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February 11, 2002
PICKERING AGENDA COMMITTEE OF THE WHOLE A~llle Greentree Supervisor, l,e~,islative Services FEBRUARY 11, 2002 Committee of the Whole Meeting Monday, February 11, 2002 Chair: Councillor Rvan ADOPTION OF MINUTES Meeting of January 14, 2002 DELEGATIONS The Chair shall ask if there are any persons who wish to address an item on the agenda. ~TTERS FOR CONSIDERATION 1. CLERKS REPORT 01-02 PROCESSING DEVELOPMENT APPLICATIONS & PUBLIC NOTIFICATION PAGE 1-14 CLERKS REPORT 03-02 REGULATE SMOKING IN PLiBLIC PLACES AND WORKPLACES 15-26 LEGAL REPORT 05-02 CITY OF PICKERiNG ROAD ALLOWANCES OWNERSHIP 27-30 CLERKS REPORT 04-02 APPOINTMENT OF BY-LAW ENFORCEMENT OFFICERS 31-36 (IV) OTHER BUSINESS CORRESPONDENCE Members of Council may formally table an item of correspondence that has been circulated by the Mayor, CAO. Clerk or other staff person. ADJOURNMENT RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Clerk's Report CL 01-02 regarding Processing Development Applications and Public Notification bc received: and That the Summau' of Recommendations set out in Clerk's Report CL 01-02 respecting improvements to the processing of development applications and public notifications be adopted. REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: January 31, 2002 REPORT NUMBER: CL 01-02 SUBJECT: Processing Development Applications & Public Notification RECOMMENDATION' 1. That Clerk's Report CL 01-02 regarding Processing Development Applications and Public Notification be received. 2. That the Summary of Recommendations set out in Clerk's Report CL 01-02 respecting improvements to the processing of development applications and public notifications be adopted. ORIGIN: Resolution #129/01 passed on October 15, 2001 AUTHORITY: Various sections of the Planning Act and Municipal Act FINANCIAL IMPLICATIONS: Minimal cost increases for postage and other incidental costs related to an improved development application process. EXECUTIVE SUMMARY: As a result of a resolution passed on October 15, 2001, staff of the Planning & Development Department and the Clerk's Division, have been reviewing ways in which the process of development applications is made more understandable to the public and to provide the public with a greater awareness of current development applications. This Report also reviews the findings of the staff and makes recommendation to improve the development application process. Report to Council CL 01-02 Subject: Processing Development Applications & Public Notification Date: Januao' 31. 2001 Page 2 BACKGROUND: Please be advised that Council passed the following resolution at its regular meeting of October 15. 2001: WHEREAS planning reports, by-laws and other agenda items appear with technical descriptions that are often difficult for the public to understand in the summary agendas they receive; and WHEREAS public interest in seeing the distribution radius and circulation for development applications expanded is high; and WHEREAS notice of development applications within study areas are not circulated to residents who have expressed interest in the study area; and WHEREAS achieving the highest degree of public understanding and transparency of our processes is desirable and serves an important public good; NOW THEREFORE the Chief Administrative Officer, with appropriate staff, prepare a report for consideration of Committee of the Whole that would: 1. Seek to create an information line for Council and Committee agenda items that quickly, clearly and simpb' explains what the item is and where it will be going next. 2. Give options with respect to increasing the circulation radius for development applications and other measures that might increase public knowledge of applications. 3. Ensure that any development applications that occur within a study area while the study is underway and for a defined period thereafter are properly circulated to those on the mailing list for the study. 4. Modify our process such that notification of implementing zoning by-laws happens before and after a by-law is to be considered by Council. 5. Recommend any additional measures which would make our process more transparent to the public; and THAT this report come before Committee of the Whole for its first meeting in February, 2002. Please find attached to this Report the comment of the Director. Planning & Development with respect to those areas regarding public notification that are in his area of jurisdiction. Although the above resolution directs staff' to prepare a report on the issue of public notification as it affects development applications, staff looked at tile entire issue of public notification in a global sense. The following is a summary of staff comments and reconm~endations in response to the five points set out in the above resolution. LISTING ITEMS FOR CONSIDERATION IN THE AGENDAS Resolution #129/01 directs staff'to "Seek to create an intbrmation line for Council and Committee agenda items that quickly, clearlv and simply explains what the item is and where it will be going next." 004 Report to Council CL 01-02 S abject: Processing Developmem Applications & Public Notification Date: January 3 I, 2001 Page 3 The following is an example of how items are listed in the Planning Committee Agenda: PLANNING & DEVELOPMENT REPORT PD 37-01 DRAFT PLAN OF SUBDIVISION APPLICATION S-P 2000-04 ZONING BY-LAW AMENDMENT APPLICATION A 02/01 SEAN MICHAEL GREENE PART OF LOT 3, PLAN 282 (ROCKWOOD DRIVE, NORTH OF HOGARTH STREET)_ As can be noted, the above sample emry from a Planning Committee Agenda shows that the item is being generated by the Departmem, Planning & Developmem, it involves a Drait Plan of Subdivision and Zoning Application, the file numbers are noted so that any resident can refer to them if they want to speak to a staff person during business hours, the applicant's name is stated because o~en residents will refer to a development application because they know the applicant and the location of the application is always stated. Items listed in the Agendas of the Finance and Operations Committee and the Committee of the Whole also show what Director or Division Head is originating the Report and the subject of the Report is always stated. An emry will be pm on all the Standing Committee Agendas that indicates that all recommendations approved at the Standing Committee level will be subject to ratification by Council the following week and any person wishing to address an item at the Council Meeting will be required to register as a delegation by noon of the Friday preceding the Council Meeting. With respect to items listed in a Council Agenda, the only problems with respect to clarity that have been identified are Zoning By-laws which are very vague because they do not clearly idemify what the purpose of the by-law is, the name of the applicant or the location of the property in question. Since the passage of Resolution #129/01 on October 15, 2001, the Zoning By-laws have been listed in the Council Agendas as follows: ~v-law Number 5928/01 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 Planning Area, Region of Durham in Part of Lot 122 and 123, Plan 1051. in the City of Pickering. (A 2/94, 18T-93018) PURPOSE: LOCATION: APPLICANT: ZONING BY-LAW NORTH SIDE OF DUNBARTON RD., EAST OF FAIRPORT RD. F. MAIDA FAMILY INVESTMENTS