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Home My WebLink AboutOctober 17, 2005 CiÚf o~ AGENDA COUNCIL Monday, October 17,2005 7:30 pm Council Meeting Agenda Monday, October 17, 2005 7:30 pm I) INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. DISCLOSURE OF INTEREST II) III) ADOPTION OF MINUTES PAGE Regular Council Meeting of October 3,2005 "Closed" Council Meeting of October 3, 2005 1-13 Under Separate Cover IV) PRESENTATIONS 1. Presentation of the Youth Friendly Community Award Presenter: Youth Council President, Graeme Barlow and P.A.C. 4 Teenz 2. Presentation of Proclamation and Update "Waste Reduction Week" Presenter: Chantal Whittaker, Coordinator, Environmental Awareness Proaram 3. Presentation of 'Eyes on the Street' Program Presenter: Chantal Whittaker, Coordinator, Environmental Awareness Proarams 4. Presentation by Pickering Library Board Update on Library Initiatives and Services, Future Directions Presenter: Hans Vanleeuwen, Board Chair V) DELEGA TIONS There are no delegations listed to be heard. - 1 - Council Meeting Agenda Monday, October 17, 2005 7:30 pm VI) 1. REPORTS Executive Committee Report EC 2005-12 Director, Corporate Services & Treasurer, Report CS 56-05 Request for Expansion of Permitted Area for Body Rub Parlours ~ Spa, 1600 Alliance Road. Pickerina 2. Council direction required. 3. Director, Corporate Services & Treasurer, Report CS 70-05 Outstandina Recovery of Water Bomber Costs Director, Corporate Services & Treasurer, Report **-05 Request to Medical Officer of Health for Permission to Allow City of Pickering Municipal Law Enforcement Officers to Enforce the Regional No Smoking .!2Y:!aw with in the Taxicab Industry 4. 5. Report from the East Shore Community Centre Buildina Committee 6. Proclamation: "Waste Reduction Week" VII) BY -LAWS By-law 6587/05 Being a by-law to amend Restricted Area Zoning By-law 3036, as amended, by By-law 5438/99, to implement the Official Plan of the City of Pickering, Region of Durham, North Part of Lot 29, Range 3, B.F.C. (40R- 23222, Parts 1 & 2), to permit a variety of office and commercial uses. (Refer to Report PD 37-05) - 2- PAGE 14-27 28-43 44-48 49-51 52-53 54-55 56-59 Council Meeting Agenda Monday, October 17, 2005 7:30 pm Bv-Iaw 6588/05 60 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1100 Begley Street, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road North). (Refer to Report CS 76-05) VIII) NOTICES OF MOTION 61-62 Councillors Brenner and McLean gave notice that they will introduce the following motion at the next or subsequent meeting of Council: 1. Buildina Code Statute Law Amendment Act. 2002 WHEREAS outstanding elements of Bill 124 relating to building code knowledge and insurance requirements come into effect January 1, 2006; WHEREAS the Ontario Association of Architects and the Professional Engineers of Ontario have initiated a letter-writing campaign in an attempt to exempt their professions from the requirements of Bill 24; WHEREAS this could result in a greater incidence of errors in building permit submissions and increased municipal liability since the submissions of architects and engineers would not need to be insured; WHEREAS, be it hereby acknowledged that the City of Pickering strongly objects to the request of architects and engineers for exemption from Bill 124; THEREFORE, the City of Pickering hereby requests that the Building Advisory Council (BAC) be set up in January 2006 to address the following issues regarding liability recommended by the Building Regulatory Reform Advisor Group (BRRAG) but omitted in Bill 24, . Improved Code knowledge for builders/contractors, . Provisions for builder liability insurance for non-residential builders, . Longer liability insurance periods for designers; and NOW THEREFORE, be it hereby acknowledged that the City of Pickering requests that the Building Advisory Council (BAC) review the other recommendations of BRRAG that - 3- Council Meeting Agenda Monday, October 17, 2005 7:30 pm were omitted in Bill 124, which will create a more equitable building regulatory system in Ontario; AND FURTHER that support from the following be hereby requested: . Mark Holland, MP . Dan McTeague, MP . Wayne Arthurs, MPP . Minister Gerretsen . Attorney General. OTHER BUSINESS IX) X) CONFIRMATION BY-LAW XI) ADJOURNMENT FOR INFORMA TION ONL Y . Minutes of the Taxicab Advisory Committee Meeting held on July 27, August 10, September 21, October 5,2005 63-72 . Minutes of the Waterfront Coordinating Committee Meeting held on September 22,2005 73-76 . Minutes of the Pickering Advisory Committee on Race Relations & Equity held on October 6, 2005 77 -79 - 4- Council Meeting Minutes Monday, October 3,2005 7:55 pm PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn N. Carroll G. Paterson S. Reynolds D. Bentley D. Shields - Chief Administrative Officer - Director, Planning & Development - Director, Corporate Services & Treasurer - Acting Director, Operations & Emergency Services - City Clerk - Deputy Clerk (I) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation (II) ADOPTION OF MINUTES Moved by Councillor Pickles Seconded by Councillor Johnson Regular Council Meeting of September 19,2005 Special Council Meeting of September 19, 2005 CARRIED Council Meeting Minutes Monday, October 3, 2005 7:55 pm (III) REPORTS 1. Executive Committee Report EC 2005-12 (2) Director, Planning & Development, Report PD 40-05 Disposal of Lands Blocks 31, 32 and 33, Plan 40M-1538, Pickering Acorn Lane. Claremont COUNCIL DECISION A by-law be enacted to: (a) declare Blocks 31, 32 and 33, Plan 40M-1538 surplus to the needs of the Corporation for the purpose of sale by the Corporation; and (b) authorize the Mayor, City Clerk, Director, Planning & Development and the City Solicitor to obtain all relevant documentation and execute all documentation required to effect the sale of Blocks 31, 32 and 33, Plan 40M-1538 to the adjacent owners for nominal consideration, subject to any required easements. (3) Director, Operations & Emergency Services, Report OES 32-05 Request for funding support from Toronto and Region Conservation "Fish Habitat Restoration Project" in Claremont Conservation area COUNCIL DECISION 1. That Council receive Report OES 32-05 of the Director, Operations & Emergency Services, regarding a funding request from TRCA; and 2. That Council approve the request for funding assistance; and 3. That the amount of $10,000 be charged to Account #2195-2712 as a Joint Funded Environmental Project. Council Meeting Minutes Monday, October 3, 2005 7:55 pm (5) Director, Corporate Services & Treasurer, Report CS 62-05 Formal Quotations - Quarterlv Report for Information COUNCIL DECISION That Report CS 62-05 of the Director, Corporate Services & Treasurer, concerning Formal Quotations - Quarterly Report for Information, be received and forwarded to Council for information. (6) Director, Corporate Services & Treasurer, Report CS 64-05 Cash Position Report as at June 30. 2005 COUNCIL DECISION That Report CS 64-05 of the Director, Corporate Services & Treasurer, concerning the Cash Position Report as at June 30, 2005, be received for information. (7) Director, Corporate Services & Treasurer, Report CS 67-05 Appointment to enforce the Parking By-law at 1890 Valley Farm Road, 1355 Kingston Road, 1822 Whites Road, 1100 Begley Street, 1865 Kingston Road, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road North COUNCIL DECISION 1. That Report CS 67-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property, be received; and 2. That the draft by-law to appoint persons to enforce the Parking By- law at 1890 Valley Farm Road, 1355 Kingston Road, 1822 Whites Road, 1100 Begley Street, 1865 Kingston Road, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road North, be forwarded to Council for approval; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Council Meeting Minutes Monday, October 3, 2005 7:55 pm (8) Director, Corporate Services & Treasurer, Report CS 69-05 Application for Minor Variance to Sign By-law 2439/87, as amended Shell Canada Products Limited 935 Liverpool Road. Pickerina COUNCIL DECISION That the application for minor variance to Sign By-law 2439/87, as outlined in Report CS 69-05 of the City Clerk, submitted by Walker, Nott, Dragicevic Assocaites Limited on behalf of Shell Canada Products Limited, for property municipally known as 935 Liverpool Road, Pickering, BE APPROVED. (10) Director, Corporate Services & Treasurer, Report CS 73-05 Establishment of Baylawn-Primrose Neighbourhood Watch and Talltrees Neiahbourhood Watch COUNCIL DECISION 1. That the letters from the Durham Regional Police Service dated July 25, 2005 endorsing the establishment of the Baylawn-Primrose Neighbourhood Watch and Talltrees Neighbourhood Watch, be received; and 2. That the Council of The Corporation of the City of Pickering hereby endorses the Baylawn-Primrose Neighbourhood Watch and Talltrees Neighbourhood Watch and approves the installation of Neighbourhood Watch signs at the entrances to the subject areas. Resolution #168/05 Moved by Councillor Ashe Seconded by Councillor Johnson That the Report of the Executive Committee EC 2005-12, dated September 26, 2005, be adopted, save and except Items 1,4 and 9. CARRIED Council Meeting Minutes Monday, October 3,2005 7:55 pm (1) Director, Planning & Development, Report PD 36-05 Draft Plan of Subdivision Application SP-2002-06 Zoning By-law Amendment Application A 27/02 Silver Lane Estates Inc. on behalf of E. Williamson Part of Lot 32. Concession 1. City of Pickerina Resolution # 169/05 Moved by Councillor Ashe Seconded by Councillor Johnson 1. That Draft Plan of Subdivision Application S-P-2002-06 submitted by Silver Lane Estates Inc. on behalf of E. Williamson, on lands being Part of Lot 32, Concession 1, City of Pickering, to permit the development of a plan of subdivision, be APPROVED, subject to the conditions outlined in Appendix I to Report PD 36-05, as amended to reflect the revision of Condition 2.3.12 by adding to the end of the sentence "and the architectural design statement require that every effort be made to achieve two parking spaces in front of the garage for townhouse dwelling units; and 2. That Zoning By-law Amendment Application A 27/02, submitted by Silver Lane Estates Inc. on behalf of E. Williamson, on lands being Part of Lot 32, Concession 1, City of Pickering, to establish performance standards to permit the development of a plan of subdivision for semi-detached and townhouse dwelling units, be APPROVED; and 3. That the amending zoning by-law, to implement Zoning By-law Amendment Application A 27/02, as set out in Appendix" to Report PD 36-05, be FORWARDED to City Council for enactment; and 4. That in