer, Report CS 41-06 Heritage Permit Applications Submission under the Ontario Heritage Act A question and answer period ensued. Resolution # 113/06 Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Report CS 41-06 of the Director, Corporate Services & Treasurer be received; 2. That the processing of Heritage Permit Applications, as outlined in this report be approved; and 3. That the appropriate officials of the City of Pickering be given authority to give effect thereto. CARRIED - 14 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM 8. Director, Corporate Services & Treasurer, Report CS 42-06 Responsible Pet Ownership By-law Final Submission A question and answer period ensued on this matter. Resolution # 114/06 Moved by Councillor Dickerson Seconded by Councillor Brenner 9. Director, Corporate Services & Treasurer, Report CS 42-06 Responsible Pet Ownership By-law Final Submission A question and answer period ensued on this matter. Resolution #114/06 1. That Report CS 42-06 of the Director, Corporate Services & Treasurer be received; 2. That the draft Responsible Pet by-law, included as Attachment #3 to this report be approved; 3. That an Animal Services Committee be established, as outlined in this report; and 4. That Councillor McLean be appointed as the Council representative on the Animal Services Committee. CARRIED (VII) MOTIONS & NOTICE OF MOTIONS 1. Utilization Of ORC Lands At Liverpool Road And Highway 401 Request Of The Ontario Realtv Corporation Resolution # 115/06 Moved by Councillor McLean Seconded by Councillor Dickerson - 15 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM WHEREAS the Province of Ontario, through the Ministry of Transportation (MTO), owns a 4.3 ha. parcel of land located at the northwest corner of Liverpool Road and Highway 401, and WHEREAS the City understands that the Province may be holding these lands for consideration of transportation support uses in conjunction with MTO and GO, including a commuter parking facility and/or additional surface parking to serve the Pickering GO Station, and WHEREAS the use of these lands for a surface parking lot would be a serious underutilization of the lands, and WHEREAS these lands are strategically located adjacent to the Highway 401/Liverpool Road partial interchange and the Pickering GO Station, and are within the City's downtown area, and WHEREAS these lands hold significant development potential for prestige office employment and are also necessary to accommodate an important road access to the Town Centre West lands and a storm water management facility, and WHEREAS these lands play an important role in achieving both the City's and the Province's intensification objectives, especially considering the identification of downtown Pickering as an 'Urban Growth Centre' in the recently approved Provincial Growth Plan and the location of these lands in Pickering's downtown, NOW THEREFORE BE IT RESOLVED: THAT the Minister of Transportation and the Minister of Public Infrastructure Renewal make these lands available for development and work with the City of Pickering and the Ontario Reality Corporation to develop a marketing strategy that will maximize the development opportunity for the lands consistent with the policies and provisions of the Provincial Growth Plan, while providing the required road and storm water management infrastructure to support development of the Town Centre West Neighbourhood, and THAT the Minister of Transportation and Minister of Public Infrastructure Renewal clearly indicate their intent NOT to pursue the use or sale of these lands for the sole purpose of providing a commuter parking facility and / or additional overflow parking in association with the Pickering GO Station, - 16 - Council Meeting Minutes Monday, July 24,2006 7:30 PM THAT a copy of this resolution be forwarded to Minister Cansfield, Minister Caplan, Ontario Realty Corporation, GO Transit, Region of Durham, and MPP Wayne Arthurs. CARRIED Moved by Councillor Johnson Seconded by Councillor Pickles THAT the rules of procedure be suspended and leave be granted to introduce a notice of motion. CARRIED ON A 2/3RD MAJORITY VOTE 2. Cherrywood West Cluster And Cherrywood East Cluster Exclusion From Ministers Zoninq Order Detailed discussion ensued on this matter. Resolution # 116/06 Moved by Councillor Johnson Seconded by Councillor Pickles WHEREAS on April 22, 2003 the Province of Ontario imposed a Minister's Zoning Order (the "Order") filed as O. Reg. 154/03 to regulate land uses on lands west of West Duffins Creek and north of the CPR Belleville line; and WHEREAS it is difficult for owners of the existing dwellings in the Cherrywood West Cluster and Cherrywood East Cluster to obtain building permits for improvements to their dwellings because the Order imposes unduly restrictive agricultural performance standards; and WHEREAS the residents of the two clusters who have obtained an amendment to the Order have expressed concerns regarding the time, expense and cumbersome nature of the process required to obtain the amendment; and WHEREAS the Province may have inadvertently placed the agricultural performance restrictions on the Cherrywood West Cluster and Cherrywood East Cluster not realizing the residential character of these areas; THEREFORE the Council of the City of Pickering hereby requests that the Minister of Municipal Affairs and Housing amend the Order to exclude the Cherrywood West Cluster and the Cherrywood East Cluster from the Order. - 17 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM CARRIED ON A RECORDED VOTE: YEA