LTD. For residems who are reading the Council Agendas, I believe the above sample clearly identifies that the by-law being considered is a Zoning By-law, it states the general location of the subject property and who is the applicant. INCREASING THE CIRCULATION RADIUS FOR DEVELOPMENT APPLICATIONS AND OTHER MEASURES TO INCREASE PUBLIC KNOWLEDGE OF DEVELOPMENT APPLICATIONS Resolution #129/01 directs staff to "Give options with respect to increasing the circulation radius tbr developmem applications and other measures that might increase public knowledge of applications." Report to Council CL 01-02 Subject: Processing Development Applications & Public Notification Date: January 31, 2001 Page 4 The Planning Act requires that all property owners within a 120 metre radius be notified of the submission of a zoning by-law or Official Plan amendment application and the date and time of the Statutory Public Information Meeting in order to be provided with details of the application. Currently, only persons who attended the Statutory Public Information Meeting and sign the "Sign Up" sheet or those who have expressed an interest in writing in the application are notified of the Planning Committee Meeting where the application will be considered by Council. These same people will be sent the Notice of the Passing ora Zoning By-law in the case ora zoning by- law amendment application. There are instances when the time between the Statutory Public Intbrmation Meeting and the Planning Committee Meeting is so great that the mailing list of interested parties is no longer credible. Stall' recommends that where the time between the Statutory, Public Information Meeting and the Planning Committee Meeting is greater than one year, all property owners within 120 metres of the subject property will again be notified of the Planning Committee Meeting. The letter to all property owners within a 120 metre radius of the subject lands setting out the details of the development application and advising of the date of the Statutory Public Intbrmation Meeting is also sent to all ratepayer organizations and a large number of agencies such as the Ajax-Picketing Board of Trade and Rogers Cable. The applicant is also required to post a sign on the subject property setting out the details of the development application and providing a contact in the Planning & Development Department that a person could call for further information. The Solicitor tbr the City has advised that the Planning Act provides tbr a statutory notification requirement that is not intended to be extended as a municipal Council deems fit. It is the opinion of the Solicitor that a Council cannot require a greater radius. To do so would put Council in a position superior to that of the Provincial legislature and that is not a power any municipal Council can claim. Council should be aware that the imposition of a circulation notice radius greater than the Planning Act provision could be misleading for those who might receive notice beyond the statutory requirement. Such persons might believe that they have a right to all further notice when this is not the case. The Solicitor advises that Council cannot increase the demands on an applicant beyond those requirement set out in the Planning Act. No other municipality within the Region of Durham has increased their notification radius for applications processed under the requirements of the Planning Act. Within the Planning & Development section of the City's Web Site, a memo item could be added entitled "Current Development Applications". Upon double clicking on this menu item, a list of current applications would appear with thc tbllowing intbrmation: CURRENT DEVELOPMENT APPLICATIONS FILE NUMBER(S) OPA 15-002/P and A 99/'02 ADDRESS 123 blain Street EXPLANATION The applicant proposes to develop 20 stacked townhouse and street townhouse dwelling units served by an internal private road on the subject lands. APPLICANT 123456 Ontario Limited DATE OF PUBLIC i January 17, 2002 at 7:00 p.m. in Council Chambers INFORMATION MEETING ~ DAY FOR COMMENT January 24, 2002 I John Doe, Planner 2 at 905-420-4660, ext. 23 CONTACT ~ Report to Council CL 01-02 Subject: Processing Development Applications & Public Notification Date: January 31, 2001 Page 5 NOTE IF YOU WISH TO BE NOTIFIED OF FUTURE MEETINGS RESPECTING ANY OF THE ABOVE DEVELOPMENT APPLICATIONS, PLEASE SEND A LETTER OR E-MAIL TO: Bruce Taylor, AMCT, CMM City Clerk One The Esplanade Picketing, Ontario. L1V 6K7 E~ . ickerin,.on.ca It is important to note that the list of Current Development Applications should only be listed on the Web Site for the duration of the public comment period (30 days) while the application is in its initial stages. To provide this information for a period that is any longer would only mean that the list of Current Development Applications would become long and complicated and would loose its relevance. If any person has an interest in an application, they will noti~ me in writing and this will provide for notices of future meetings respecting the application to be sent to them. APPLICATIONS WITHIN A STUDY AREA Resolution # 129/01 directs staff to "Ensure that any development applications that occur within a study area while the study is underway and for a defined period thereafter are properly circulated to those on the mailing list for the study." Notice of any development application submitted within a formal study area, during the study period, could be circulated to all persons identified on the mailing list associated with the study. Once Council adopts a study, that project should be considered to be complete. Staff' then evaluate any new applications received within the study area based on Council's newly established policy. It is not recommended that special notification practices apply following completion of the study. Also, the previous comments of the City Solicitor with respect to circulations being conducted in strict compliance with the Planning Act would apply once the study has been completed. NOTIFICATION OF IMPLEMENTING ZONING BY-LAW Resolution #129/01 directs staff to "Modify our process such that notification of implementing zoning by-laws happens before and after a by-law is to be considered by Council." An implementing Zoning By-law is merely the legislative instrument that the Province requires to implement a zoning decision made by Council. A Zoning By-law cannot be enacted until at least two public meetings are held; those being the Statutory Public Information Meeting where the details of the zoning application are made public and the Planning Committee Meeting where the Planning staff forward a Report to Council making a recommendation on the disposition of the application. Often, additional public meetings are held with the local residents in an informal atmosphere to discuss the application with the applicant and City staff. Report to Council CL 01-02 Subject: Processing Development Apphcations & Public Notification Date: January 31, 2001 Page 6 0O7 As noted in the memo of the Director. Planning & Development, it is not recommended that notice of Council's intent to consider passage of an implementing by-law be circulated to all property owners in the initial circulation radius because such an action would tend to draw out the public in matters ibc which Council has already made a land use decision and