accordance with Section 34(17) of the Planning Act and notwithstanding that the rezoning proposed in the public meeting notice, public meeting report and at the public meeting differs to some degree from that presented in the Information Report No. 07-03 presented at the February 20, 2003 Public Information Meeting, such difference are not substantial enough to require further notice and another public meeting. CARRIED Council Meeting Minutes Monday, October 3, 2005 7:55 pm (4) Director, Corporate Services & Treasurer, Report CS 56-05 Request for Expansion of Permitted Area for Body Rub Parlours Brock Spa. 1600 Alliance Road. Pickerina Noel Gerry, Barrister & Solicitor for The Brock Spa, requested a deferral of Report CS 56-05 to the October 17,2005 meeting of City Council. Resolution # 170/05 Moved by Councillor Johnson Seconded by Councillor Ashe That Report CS 56-05 of the Director, Corporate Services & Treasurer, be deferred to the October 17, 2005 meeting of City Council. CARRIED (9) Director, Corporate Services & Treasurer, Report CS 70-05 Outstandina Recovery of Water Bomber Costs Resolution # 171/05 Moved by Councillor Dickerson Seconded by Councillor McLean That Report CS 70-05 of the Director, Corporate Services & Treasurer, be referred back to staff for further investigation. CARRIED Council Meeting Minutes Monday, October 3, 2005 7:55 pm III) REPORTS (NEW ~SHED BUS!NESS) (1) Council Office, Report CO 03-05 City of Pickering 2005 Annual Accessibility Plan -Reviewed by the Accessibility Advisory Committee for Council Consideration Resolution #172/05 Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report CO 03-05 regarding the City of Pickering 2005 Annual Accessibility Plan be received; and 2. That Council endorse the City of Pickering 2005 Annual Accessibility Plan as presented and reviewed by the City of Pickering Accessibility Advisory Committee. CARRIED (2) Proclamations: "World Breastfeedina Week" - October 1 - 7.2005 Resolution #173/05 Moved by Councillor Dickerson Seconded by Councillor Brenner That October 1 - 7,2005 be proclaimed World Breastfeeding Week. CARRIED Council Meeting Minutes Monday, October 3, 2005 7:55 pm IV) MOTIONS 1. Ontario Heritage Foundation Heritage Community Recognition Program Nomination for Heritaae Leaders Resolution #174/05 Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That John Sabean be nominated as Heritage Leader under the Heritage Community Recognition Program; and 2. That the City Clerk prepare the necessary documentation to give effect to this nomination. CARRIED V) BY-LAWS Bv-Iaw 6582/05 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1890 Valley Farm Road, 1355 Kingston Road, 1822 Whites Road, 1100 Begley Street, 1865 Kingston Road, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road, North.) (Refer to Report CS 67-05) Bv-Iaw 6583/05 Being a by-law to dedicate that part of Lot 5, Registrar's Compiled Plan 819, Pickering, designated as Part 4, Plan 40R-21838 and those parts of Lot 6, Registrar's Compiled Plan 819, Pickering, designated as Parts 1, 2 and 4, Plan 40R-22752 as public highway and name them "Helm Street". Bv-Iaw 6584/05 Being a by-law to declare certain municipal lands being Blocks 31, 32 and 33, Plan 40M-1538 surplus to the needs of the City of Pickering and to authorize their sale to the adjacent owners. (Refer to Report PD 40-05) Council Meeting Minutes Monday, October 3,2005 7:55 pm Bv-Iaw 6585/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham for Part Lot 32, Concession 1, in the City of Pickering. (Refer to Report PD 36-05) CARRIED THIRD READING: Councillor Johnson, seconded by Councillor Dickerson, moved that By-law Numbers 6582/05, 6583/05, 6584/05 and 6585/05 be adopted 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 VI) NOTICES OF MOTION (2) Commerative Stamp Honourina John Allan Cameron Resolution #175/05 Moved by Councillor Johnson Seconded by Councillor Pickles THAT in honour of John Allan Cameron, Godfather of Celtic Music, the City of Pickering hereby gives notice of its request to honour this fine citizen of the City of Pickering and great Canadian, through a request to Canada Post for a stamp to commerate his significant achievements; entertaining our troops globally; Pickering Lifetime Achievement and 2004 Order of Canada; THAT the City Clerk be directed to prepare the necessary application to give effect to this request; and FURTHER THAT support from the following be hereby requested in order to ensure John Allan Cameron is honoured; . Mark Holland, MP; . Dan McTeague, MP . Governor General of Canada Council Meeting Minutes Monday, October 3,2005 7:55 pm . Municipalities of Cape Breton, NB; Halifax, NS; Fergus, ON; Markham, ON; Uxbridge, ON; Region of Durham, ON; Wellington County, ON . Association of Municipalities of Ontario; and . The Federation of Canadian Municipalities. CARRIED UNANIMOUSLY (1) Red Liaht Cameras Resolution #176/05 Moved by Councillor McLean Seconded by Councillor Dickerson WHEREAS the City of Pickering, in light of recommendations presented to Regional Council through Report #2005-W-97 of the Commissioner of Works, wishes to reconfirm the previous resolution of Council, dated May 20, 2003 with respect to the feasibility of implementing Red Light Cameras for use at signalized intersections in the City of Pickering; and FURTHER, reconfirm the issue of safety of the residents of the City of Pickering; the extensive studies completed outlining the benefits of a Red Light Camera Project and the success of municipalities, such as the City of Toronto who participated in the original two year pilot project of the Province of Ontario; and THAT the Region of Durham be so advised of the previous resolution of the Council of the City of Pickering, as noted; Resolution #72/03 - Mav 20. 