NAY Councillor Ashe Councillor Brenner Councillor Dickerson Councillor Johnson Councillor McLean Councillor Pickles Mayor Ryan Moved by Councillor Johnson Seconded by Councillor Pickles THAT the rules of procedure be suspended and leave be granted to introduce a notice of motion. CARRIED ON A 2/3RD MAJORITY VOTE 3. Bill 111 - An Act To Amend The Workplace Safety And Insurance Act, 1997 With Respect To Occupational Diseases And Injuries Of Firefiqhters Resolution # 117/06 Moved by Councillor Dickerson Seconded by Councillor Brenner WHEREAS firefighters provide an invaluable service to the public and may risk their own personal safety in order to protect the lives of the residents of the City of Pickering; AND WHEREAS studies have shown that firefighters suffer from an incidence of some cancers and other diseases that is significantly greater than the normal population, and that this may be due to firefighters' exposure to toxic chemicals and carcinogens during the course of fighting fires; AND WHEREAS in response to these studies, the Province of Manitoba, Alberta, Saskatchewan and Nova Scotia have amended their Workers Compensation legislation to include a presumption that, for identified types of cancer in firefighters, the disease is attributable to work as a firefighter, - 18 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM WHEREAS Bill 111, an Act to amend the Workplace Safety and Insurance Act, 1997 with respect to occupational disease and injuries of firefighters has received first reading on May 4, 2006 by the Legislature of Ontario; AND WHEREAS this Bill is amending the Workplace Safety and Insurance Act to create two presumptions relating to health conditions affecting firefighters; AND WHEREAS Bill 111, Subsection 15.1 (3) states that if a firefighter get certain types of cancer or disease it is presumed to be an occupational disease that occurred due to employment as a firefighter; AND WHEREAS Bill 111, Subsection 15.1 (7) states that if a firefighter suffers heart damage while attending at a fire or emergency, or within 24 hours after attending at a fire or emergency, the heart damage is presumed to be a personal injury by accident that occurred due to employment as a firefighter; AND WHEREAS, the City of Pickering wishes to demonstrate its support through this motion for a comprehensive review of Ontario's Workers' Compensation Legislation as it specifically relates to Firefighters; THEREFORE, BE IT RESOLVED THAT the Council of the City of Pickering call on the Ontario Provincial Government to review Ontario's Workplace Safety and Insurance Act in order to ensure that Firefighters and their families receive fair and timely compensation for illness or disease that is attributable to their work as Firefighters; and that this motion be forwarded to the Hon. Dalton McGuinty, Premier of Ontario, Wayne Arthurs, MPP for Ajax-Pickering, the Association of Municipalities of Ontario and the Federation of Canadian Municipalities. CARRIED ON A RECORDED VOTE: YEA NAY Councillor Ashe Councillor Brenner Councillor Dickerson Councillor Johnson Councillor McLean Councillor Pickles Mayor Ryan - 19 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM 4. Aboriginal Heritage Resources in the City of Pickering Protection of Aboriqinal Culture Detailed discussion ensued on this matter. Resolution # 118/06 Moved by Councillor Dickerson Seconded by Councillor Brenner WHEREAS Council of the City of Pickering adopted Resolution # 139/02 pertaining to all development and redevelopment within the City of Pickering; and WHEREAS the intent of this resolution was to ensure the protection of significant aboriginal cultural heritage and archaeological sites through the involvement of appropriate First Nations; and WHEREAS an application has been filed with David Grey-Eagle Sanford that the proposed transfer of Provincial lands under the process failed to ensure adequate consultations with all appropriate First Nations; THEREFORE the Council of the City of Pickering hereby authorizes the City Solicitor to consult with the solicitor acting on an injunctive application filed in the courts on behalf of David Sanford; and Further, that the City's Director, Planning and Development ascertain through the Ministry of Municipal Affairs & Housing that the Provincial Central Pickering Development Plan satisfies the requirements of Pickering's "best practices" resolution as set forth in Resolution # 139/02. CARRIED ON A RECORDED VOTE: YEA NAY Councillor Brenner Councillor Dickerson Councillor McLean Mayor Ryan Councillor Ashe - 20- Council Meeting Minutes Monday, July 24, 2006 7:30 PM (VIII) BY-LAWS 6687/06 6688/06 6689/06 6690/06 6691/06 6692/06 6693/06 Being a By-law to stop-up and close that part of Commerce Street, Plan 65, being Part 1, Plan 40R- XXXXXXX as public highway and authorize the sale of the land to the abutting owner and, to authorize the execution of an Agreement respecting the use of City-owned lands by the adjacent owner for parking purposes. (Refer to Executive Page 142) Being a by-law to appoint Special Municipal Law Enforcement Officers for he Purpose of Enforcing Parking Restrictions on Private Property. Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Lots 8, 9, 21, 24, 25 & ROW over Lots 22, 23, Plan M-89, in the City of Pickering (A32/05) Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 2284/86 and 3253/89, to implement the Official Plan of the City of Pickering in the Region of Durham, for Part of Lots 27 and 28, Range 3, Broken Front Concession, in the City of Pickering. (A 40/00) Being a by-law to designate the property and buildings municipally known as 1505 Whitevale Road, being composed of Lot 21, Concession 4, southwest corner of Whitevale Road and Mulberry Lane. This by-law implements the recommendations of Report CS 04-06, of which a Notice of Intent to Designate 'Willson House' was published on May 24, 2006 and no appeals were received during the 30 day appeal period. Being a by-law to designate the property and buildings municipally known as 1690 Whitevale Road, being composed of Lot 19, Concession 5, north side of Whitevale Road adjacent to Urfe Creek. This by-law implements the recommendations of Report CS 03-06, of which a Notice of Intent to Designate "Glen House" was published on May 24, 2006 and no appeals were received during the 30 day appeal period. Being a By-law for Responsible Pet Ownership - 21 - Council Meeting Minutes Monday, July 24, 2006 7:30 PM THIRD READING: Councillor Brenner, seconded by Councillor Johnson moved that By-law Numbers 6687/06 to 6693/06 be adopted save and except By-laws 6691/06 and 6692/06 and the said by-laws be now read a third time and passed and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED (IX) OTHER BUSINESS 1. Councillor McLean advised that he had received several phone calls from concerned residents about the parking issues on Liverpool Road south at the waterfront. Parking has been extremely overcrowded due to the dragon boaters. Councillor McLean requested that the City Clerk review the matter in relation to by-law enforcement and provide him with an update. 2. Councillor Johnson inquired about the status of the EMS building on Highway 2. The Chief Administrative Officer confirmed that this issue is now between the Region of Durham and the Planning Department, and would keep Councillor Johnson informed of any further progress. 3. Councillor Johnson also wished the best of luck to the Claremont Lions this week, and thanked city staff for a great Canada Day celebration 4. Councillor Pickles passed along some resident concerns about a walkway from Valley Farm Road to Pineridge Secondary School. He would like to see some lighting and improvement, such as the brush cut back along the walkway to ensure safety for residents in the area. Councillor Pickles requested the Director, Operations & Emergency Services to follow up on this matter. Councillor Pickles was also concerned about the park located behind Walmart due to some recent vandalism and 'car racing'. 5. Councillor Brenner expressed his concerns about parking on Rodd Avenue and Park Crescent and Cliffview Road. He suggested that by-law should examine the possibility of posting a no parking sign and placing road markings. 6. Councillor Brenner was also concerned about Taunton Road and the bottleneck crossing into the City from Toronto. He Inquired as to whether or not we are addressing this interregional transportation issue, and if staff were participating on the inter-regional committee. - 22- Council Meeting Minutes Monday, July 24, 2006 7:30 PM 7. Councillor Brenner requested that staff review the matter of pesticide use and the City's communication strategy to date. He requested staff to review the strategies utilized by other municipalities and perhaps create a version of the promotional material for the City. He further requested staff to refresh their understanding of the history of pesticide use and the practices promoted now. 8. Councillor Brenner inquired about the Trails & Bikeway Master Plan from 1996. He questioned if the City is achieving what we set out to do and what are the anticipated future strategies? He would also like to encourage an awards system to employers for rewarding employees for riding their bikes to work. 9. The following matters were considered prior to the meeting: Resolution #119/06 Moved by Councillor Pickles Seconded by Councillor McLean That Council move 'In Camera' for the purposes of litigation or potential litigation including matters CARRIED a) Memorandum from the City Solicitor to the Chief Administrative Officer dated July 19, 2006 with respect to the OMB appeals of Zoning Applications for three body rub parlours (1630-1634 Bayly Street, 905 Dillingham Road and 1050 Brock Road) Confidential discussion ensued on this matter. Resolution #120/06 Moved by Councillor Ashe Seconded by Councillor McLean That the recommendation contained in the 'In Camera' Council minutes dated July 24, 2006 be adopted. CARRIED - 23- Council Meeting Minutes Monday, July 24, 2006 7:30 PM b) Memorandum from the City Solicitor to the Chief Administrative Officer dated July 19, 2006 with respect to litigation for diesel fuel spill on Toy Avenue A brief confidential discussion ensued on this matter. Moved by Councillor Dickerson Seconded by Councillor Pickles That the recommendation contained in the 'In Camera' Council minutes dated July 24, 2006 be adopted. CARRIED c) Correspondence dated July 14, 2006 from William LeMay, Hicks Morley, Barristers & Solicitors to the Chief Administrative Officer with respect to the status of Fire Neqotiations Moved by Councillor Johnson Seconded by Councillor McLean That the recommendation contained in the 'In Camera' Council meeting minutes dated July 24, 2006 be adopted. CARRIED (X) CONFIRMATION BY-LAW By-law Number 6694/06 Councillor Brenner seconded by Councillor McLean moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of July 24th, 2006. CARRIED - 24- Council Meeting Minutes Monday, July 24, 2006 7:30 PM (XI) ADJOURNMENT The meeting adjourned at 10: 11 pm. DATED this 24th day of July, 2006. - 25- \ DEBIA.BENTLEY CITY CLERK