would introduce significant delays to the application review process. By the time an application reaches the stage where Council is considering the Zoning By-law, residents have been given ample opportunity to comment on the application. The Planning Act requires that all Zoning By-laws, once passed, be circulated to persons who have expressed an interest in the application to provide them with an opportunity to appeal the By-law to the Ontario Municipal Board if they so chose. OTHER MEASURES / TRANSPARENCY Resolution #129/01 directs staff' to "Recommend any additional measures which would make our process more transparent to the public." In the attached memo of the Director. Planning & Development. the following measures have been noted that could make the development process more transparent not only to the public, but also to Members of Council and other stall members: The staff of the Planning & Development Department could endeavour to make Reports to Council pertaining to applications and studies available to Members of Council at least a week before the Planning Committee Meeting x~'here they are scheduled to be considered. It is important to note that this max' not occur in every case because of scheduling and process implications. At the commencement of every Statutory Public lntbrmation Meeting, the staff of Planning 8,: Development outline the Planning process and "next steps" of an application. If invited by a Community Association, Planning & Development staff will attend their Association meeting prior to the Statutory Public Inlbrmation Meeting in order that the Association has all relevant intbrnmtion prior to preparing their comment. If requested at Statutory Public Information Meeting. stall' will meet with a resident working group to further discuss the issues of an application. Staff are in the process of preparing citizen guides Ibc use by the public to assist in understanding the various development application processes. Plain language brochures, prepared by the Province, are available tbr viewing at the Planning & Development counter that helps describe various planning processes. Copies of Reports to Council that are included in a Planning Committee agenda will be made available to the public in the Lobby of the Civic Complex on the evening of the Planning Committee Meeting. It should be noted that these same Reports are also available to the public upon request once thc agenda ibc the Planning Committee Meeting has been prepared. Staff have reviewed and revised the various circulation notices to ensure that "plain language" is used to describe a planning proposal or process, the date of the Statutor),' Public Information Meeting is stated in a more prominent location within the notice letter and the name and telephone extension of the Planner dealing with the application is clearly noted. The wording for notification signs required to be posted on properties subject to a development application has been simplified over recent vears. Advertisements are placed in the Community Page advising of all public meetings respecting studies and broad zoning issues. In some very limited instances, notitications of development applications that are located within a study area have been sent to all persons on the mailing list for the study. This occurred in the Liverpool Road South Study and the Notion Road Study. Report to Council CL 01-02 Subject: Processing Development Applications & Public Notification Date: January 31, 2001 Page 7 SUMMARY OF RECOMMENDATIONS The following is a summary of the recommendations contained in this Report that staff believe will lead to a more transparent development process for not only the public but also for Members of Council and staff: An entry will be put on all the Standing Committee Agendas that indicates that all recommendations approved at the Standing Committee level will be subject to ratification by Council the tbllowing week and advising the public on how to register as a delegation to a Council Meeting. Zoning by-laws will be clearly identified in the Council Agenda by stating the purpose of the by-law, the location of the lands affected by the by-law and the applicant's name. Where the time between a Statutory Public Information Meeting and a Planning Committee Meeting is greater than one year, Notices of a Planning Committee Meeting will be sent to all property owners within 120 metres of the subject property. Newly submitted development applications will be listed on the City's Web. Notices of a development application submitted within a formal study area, during the study period, will be circulated to all persons identified on the mailing list associated with the study. Citizen guides will be prepared by staff to assist the public in understanding the various development application processes. Copies of Reports to Council that are included in a Planning Committee Agenda will be made available to the public in the Lobby of the Civic Complex on the evening of the Planning Committee Meeting. Staff are currently investigating the feasibility of providing the agendas for both Council and Standing Committee Meetings on the Monday or Tuesday preceding the meeting. ATTACHMENTS: 1. Memo of Director, Planning & Development dated January 4, 2002 Prepared By: aylor Copy: Director, Planning & Development Recommended for the consideration of Picketing City Council homas'J. Quinm Cl~et-Adn~mstrat~~ January4,2002 ATTACHMENT¢~ / TOREPORT#-'~'~' '~,/- o~ PLANNiNG & DEVELOPMENT DEPARTMENT MEMORANDUM To: ~rolIl: Subject: Bruce Taylor CiD' Clerk Nell Carroll, Director, Planning & Development Council Notice of Motion Measures to blake the Process More Transparent to the Public The fbllowing cormnents are provided for your consideration as input into the joint report to City Council on the above-noted Notice of Motion. The conm~ents are provided in point fbnn under headings reflective of the Notice of Motion. Circulation Radius / Increase Public Kno~vledoe of A lication: · the currently applied 120-metre notification radius is established in the Planning Act for zoning by-law and official plan amendments · any increase in the Planning Act 120 metre notification radius should not be at the discretion of the Planning & Development Department, nor on az~ application specific basis · il' Council wishes to establish a wider circulation notice radius it should be consistent in application - not application specific, and should be adopted as Council policy bf' resolution · prior to receiving comments from the Solicitor tbr the City, Planning and Development stuff were considering recommending that Council consider a 500 metre notification radius in the rural area (exclusive of Hamlets) as the land parcels are typically larger and an increase will provide additional residents / land owners with information pertaining to the application. Further, staff were considering recommending that Council consider a 150 metre notification radius in the urban area and Hamlets, to provide an increased level of notice. However: the City Solicitor has advised that the Plamdng Act provides for a statutory notification requirement that is not intended to be extended as a municipal Council deems fit. It is the opinion of the City Solicitor that a Council cannot require a greater radius. To do so would put Council in a position superior to that of the Provincial legislature