2003 WHEREAS in a survey undertaken by the Traffic Injury Research Foundation (TIRF), over 80% of Ontarians surveyed consider red light running and aggressive drivers to be a serious problem; and WHEREAS in the same survey, 76% of those surveyed agreed that there should be greater enforcement of all traffic laws; and WHEREAS the TIRF survey found that Ontarians' support for the use of technology, and in particular Red Light Cameras, to reduce red light running was in excess of 79%; and Council Meeting Minutes Monday, October 3, 2005 7:55 pm WHEREAS statistics gathered by the Insurance Institute for Highway Safety shows that jurisdictions in the United States that use Red Light Cameras experience 29% fewer injury crashes at signalized intersections; and WHEREAS the same statistics gathered by the Insurance Institute for Highway Safety shows that in Canadian jurisdictions that use Red Light Cameras, there is a decline in red light violations that range from 35% to 98%; WHEREAS the use of technology to enforce traffic regulations has been endorsed by: . The Toronto Police Service . The Ontario and Canadian Associations of Chiefs of Police . The Trauma Injury Prevention Program at Sunnybrook Hospital . The Canada Safety Council . The Traffic Injury Research Foundation . The Ontario Construction Association; and NOW THEREFORE the Council of The Corporation of the City of Pickering hereby directs staff to work with the staff of the Regional Municipality of Durham and the Durham Regional Police Service to investigate the feasibility of implementing Red Light Cameras for use at signalized intersections in the City of Pickering; and FURTHER THAT the Region of Durham be so advised. CARRIED ON A RECORDED VOTE Yea Nav Councillor Ashe Councillor Brenner Councillor Dickerson Councillor McLean Councillor Pickles Mayor Ryan Councillor Johnson absent for Item VI) (1) Council Meeting Minutes Monday, October 3, 2005 7:55 pm VII) OTHER BUSINESS (1) Councillor Pickles referred to a Due Diligence Study being completed for the Pickering Airport and questioned when the Division Head, Corporate Projects & Policy would be presenting a report on this matter. Mayor Ryan requested Members of Council to provide their comments to staff and in turn, staff would also formulate any comments received to date from Members of the public. (2) Councillor Dickerson questioned when information would be coming forward with regards to the cost of filling in a storm water ditch on the southeast side of Bailey Street and Brock Road. He requested a response as soon as possible. (3) Councillor Brenner questioned when a report would be coming forward with regards to the performing of Civil Marriages. He also requested that staff look at dedicating lanes for car-pooling purposes for future consideration. (4) Councillor McLean congratulated staff on the Fall Family Festival at the Pickering Museum and noted that it was a great event. Councillor McLean also questioned what was happening with the St Martin's Centre, he noted that Roger Anderson, Chair of the Region of Durham had sent a letter and asked staff to look into getting more information with respect to outstanding issues regarding major repairs and mould remediation. (5) The following matters were considered prior to the regular meeting: Resolution #177/05 Moved by Councillor Dickerson Seconded by Councillor Pickles That Council move into a closed meeting of Council in order to discuss a matter subject to litigation or potential litigation, including matters before administrative tribunals, affecting the City; the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, a proposed or pending acquisition or disposition of land for Regional Corporation purposes. CARRIED Refer to the 'Closed' minutes of Council dated October 3, 2005. Council Meeting Minutes Monday, October 3, 2005 7:55 pm Resolution #178/05 Moved by Councillor Johnson Seconded by Councillor Dickerson That Council rise and ratify the actions taken at the 'In Camera' session. CARRIED VIII) CONFIRMATION BY-LAW By-law Number 6586/05 Councillor Brenner, seconded by Councillor Dickerson, 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 October 3, 2005. CARRIED IX) ADJOURNMENT The Meeting adjourned at 9:08 pm. DATED this 3rd day of October, 2005 MAYOR DAVID RYAN DEBIA.BENTLEY CITY CLERK Report No. 12 of the Executive Committee October 17, 2005 EC 2005-12 That the Executive Committee ot the City ot Pickering hereby presents its twelfth Report to Council: FROM THE IN-CAMERA PRE-MEETING October 11,2005 6:45 pm - 7:30 pm (1 ) (2) (3) Executive Agenda Paaes City Solicitor, Confidential Report CS 78-05 Municipal Liabilitv for Flood Claims 1-10 Cont. That the recommendation contained in the 'Closed' minutes of October 11, 2005 be adopted. Director, Corporate Services & Treasurer Confidential Report CS 75-05 Taxicab License Refusal 11-13 Cont. That the recommendation contained in the 'Closed' minutes of