and that is not a power any municipal Council can claim Bruce Taylor ATTACH Council Notice of Motion January 4, 2002 Page 2 Council should be aware that to impose a circulation notice radius greater than the Planning Act provision that the result could be misleading for those who might receive notice beyond the statutory requirement. Such persons might believe that they had a right to all further notice and such is not the case the City Solicitor advises that Councils cannot increase the demands on an applicant. a recent telephone survey indicated that no other Municipality within the Region of Durham has increased their notification radius for applications processed under the requirements of the Planning Act Considering the concern of the City Solicitor, it is recommended that Council NOT increase notification radius beyond the 120 metre requirements of the Planning Act. The City still requires the posting of a notice sign on all public street frontages of the subject property. Notice is also sent to all community associations registered with the City Clerk. The sign provides notice to those persons falling outside the written notification area. No matter what radius is selected, there will always be residents that fall just outside the notification area, who may express concern that they were not notified while their neighbour was. · it should be noted that these comments do not apply to Committee of Adjustment applications that are presently circulated to land owners within 60 metres of the application property. Applications to the Committee of Adjustment are intended to deal with matters that are minor in nature. Wider circulation notice is not considered necessary or appropriate. Pickering residents appear to be adequately served by the current Planning Act 60 metre notification requirement · as applications for land severance fall under Regional jurisdiction, the 60 metre notification radius established under the Planning Act will continue to apply (b) Council may wish to consider adding specific information from application circulation notices to the City's Web Site the file number, municipal address, brief explanation of the application / proposal, the applicant's name, date of the Public Information meeting, last date for comment and Planner's name could be provide in a simplified format Bruce Taylor ~*TTACH MEN-' Council Notice of Motion REPORT # ::z ,o/- ,::,-z_ January 4, 2002 Page 3 (cf · the same information provided on the Web Site (see 'b' above) could also be included in the 'connnuniU' page' which appears in the loc~ newspaper · this process could be implemented by the Clerk. using the application information provided by Planning & Development in its initial notification request memo · Planning & Development staff will ensure that notification request memo to the Clerk contains a clear and brief explanation of the application along with all other relevant information, for easy transfer to the Web Site and Community Page · the Clerk xvould arrange for the information to be added to the Web Site and a removal / delete date from the Web Site would be established A~lications within a Studv Area: (a) · notice ol= any development application (other thm~ Committee of Adjustment) submitted within a formal study area. durina the study ~, could be circulated to all persons identified on the mailing list associated with the study · it would not be appropriate to continue mailing notice of development applications to all persons on the study mailing list following completion of the stud>, · once Cit~' Council formally adopts approves a studF'? that project should be considered to be complete. Staff' then evaluate amy new applications received within the study area based on Councii's newly established policy. It is not reco~rnncnded that special notification practises apply tbllowing completion of the study Notification of Ira lementin Zonin Bv-la~v: passage of an 'implementing' by-law is the technical implementation of a previous Council land use decision, that has already been debated with full public input currently, only the applicant is advised (orally) of the date of Council's consideration o£ an implementing zoning bv-iaw currently, notice of.passage of an implementing zoning by-law is circulated to those persons who have specifically requested that the Clerk advise of the passage of the by-law. This notice is essential, as it provides those persons having an expressed interest in the matter with an up-to-date status of the zoning bT-law. and fore,ally provides them with instruction on boxy to appeal the zoning by-law if they are in objection. This system appears to be working well n12 Bruce Taylor Council Notice January 4, 2002 Page 4 · we do not recommend that notice of Council's intent to consider passage of an implementing by-law be circulated to all property owners in the initial circulation radius-such action would tend to draw out the public in matters for which Cotmcil has already made a land use decision, and would introduce significant delays to the application review process · it is recommended however, that implementing zoning by-laws be more clearly identified in the Council agenda summary. This will provide the public with a better understanding of the implementing by-laws being considered at any Council meeting · should any Councillor be concerned about a particular implementing zoning by- law coming before Council, they have the option to request deferral of the by-law (generally, this should not occur as the by-law will be implementing a previous Council resolution on the application). Presently, staff do advise Council on a monthly basis of implementing zoning by-laws that are anticipated to be forwarded for Council's consideration Additional Measures / Transparency: (a) · reports are currently available the Friday prior to the Planning Committee Meeting (at the time of agenda printing) · Council may desire to have the reports pertaining to Planning applications available the Monday prior to Planning Committee (rather than the Friday prior) · this revised time flame would have implications on the length of time to process an application as it would add another week to the §cheduling of the once a month meetings of Planning Committee and less flexibility is available to Staff for scheduling of items to Committee · Council may desire to have reports pertaining to Planning studies available even further ahead of time than the Monday or Friday prior to Planning Committee, perhaps 10 days or two Fridays in advance of the meeting · this will also add additional time onto the process and less scheduling flexibility (b) to assist in making the application process as transparent as possible, Planning&Development staff currently outline the Planning process and "next steps" of an application in the initial circulation notice and at the beginning of every Statutory Public Information Meeting Bruce Taylor ATTACHMENT# / TOREPORT# ~'z ~,,- ~'~ Council Notice of Motion JanuaO' 4, 2002 Page 5 if invited by a Community Association, Planning & Development staff will attend their association meeting prior to the Statutor>.' Public ImCormation Meeting in order that the Association has all relevant information prior to preparing their comment. Further, if requested at the Public Information Meeting, Staff will meet with a resident workin~ group to further discuss the issues in a follow-up meeting Staff will be developing citizen guides for use by the public to assist in understanding the various application processes plain language brochures, prepared by the Province, are available for viewing at the Planning & Development counter that helps describe various plarming processes it may assist to have copies of Planning & Development Reports available to the public at the Planning Committee meeting (similar to the process currently in place for Statutory PuNic Information Meetings ,~vhere copies of reports are available at the security guard desk the evmfing of the meeting) Other Comments: (a) (b) · Staff have recently revised the circulation notice to: o advise residents to contact the Plmming & Development Department and Planner directly, rather than the CiD: Clerk as previously done o reflect the municipal address of the subject property in the reference line o move the date of the Information Meeting to a more prominent, "up-front"' location within the notice letter · Staff' are attempting to use "plain language" wherever possible to describe a planning proposal or process · although circulation notices have recently evolved to address the above changes, Staff intend to make further revisions to simplify and ensure the notice is user friendly, while still providing all information required by the Plmming Act · the wording for notification signs required to be posted on properties subject to a development application has been simplified over recent years · any Planning studies currently undertaken by the Plarming & Development Department include advertisements in the local paper for all public meetings related to the Statutory Meeting, and Conmdttee / Council meetings · newspaper advertisemeuts are also used to advise of broader rezoning issues. when necessmT' ! Bruce Taylor ATTACHMEF!'i` ;;__/__ TO Rr. POR~' T #.:__~_", ~ t- o -~- Council Notice of Motion January 4, 2002 Page 6 (c) recent notification of applications within a study area has been sent to all persons on the mailing list for the study (i.e.: Liverpool South Study) · the size of the mailing list is not reflective of resident involvement (i.e. Notion Road Study mailing was significant, while public interest was very limited) · Community Associations / Groups are generally very effective in disseminating information · any increase in notification circulation radius for development applications will increase the City's mailing costs. It will be difficult to recover increased mailing costs through application fee increases, if notification radius exceeds those set out in the Planning Act · maintenance of large mailing lists for planning studies incurs significant costs in staff time to ensure lists are current, up-to-date,' and non-duplicative (this often involves manual labour-intensive work). Higher levels of service bring associated cost increases LDT/NC/kb RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That the letter dated Januarx _~.'~" .~'00'~. I'rOlll tile Clerk of the Regional Municipality of Durham regarding a resolution passed by the Council of the Region regarding the regulation of smoking in public places and workplaces be received. That tile Council of tile Regional Nlunicipality of Durham be advised that the Council of the City of Picketing approves of the Regional Council passing a Region-wide by-law regulating the smoking of tobacco in public places and xvorkplaces. REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: February 4, 2002 REPORT NUMBER: CL 03-02 SUBJECT: Regulate Smoking in Public Places and Workplaces RECOMMENDATION: That the letter dated January 23, 2002 from the Clerk of the Regional Municipality of Durham regarding a resolution passed by the Council of the Region regarding the regulation of smoking in public places and workplaces be received. That the Council of the Regional Municipality of Durham be advised that the Council of the City of Pickering approves of the Regional Council passing a Region-wide by-law regulating the smoking of tobacco in public places and workplaces. ORIGIN: Letter from the Region of Durham dated January 23, 2002 AUTHORITY: Section 213 of the Municipal Act FINANCIAL IMPLICATIONS: Not applicable EXECUTIVE SUMMARY: The Regional Council is asking all area municipalities if they approve of the Regional Council passing a Region-wide by-law regulating the smoking of tobacco in public places and workplaces. This request is in response to a resolution passed by Pickering Council on June 25, 2001 asking the Region to enact a Region-wide by-law to regulate the smoking of tobacco in public places and workplaces. BACKGROUND: Please find attached to this Report a copy of a letter from the Clerk of the Regional Municipality of Durham advising of a resolution passed by the Regional Council requesting the area municipalities to advise the Regional Council if they approve of the Regional Council passing a Region-wide by-law regulating the smoking of tobacco in public places and workshops. Report to Council CL 03-02 Subject: Regulate Smoking in Public Places and Workplaces Date: February 4. 2002 Page 2 Also attached to this letter is a copy of a Report to the Regional Council by the Commissioner and Medical Officer of Health respecting the issue of smoking in public places and workplaces. The resolution that was passed by the Regional Council is hi response to the resolution passed by Pickering Council on June 25. 2001, which reads as lbllov~'s: That Clerk's Report CL 25-01 regarding the regulation of smoking in public places and workplaces be received; and That pursuant to Section 213(14) of the Municipal Act, the Council of the Regional MunicipaliD' of Durham be requested to undertake the enactment of a by-law to regulate smoking in public places and workplaces subject to the approval of the area municipalities. As noted in the resolution passed bx' the Regional Council. if a majority of the area municipalities approve of the Region passing a by-law, then public consultations will be held to receive input from residents and atlbcted businesses across the Region. These public consultations will be lead by the Health and Social Services Conmfittee. ATTACHMENTS: 1. Letter from Regional Clerk dated January 23. 2002 Prepared By: Bruce Taylor Attachments Recommended for the consideration of Pickering City Council /-. ,. nl ATTACHMENT # / Januaw 23,2002 CiTY OF PICKER~NG CLERK'S DIVISION This letter has been forwarded to the Area Clerks and MPP's The Regional Municipality of Durham Clerk's Department 605 ROSSLAND ROAD E RO. BOX 623 WHtTBY. ON L1N 6A3 (905) 668-771 t Fax: (905t 668-9963 v,/ww clerks~region durham.ol~.ca Pat M, Madill, A.M.C.T., CMM I Regional Clerk "SER 17CE EXCELLENCE for our COM3,I[ '3:1TY" Mr. B. Taylor Clerk City of Pickering 1 The Esplanade Pickering, Ontario LIV 6K7 (CC #2001-255)from the Council of the City.of Pickering (2001-MOH-22) -Our File: C03-00 X P10-00 Mr. Taylor, the Health and Social Services Committee of Regional Council considered the above matter and at a meeting held on January 23, 2002, C6uncil adoPted the following recommendations of the Committee: "a) THAT Council Correspondence #2001-255, be received for information; b) THAT the Councils of the area municipalities be requested to advise the Regional Council, preferably on or before February 28, 2002, if they approve of the Regional Council passing a Region-wide by-law regulating the smoking of tobacco in public places and workplaces; c) THAT if a majority of area municipal Councils approve of the Rec Council passing such a by-law: i) Regional Council proceeds with a public consultation regardin(. the enactment of a Regional smoking by-law, and ii) the Health & Social Services Committee be authorized to lead these consultations; iii) the Federal M.P's and Provincial M.P.P's be requested to attend all consultations in their respective ridings; and d) THAT a copy of Report #2001-MOH-22 of the Commissioner & Medical Officer of Health, be forwarded to all Durham Region's area municipal Councils and MPP's for advice and information, respectively." /2.. ATTACHMENT ~.