October 11, 2005 be adopted. Director, Corporate Services & Treasurer Confidential Report CS 74-05 Taxicab License Refusal 14-16 Cont. That the recommendation contained in the 'Closed' minutes of October 11, 2005 be adopted. FROM THE EXECUTIVE COMMITTEE MEETING October 11,2005 7:30 pm (1 ) Executive Agenda Paaes Director, Planning & Development, Report PD 37-05 Zoning By-law Amendment Application A 08/05 First Capital (Steeple Hill Land) Corporation 670 Kingston Road North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2) City of Pickerina 9-43 1. That Pickering Council RECEIVE Addendum to Report PD 37- 05 relating to an amendment to the existing zoning on subject lands to permit a variety of office and commercial uses, on lands being North Part of Lot 29, Range 3, B.F.C. (40R- 23222, Parts 1 & 2), in the City of Pickering. (2) 4. 5. Report No. 12 of the Executive Committee October 17, 2005 EC 2005-12 2. That the additional provisions affecting adjacent westerly lands are technical and minor in nature and do not affect the general intent and purpose of Zoning By-law Amendment Application A 8/05 therefore, NO FURTHER NOTICE is required to be given with respect to this application, in the City of Pickering. 3. That Zoning By-law Amendment Application A 8/05, be APPROVED as set out in the draft by-law attached as Appendix I to Addendum to Report PD 37-05, to amend the existing zoning on the subject lands to permit a variety of office and commercial uses, on lands being North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering. 4. That the amending zoning by-law to implement Zoning By-law Amendment Application A 8/05, as set out in Appendix I to Addendum to Report PD 37-05 be FORWARDED to City Council for enactment. Director, Operations & Emergency Services, Report OES 36-05 Supply and Delivery of Two (2) One-Ton Dump Trucks Quotation No. Q-45-2005 44-50 1. That Report OES 36-05 regarding the supply and delivery of Two (2) One-ton Dump Trucks, be received; and 2. That Quotation No. Q-45-2005 submitted by Donway Ford Sales Ltd. for the supply and delivery of two (2) One-ton Dump Trucks in the amount of $84,706.00 plus applicable taxes be accepted, with the estimated annual repayment of approximately $26,000 being included in the annual Current Budget; and 3. That the total purchase price of $96,871.90 be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the project through an internal loan; and That staff at the City of Pickering be given the authority to give effect hereto. Report No. 12 of the Executive Committee October 17,2005 EC 2005-12 51-58 Director, Operations & Emergency Services Report OES 35-05 RFP-8-2005 - Request for Proposal, Bridge Design & Contract Administration - Bulmer Bridae and Reesor Creek Bridae (3) 1. That Report OES 35-05 regarding a Request for Proposal, Bridge Design & Contract Administration be received; and 2. That the Reesor Creek Bridge (05-2320-009-06) and the Bulmer Bridge (05-2320-009-07) deck replacement projects as contained in the 2005 Capital Budget with estimated costs and financing of : Bridae Estimated Costs Reesor Creek $267,300 Bulmer $291,500 Financina COMRIF Debt $178,200 $89,100 $194,325 $97,175 be approved subject to final approval of construction costs by Council; and 3. That RFP-8-2005 submitted by RV. Anderson for Bridge Design and Contract Administration in the amount of $58,810 (G.S.T. extra) be accepted; and 4. That the total gross cost of $70,952 and a net cost of $66,310, for the proposal amount and other project costs identified in this report be approved; and that, 5. That the amount of $65,000 for Bridge Design and Contract Administration to be funded through the issue of debt financing be approved with the balance of $1,310 from Current Budget; and 6. That Council authorize the Director, Corporate Services & Treasurer to finance this portion of the project through the issuance of debt through the Region of Durham; and a) Debt financing not exceeding the amount of $65,000 for a period not exceeding 10 years, at a rate to be determined; and b) Financing and repayment charges in the amount of approximately $8,315 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; and Report No. 12 of the Executive Committee October 17, 2005 EC 2005-12 c) The Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 7. That the appropriate City of Pickering officials be authorized to take necessary action to bring effect thereto. 65-70 Director, Corporate Services & Treasurer Report CS 76-05 Appointment to enforce the Parking By-law at 1100 Begley Street, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road North (4) 2. 3. 