___~__' TO REPORT #" - ,-~ - -2- In particular, I draw your attention to part b) of the resolution and kindly ask that you place this matter before your Council for consideration. Enclosed, for your information is a copy of Report #2001-MOH-22 of Dr. R.J. Kyle, Commissioner & Medical Officer of Health. P.M. Madill, A.M.C.T., CMMI Regional Clerk PMM/cs Encl. C: Mr. Jerry Ouetlette, M.P.P. (Oshawa Mr. John O'Toote, M.P.P. (Durham) The Honourable Jim Flaherty, M.P.P (Whitby/Ajax) The Honourable Janet Ecker, M.P.P. (Pickering/Ajax/Uxbridge) The Honourable Chris Hodgson, M.P.P. (Haliburton/Victoria/Brock) Dr. R.J. Kyle, Commissioner & Medical Officer of Health 0~0 ATTACHMENT~ / TO REPORT #., ~'~ ~T--~> The Regional Municipality of Durham Report To: The Chair and Members Health & Social Services Committee From: Commissioner & Medical Officer of Health Report No.: 2001-MOH-22 Date: November 1, 2001 SUBJECT: Council Correspondence Item No. 255 from the Council of the City of Pickering RECOMMENDATION: THAT the Health & Social Services Committee recommends to the Regional Council that: a) Council correspondence item no. 255 (CC #255) is received for information; b) The Councils of the other area municipalities are requested .to advise the Regional Council, preferably on or before January 31, 2002, if they approve of the Regional Council passing a Region-wide by-law regulating the smoking of tobacco in public places and workplaces; c) If a majority of area municipal Councils approve of the Regional Council passing such a by-law: Regional Council proceeds with a public consultation regarding the enactment of a Regional smoking by-law, and The Health & Social Services Committee is authorized to lead these consultations; and d) This report is forwarded to all Durham Region's area municipal Councils and M.P.P.s for advice and information, respectively. BACKGROUND: On July 4, 2001, CC #255 from the Council of the City of Pickering (Appendix A) was referred to the Health & Social Services Committee. In it, City Council requests, subject to the approval of a majority of the area municipal Councils, that Regional Council passes a Region-wide by-law that regulates smoking in public places and workplaces as has occurred in most other GTA municipalities. City Council believes that such action would establish a 'level playing field' across the Region with respect to the regulation of smoking. In addition, such action is authorized by Section 213(14) of the Municipal Act. 42 ...2 R__~port #2001-MOH-22 cont~.T~AC' ''-' : q-C' REPORT#__~/__~,? ~-~ REPORT: The City Clerk's Report CL 25-01 that is embodied in CC #255 was prepaied in response to correspondence that was forwarded to all area municipal clerks on May 31, 2001, World No-tobacco Day, by the Committee Chair L. O'Connor, and co-signed by the Commissioner & Medical Officer of Health (Appendix B). This correspondence urges all area municipal Councils to ban smoking in their respective restaurants and to otherwise update their smoking by-laws. It was prepared in follow-up to Whitby grade 6 student Katherine Hastings' presentation of her petition regarding the banning of smoking in restaurants to the Health & Social Services Committee on May 10, 2001. Her petition was attached to Chair O'Connor's correspondence as was the Ontario Tobacco Research Unit's Protection from Second-hand Tobacco Smoke in Ontario, a review of the health effects and the evidence regarding best practices (Appendix C). Regional Council last reviewed this matter in June 2000. At that time, the Committee recommended that no action be taken with respect to either renewing the Regional Model By-law or to advocate for strengthened local smoking by-laws. Instead, since then, Regional Council and Health staff focussed their advocacy efforts on urging the Ontario Government to renew both the Tobacco Control Act (TCA) and the Smoking in the Workplace Act (SWA). (Council and staff have also been very active at the federal level in advocating for stronger health warnings on cigarette packages and for the passage of Bill S-15, the Tobacco Youth Prevention Act.) Unfortunately, to date, the Ontario Government has taken no positive legislative action with respect to both the TCA and the SWA. SUMMARY: The important and serious health effects of second-hand smoke are well documented and the list of adverse consequences continues to grow. Accordingly, Ontario boards of health, including the Regional Corporation, are mandated to provide, and the Region's Health staff is very active in delivering a wide variety of tobacco use prevention, cessation and protection programs and services. This includes the local administration and enforcement of the Tobacco Control Act. The Regional Council and staff are also strong advocates for comprehensive and effective tobacco use related laws and policies at the federal, provincial and municipal levels. As regards local smoking by-laws, as was reported in Report # 2000-MOH-17, "although clear progress has been made in several municipalities in enacting local smoking by-laws in conformity to the 1992 Regional Model By-law, wide municipal variations currently exist across several public places. Significantly more progress is required to achieve greater uniformity and conformity." (Appendix D) It is in light of the foregoing, therefore, that the Council of the City of Picketing has requested that the Regional Council pass a by-law regulating smoking in public places and workplaces subject to the approval of a majority of the area municipal Councils. Regional Council is authorized to ...3 43 f)Oo._ ,. Report#2001-MOH-22 contd.~''TTACHMENT~, / TOREPORT#zT~ ~'~- ~;_ take such action pursuant to Section 213(14) of the Municipal Act, which was enacted through the passage of the Tobacco Control Act. Such action, if approved and undertaken by the Regional Council would further protect the health of Durham residents by complementing the Regional Corporation's other tobacco control mandate and activities; it would also be consistent with similar action that has been taken by other GTA and Regional municipalities. In fact, it should be noted that more than half of all Ontarians live in municipalities where comprehensive smoking by-laws are in place. Moreover, many more municipalities are considering such by-laws. RECOMMENDATION It is recommended that Regional Council, subject to the approval of a majority of the area municipal Councils, proceeds with a public consultz~tion regarding the enactment of a Region-wide smoking by-law. Re~~ submitted, R.J. Hyle~/MD, MHSc, CCFP, FRCPC Commissioner & Medical Officer of Health 44 ?ICKERIN A TT,~C H ~i ~ N' :-- APPENDIX A / TO REPORT~ :,_._:(__/~C,- ~% Picketing Citic Cot: One The Espla 3 Pickering, ©~ LI\ Direct Access (905) 42C~ ADMINISTRATION DEPARTMENT Clerk's Division Division (905) 4204611 Facsimile (905) 420-9685 clerk..s<~ city. pickenng on.ca Ms. P.M. Madilh Clerk, The Region of Durham, 605 Rossland Rd. E., Box 623, Whitby, Ontario L1N 6A3 June 28,200t Originah -, - ' Please be advised that the following resolution was passed by the Council of the Corporation of the City of Picketing at its meeting held on June 25, 2001' 1. That Clerk's Report CL 25-01 regarding the regulation of smoking in public places and workplaces be received; and That pursuant to Section 213(14) of the Municipal Act, the Council of the Regional Municipality of Durham be requested to undertake the enactment of a by-law to regulate smoking in public places and workplaces subject to the approval of the area municipalities. Please find enclosed a copy of Clerk's Report CL 25-01, which was considered by Council on June 25th, 2001. If you have any questions with respect to this matter, please do not hesitate to contact Clerk's Division at 420-4611. /dk Yours ','eD' truly, Bruce Taylor, CiU Clerk Encl. 45 ~ ,~.~,,-'S!,i' ~ / '1'0 REPORT# ~z o? - REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMiM City Clerk DATE: June 18, 2001 REPORT NUM]3ER: CL 25-01 SUBJECT: Regulation of Smoking in Public Places and Workplaces RECOMMENDATION: That Clerk's Report CL 25-01 regarding the regulation of smoking in public places and workplaces be received; and That pursuant to Section 213(14) of the Municipal Act, the Council of the Regional Municipality of Durham be requested to undertake the enactment of a by-law to regulate smoking in public places and workplaces subject to the approval of the area municipalities. ORIGIN: Request made by Council under Other Business on June 4, 200t to determine if the Region of Durham can pass by-laws to regulate smoking. AUTHORITY: Section 213 of the Municipal Act FINANCIAL IMPLICATIONS: Not applicable EXECUTIVE SUMMARY: The purpose of this Report is to advise Council on the legislative authority in the Municipal Act that allows both local and regional municipalities to pass by-laws to regulate smoking and to seek direction on how Council wishes to proceed with the regulation of smoking. BACKGROUND: Attached to this Report is a letter co-signed by the Chair of the Regional Health and Social Services and the Medical Officer of Health requesting Council to address the issue of smoking in public places and the workplace. 46 ATTACHMENT The Cities of'Toronto, Mississauga, Brampton and the Regional Municipality of York passed by- laws to strictly restrict smoking in public places, such as restaurants, food courts and bowling alleys and workplaces effective June 1, 2001 and to strictly regulate smoking in bars, bingo halls and billiard halls effective June 1,200~.. The authority for local murucipalities to pass by-iaws to re~late smoking comes from Section 213(2,) of the Municipal Act which states: The Council of a local municipality may' pass a by-law regulating the smoking of tobacco in public places and workplaces within the municipality and designating public places or workplaces or classes or parts of such places as places in which smoking tobacco or holding lighted tobacco is prohibited. However, the Act also allows the Region to pass by-laws to regulate smoking uniformly across the Region if a majority of the area municipalities approve of the Region exercising such power Section 231 (14) of the Municipal Act states: A county, district, regional or metropolitan municipality....may exercise the powers under tiffs section if a majority, of the councils of the area or local municipalities within those municipalities approve the exercise of such powers. It is important to note that aithoug~n a majority oF area Councils must approve of the Region passing a uniform smoking by-law, the Region is under no obligation to do so. A~'airk i would point out that a uniform smoking by-law was passed in the Reeiona/ Mumcipality o7 York but in Peel, the smoking by-laws were passed by the area municipalities With respect to enforcement, the Regional Municipality of York and the Cities of Mississauga and Brampton have designated the Murdcipal Law Enforcement Officers and the Public Health Inspectors as being responsible for enforcement. Attached to this Report is a chart which compares smoking regulations in Picketing and other GTA municipalities. As can be seen from th~s chart, the City o£Toronto, the Region of York and the municipalities in the Re, on of Peel have by-laws that provide for un/form regulations for smoking in restaurants, bars and workplaces that provides a level playing field for-competition while at the same time protecting the health of' the residents Municipalities in the Region of Durham have very different regulations which could lead to u~air competition As noted in the letter from the Chair of the Regional Health & Social Services Committee, there is no question that smoking is a serious health hazard and exposure to second-hand smoke should be eliminated where possible. I would strongly recommend that Picketing Council urge the Council of the Regional Municipality, of Durham to undertake the passage of a uniform smoking by-law that would apply throughout the Region on the understanding that the major/ty of the area municipalities in Durham must approve of the Region passing such a by-law. If the Re, on is not wi/ling to pass such a by-law or ifa majority' of Durham mumcipalities do not approve of' the Region passing such a by-l~w, then Picketing Council should take initiative and enact a by-law that would regulate smoking in a very similar manner as is being done in the other GTA municipalities. I have attached for Council's information a copy of the smoking by-law passed by the Regional Murucipality of York. The by-laws passed by the Cities of Toronto, Mississauga and Brampton are almost identical with respect to the operative clauses of'the by-law 47 '~TTACHMEIx!¥ ~ _._~/_ iT_C) REPORT~,~? ~ ? - ATTACHMENT S: Letter dated May 31, 2001 from Chair of Regional Health & Social Services Committee Comparison of Smoking Regulations in various GTA municipalities By-law of Regional Municipality of York to regulate smoking d/ l~ruce Taylor Attachments Recommended for the consideration of Pickering City Council ,~'--7_.,,'"_'......-~1 ,.F--.