1. That Report CS 76-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property be received; and That the draft by-law to appoint persons to enforce the Parking By-law at 1100 Begley Street, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road North, be forwarded to Council for approval; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Director, Operations & Emergency Services Report OES 38-05 Frenchman's Bay Stormwater Management Master Plan Terms of Reference Under Separate Cover (5) 1. That Report OES 38-05 regarding the Frenchman's Bay Stormwater Management Master Plan Terms of Reference be received; and 2. That the Terms of Reference be approved and staff be authorized to issue a request for an Expression of Interest (EOI) from qualified consulting firms to provide professional engineering services for the development of a Frenchman's Bay Stormwater Management Master Plan; and 3. That staff, in conjunction with the Toronto and Region Conservation Authority be authorized to short-list up to four (4) of the highest scoring firms on the EOI and issue a detailed Request for Proposal document; and Report No. 12 of the Executive Committee October 17, 2005 EC 2005-12 4. That the City of Pickering cost share on a 50/50 basis with the Toronto and Region Conservation Authority for retaining the firm of Gartner Lee Limited for project management services for the Frenchman's Bay Stormwater Management Master Plan, at a cost to the City not to exceed $15,000; and 5. That a Steering Committee be assembled to guide the process, and provide input into the direction of the Master Plan, whose membership shall consist of City staff, TRCA staff, one member from the Waterfront Coordinating Committee, external agencies and a resident of the City of Pickering; and 6. That appropriate officials of the City of Pickering be given authority to give effect thereto. (6) South Asia Earthquake Donation to Canadian Red Cross WHEREAS, an enormous earthquake has struck South Asia and has resulted in untold thousands of lives lost and million more left homeless; WHEREAS, this has occurred in an area of the world where, by Canadian standards, poverty and desperation are the norm; WHEREAS, the Federal Government has today (Oct. 11/05) announced that any relief funds donated to, amongst others, the Canadian Red Cross - South Asia Fund will be matched by the Federal Government if received by such authorized agency within fourteen days; WHEREAS, the City of Pickering has demonstrated on many occasions its generosity, on behalf of all residents, to assist financially and otherwise, those people, whether in Canada or abroad, who have experienced disaster but are least able to recover; BE IT THEREFORE RESOLVED, that the City of Pickering commits the sum of $5,000.00 to be donated to the Canadian Red Cross - South Asian Fund and that such amount be matched with contributing Federal dollars and that these monies be over and above the $20,000,000 already announced and committed by the Federal Government; and, Report No. 12 of the Executive Committee October 17, 2005 EC 2005-12 BE IT FURTHER RESOLVED, that the Council of the City of Pickering hereby extends its most heartfelt condolences to the Governments of Pakistan and India, to their citizens who have lost loved ones and homes, and to their many friends and relatives, and our friends and residents, living here in Pickering. Executive Committee Meeting Minutes Tuesday, October 11, 2005 7:30 pm Chair: Councillor Ashe PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn G. Paterson S. Reynolds D. Bentley R. Holborn L. Taylor D. Shields - Chief Administrative Officer - Director, Corporate Services & Treasurer - Acting Director, Operations & Emergency Services - City Clerk - Division Head, Municipal Property & Engineering - Manager, Development Review, Planning & Development - Deputy Clerk (I) ADOPTION OF MINUTES Meeting of September 26, 2005 (II) MATTERS FOR CONSIDERATION (1) Director, Planning & Development, Report PD 37-05 Zoning By-law Amendment Application A 08/05 First Capital (Steeple Hill Land) Corporation 670 Kingston Road North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2) City of Pickerina Moved by Councillor Pickles Seconded by Councillor Brenner - 1 - Executive Committee Meeting Minutes Tuesday, October 11, 2005 7:30 pm Chair: Councillor Ashe 1. That Pickering Council RECEIVE Addendum to Report PD 37-05 relating to an amendment to the existing zoning on subject lands to permit a variety of office and commercial uses, on lands being North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering. 2. That the additional provisions affecting adjacent westerly lands are technical and minor in nature and do not affect the general intent and purpose of Zoning By-law Amendment Application A 8/05 therefore, NO FURTHER NOTICE is required to be given with respect to this application, in the City of Pickering. 3. That Zoning By-law Amendment Application A 8/05, be APPROVED as set out in the draft by-law attached as Appendix I to Addendum to Report PD 37- 05, to amend the existing zoning on the subject lands to permit a variety of office and commercial uses, on lands being North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering. 4. That the amending zoning by-law to implement Zoning By-law Amendment Application A 8/05, as set out in Appendix I to Addendum to Report PD 37-05 be FORWARDED to City Council for enactment. CARRIED (2) Director, Operations & Emergency Services, Report OES 36-05 Supply and Delivery of Two (2) One-Ton Dump Trucks Quotation No. Q-45-2005 Moved by Councillor Dickerson Seconded by Councillor Brenner 1. That Report OES 36-05 regarding the supply and delivery of Two (2) One- ton Dump Trucks, be received; and 2. That Quotation No. Q-45-2005 submitted by Donway Ford Sales Ltd. for the supply and delivery of two (2) One-ton Dump Trucks in the amount of $84,706.00 plus applicable taxes be accepted, with the estimated annual repayment of approximately $26,000 being included in the annual Current Budget; and 3. That the total purchase price of $96,871.90 be approved; and - 2- Executive Committee Meeting Minutes Tuesday, October 11, 2005 7:30 pm Chair: Councillor Ashe 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project through an internal loan; and 5. That staff at the City of Pickering be given the authority to give effect hereto. CARRIED (3) Director, Operations & Emergency Services, Report OES 35-05 RFP-8-2005 - Request for Proposal, Bridge Design & Contract Administration - Bulmer Bridae and Reesor Creek Bridae Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Report OES 35-05 regarding a Request for Proposal, Bridge Design & Contract Administration be received; and 2. That the Reesor Creek Bridge (05-2320-009-06) and the Bulmer Bridge (05- 2320-009-07) deck replacement projects as contained in the 2005 Capital Budget with estimated costs and financing of: Financina Bridae Reesor Creek Bulmer Estimated Costs $267,300 $291,500 COMRIF $178,200 $194,325 Debt $89,100 $97,175 be approved subject to final approval of construction costs by Council; and 3. That RFP-8-2005 submitted by RV. Anderson for Bridge Design and Contract Administration in the amount of $58,810 (G.S.T. extra) be accepted; and 4. That the total gross cost of $70,952 and a net cost of $66,310, for the proposal amount and other project costs identified in this report be approved; and that, 5. That the amount of $65,000 for Bridge Design and Contract Administration to be funded through the issue of debt financing be approved with the balance of $1,310 from Current Budget; and - 3- Executive Committee Meeting Minutes Tuesday, October 11, 2005 7:30 pm Chair: Councillor Ashe 6. That Council authorize the Director, Corporate Services & Treasurer to finance this portion of the project through the issuance of debt through the Region of Durham; and a) Debt financing not exceeding the amount of $65,000 for a period not exceeding 10 years, at a rate to be determined; and b) Financing and repayment charges in the amount of approximately $8,315 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; and c) The Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 7. That the appropriate City of Pickering officials be authorized to take necessary action to bring effect thereto. CARRIED (4) Director, Corporate Services & Treasurer, Report CS 68-05 Purchase of Vehicles for Municipal Law Enforcement Services Staff Amendment to Allocation of 2005 Capital Budaet Moved by Councillor Brenner Seconded by Councillor Dickerson That Report CS 68-05 of the Director, Corporate Services & Treasurer be referred back to staff for the purpose of investigating the business case of hybrid vehicles and that the Mayor, Chief Administrative Officer and Director, Corporate Services & Treasurer be requested to follow up on the matter. CARRIED - 4- Executive Committee Meeting Minutes Tuesday, October 11, 2005 7:30 pm Chair: Councillor Ashe (5) Director, Corporate Services & Treasurer, Report CS 76-05 Appointment to enforce the Parking By-law at 1100 Begley Street, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road North Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report CS 76-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property be received; and 2. That the draft by-law to appoint persons to enforce the Parking By-law at 1100 Begley Street, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road North, be forwarded to Council for approval; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CARRIED (6) Director, Operations & Emergency Services, Report OES 38-05 Frenchman's Bay Stormwater Management Master Plan Terms of Reference Moved by Councillor Brenner Seconded by Mayor Ryan 1. That Report OES 38-05 regarding the Frenchman's Bay Stormwater Management Master Plan Terms of Reference be received; and 2. That the Terms of Reference be approved and staff be authorized to issue a request for an Expression of Interest (EOI) from qualified consulting firms to provide professional engineering services for the development of a Frenchman's Bay Stormwater Management Master Plan; and 3. That staff, in conjunction with the Toronto and Region Conservation Authority be authorized to short-list up to four (4) of the highest scoring firms on the EOI and issue a detailed Request for Proposal document; and - 5- Executive Committee Meeting Minutes Tuesday, October 11, 2005 7:30 pm Chair: Councillor Ashe 4. That the City of Pickering cost share on a 50/50 basis with the Toronto and Region Conservation Authority for retaining the firm of Gartner Lee Limited for project management services for the Frenchman's Bay Stormwater Management Master Plan, at a cost to the City not to exceed $15,000; and 5. That a Steering Committee be assembled to guide the process, and provide input into the direction of the Master Plan, whose membership shall consist of City staff, TRCA staff, one member from the Waterfront Coordinating Committee, external agencies and a resident of the City of Pickering; and 6. That appropriate officials of the City of Pickering be given authority to give effect thereto. CARRIED (III) OTHER BUSINESS (1 ) South Asia Earthquake Donation to Canadian Red Cross Moved by Councillor Dickerson Seconded by Councillor Brenner WHEREAS, an enormous earthquake has struck South Asia and has resulted in untold thousands of lives lost and million more left homeless; WHEREAS, this has occurred in an