- ,_., .., .., ~' .4 la tl~r~as]f Quinn~;b-iefVAdmims---~ve OfficEr 48 027 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECOMDED BY That Legal Report L 05-02. concerning City oi' Picketing Road Alloxvances Ownership, be received; and That a by-law be enacted to authorize the acquisition or disposition of certain road alloxvances within the City of Picketing in order to accurately reflect ownership at the Land Regist~ Office. PICKERING REPORT TO COUNCIL FROM: John Reble Solicitor for the City DATE: January 23, 2002 REPORT NUMBER: L05-02 SUBJECT: City of Pickering Road Allowances Ownership - File: W2300 and RE0000 RECOMMENDATION: A by-law be enacted to authorize the acquisition or disposition of certain road allowances within the City of Picketing in order to accurately reflect ownership at the Land Registry Office. ORIGIN: The Province of Ontario Land Registration Information System "POLARIS". AUTHORITY: Municipal Act, R.S.O. FINANCIAL IMPLICATIONS: N/A EXECUTIVE SUMMARY: When Teranet Land Information Services Inc. ("Terent Inc.") automated land registrations within the Region they had difficulties determining the ownership of certain road allowances and consequently have abstracted the ownership of various road allowances incorrectly. To correct the title to these road allowances, Council authorization is required. BACKGROUND: Teranet Land Information Services Inc. ("Terent Inc.") has been automating and enhancing the Province of Ontario's Land Registration System since 1991. During this automation period, Terent has experienced difficulty in determining the ownership of certain road allowances within the Region. The City of Pickering has been affected by this as well, with some City road allowances appearing in the Region's ownership or conversely, certain roads in the Regional road system appear in Pickering's ownership. In order to correct these errors on title, it is necessary for the City to transfer to the Region (or in some instances Ajax, as we share boundary roads with Ajax that may be incorrectly abstracted at the Registry Office) the portions of road allowances that actually form part of their road systems and accept conveyances of the road allowances that form part of the City's road system. If should be noted that these errors on title will only be rectified when they are brought to our r~ffention by the Region, Ajax or through our own searching of title. To undertake a search of all road allowances within Picketing at one time to ensure proper title has been abstracted, would he a very costly and timely process. Report to Council L05-02 Subject: City of Pickering Road Allowances Ownership January 23, 2002 Page 2 Enactment of the attached bx'-law will authorize the acquisition or disposition of certain road allowances to accurately reflect proper ownership at the Land Registry Office. ATTACHMENTS: 1. Draft bv-law. Prepared By: Approved Attachments Copy: Chief Administrative Officer Recommended ibc the consideration of Pickering City Council Thorlms'J. ~.__.__ n3o :~TTACHHENT~ I TOi~,EPOP, T# THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the acquisition or disposition of certain road allowances to correct Registry Office records. WHEREAS the Municipal Act, R.S.O. 1990 provides for the acquisition and disposition of certain lands by a municipality; and WHEREAS the ownership of certain road allowances within the City of Pickering are not properly reflected on title at the Land Registry Office; AND WHEREAS, it is anticipated that acquisitions or dispositions of lands may be required to correct the records at the Land Registry Office. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKER1NG HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute all Transfers/Deeds of Land, for nominal consideration and in a form satisfactory to the Solicitor for the City, effecting amendments to Land Registry Office records to reflect the proper ownership of certain road allowances within the City of Pickering. The Mayor and Clerk are hereby authorized to accept conveyances, for nominal consideration and in a form satisfactory to the Solicitor for the City, effecting amendments to Land Registry Office records to reflect the proper ownership of road allowances within the City of Pickering. BY-LAW read a first, second and third time and finally passed this 18th day of February, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk W2300/RE0000 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECOMDED BY That Clerks Report CL 04-02. concerning Appointment oi' By-law Enforcement Officers, be received: and That thc draft bv-laxv to appoint persons to enforce tt~c Parking Bv-laxv at 1(550 Kingston Road. bc forxvarded to Council for approval. t'1.':!2 PICKERING REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: February 6, 2002 REPORT NUMBER: CL 04/02 SUBJECT: Appointment to enforce the Parking By-law at 1650 Kingston Road, in Pickering RECOMMENDATION: That the draft by-law to appoint persons to enforce the Parking By-law at 1650 Kingston Road, be forwarded to Council for approval. ORIGIN: Letter from The Anvil Group Inc., dated January 31, 2002. AUTHORITY: Section 15(I) of the Police Services Act. R.S.O. 1990, c.P.15 FINANCIAL IMPLICATIONS: Notae EXECUTIVE SUMMARY: N/A BACKGROUND: Correspondence has been received from The Anvil Group Inc. requesting the appointment of thirty persons as By-law Enforcement Officer for the purpose of enforcing the Parking By-law at 1650 Kingston Road. Correspondence has also been received from Authorized Parking Only Ltd. requesting the removal of Muhammed Khwaja as Enforcement Officer. ATTACHMENTS: Correspondence from The Anvil Group Inc. and Authorized Parking Only Ltd. Draft By-law. Report to Council CL 04/02 Subject: Appointment of By-law Enfo:-cement Officers Dated: February 6, 2002 Page 2 Prepared By: A. pproved Endorsed By: Debbie Kearns BT:dk Attachments Copy: Chief Administrative Officer Bruce Taylor Rccommended for the consideration of Picketing _~OllffdS J. Quin~ ChmI .[dnumst~ THE ANVIL REPORT, GROUP INC. January 31,2002 Ms. Deborah Kearns, Coordinator Of Council Services THE CORPORATION OF THE CITY OF PICKERING Councillor's Office One The Esplanade Pickering, Ontario L1V 6K7 Dear Ms. Kearns: Re: BY-LAW ENFORCEMENT FOR KNOB HILL FARMS - 1650 KINGSTON ROAD PICKERING Our company acts as corporate security for Knob Hill Farms Ltd. And is responsible for providing security services for the above location. As we do not have any licensed personnel for by-law enforcement in the Pickering area, we wish to utilize Group 4 Securitas. Please allow Group 4 Securitas Limited, 199 Wentworth St. E Oshawa, to enforce the Town Of Pickering's by-laws for parking on the private property located above. We have been experiencing problems with large trucks and private vehicles utilizing the premises without our permission. We will be happy to address any concerns council may have about proper signage and will make the necessary changes if advised to do so. Sincerely, THE ANVIL GROUP INC. Mike Soberal Manager, Client Services & Sales 416-487-0005 ext. 7209 416-801-2348 Cell 416-487-6264 Fax msoberal~.com 477 MT. PLEASANT ROAD, SUITE 400 ,* TORONTO, ONTARIO · M4S 2L9 PHONE: 416-487-0005 · FAX: 416-487-6264 NORTH AMERICA SOUTH AMERICA ASIA RUSSIA (CIS) AFRICA EUROPE -~TTI~,H~Er~T#.___~., TO REPORT Authorized Parking 173 Advance Blvd., Unit #45, Brampton, Ontario L6T 4Z7 Phone: (416) 231 - TAGS January 29, 2002 (7it>, of Pickering Attention: Debbie One The Esplanade Picketing, Ontario L1V 6K7 RECEIVED CITY OF PICKER~NG CLERK'S DIVISION Dear Debbie. Please be advised that Muhammed Khwaja is no longer emploTed by Authorized Parking Onh' Ltd. Please have their names removed fi'om our list of approved properties: 905 Bayly Street 1915 Denmar Road 1310 Fieldlight Bh'd. 1345 Altona Road If you have an)' questions, please do not hesitate to contact Ruth ~lfaylcJr Office~N71afna~er THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation 1650 Kingston Road) WHEREAS pursuant to section 15(1) 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 Sz~vmanski Jay Johnston 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 Stafford Ed Francis Teresa Canonico .left Cleeves Yvonne Fox Kathy Edwards Kevin Linthorne 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 1 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