area of the world where, by Canadian standards, poverty and desperation are the norm; WHEREAS, the Federal Government has today (Oct. 11/05) announced that any relief funds donated to, amongst others, the Canadian Red Cross - South Asia Fund will be matched by the Federal Government if received by such authorized agency within fourteen days; WHEREAS, the City of Pickering has demonstrated on many occasions its generosity, on behalf of all residents, to assist financially and otherwise, those people, whether in Canada or abroad, who have experienced disaster but are least able to recover; - 6- (2) (3) (4) (5) Executive Committee Meeting Minutes Tuesday, October 11, 2005 7:30 pm Chair: Councillor Ashe BE IT THEREFORE RESOLVED, that the City of Pickering commits the sum of $5,000.00 to be donated to the Canadian Red Cross - South Asian Fund and that such amount be matched with contributing Federal dollars and that these monies be over and above the $20,000,000 already announced and committed by the Federal Government; and, BE IT FURTHER RESOLVED, that the Council of the City of Pickering hereby extends its most heartfelt condolences to the Governments of Pakistan and India, to their citizens who have lost loved ones and homes, and to their many friends and relatives, and our friends and residents, living here in Pickering. CARRIED UNANAMOUSL Y Councillor Brenner requested that the City Clerk bring forward a report requesting that the Regional Municipality of Durham appoint City of Pickering By-law Enforcement Officers to enforce the Regional Smoking By-law within the City limits of Pickering in relation to the taxicab industry. Councillor Pickles confirmed the receipt of a petition from the residents of Buckingham Gates with regards to restricting construction traffic to Southcott Road. Councillor Pickles noted that the problem was being investigated and a response would be issued to Buckingham Gates residents shortly from City staff. Councillor Dickerson requested that the City Clerk investigate the procedure for putting a question on the ballot for the 2006 Elections with regards to the direct election of the Regional Chair, of the Regional Municipality of Durham's as per the action recently taken by the City of Pickering. The following matters were considered prior to the regular meeting: a) Director, Corporate Services & Treasurer and City Solicitor, Report CS 78-05 Municipal Liabilitv for Flood Claims b) Director, Corporate Services & Treasurer Confidential Report CS 75-05 Taxicab License Refusal - 7- Executive Committee Meeting Minutes Tuesday, October 11, 2005 7:30 pm Chair: Councillor Ashe c) Director, Corporate Services & Treasurer Confidential Report CS 74-05 Taxicab License Refusal Refer to the 'Closed' minutes of the Executive Committee dated October 11, 2005. (6) The Manager, Development Review, Planning & Development, provided the Committee with an update with respect to a planning matter associated with Rockport Developments. (7) The Chief Administrative Officer provided Members of Council with confidential correspondence dated October 11 2005 from Hicks Morley. (IV) ADJOURNMENT The meeting adjourned at 9:05 pm. - 8- RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE: MOVED BY: SECONDED BY: That Report CS 56-05 of the City Clerk with respect to a request to expand the permitted area for body rub parlours by the Brock Spa, municipally located at 1600 Alliance Road, Pickering, be referred to Council for disposition. REPORT TO EXECUTIVE COMMITTEE Report Number: CS 56-05 Date: September 1, 2005 From: Debi A. Bentley, CMO, CMM III City Clerk Subject: Request for Expansion of Permitted Area for Body Rub Parlours Brock Spa, 1600 Alliance Road, Pickering Recommendation: 1. That Report CS 56-05 of the City Clerk with respect to a request to expand the permitted area for body rub parlours by the Brock Spa, municipally located at 1600 Alliance Road, Pickering, be received; and 2. That the request from Ms. Anna Trojanowska, Brock Spa, 1600 Alliance Road, to expand the permitted area for body rub parlours to include Alliance Road be denied and the applicant be so advised. Executive Summary: To advise of a request from the owner of the Brock Spa at 1600 Alliance Road to expand the permitted area for body rub parlours to include Alliance Road. Financial Implications: Not applicable Background: A request has been received from Ms. Anna Trojanowska, owner of the Brock Spa located at 1600 Alliance Road, Pickering, to expand the permitted area for body rub parlours to include Alliance Road. A copy of the request has been included as Attachment 1 to this report. On October 16, 2000, Council passed By-law 5764/00, being a by-law to licence and regulate body-rub parlours in the City of Pickering. The by-law restricted the location of these establishments to the Brock Industrial Area. Body rub parlours that were operating at the time By-law 5764/00 was enacted were grandfathered for five years so Report CS 56-05 September 1, 2005 Expansion of Permitted Area for Body Rub Parlours Page 2 enacted were grandfathered for five years so that they could continue to operate their establishment until December 31, 2005, at which time they would have to relocate their establishment to the permitted area. Extensive review of the licencing of body-rub parlours was undertaken in 2000 with the Police, Health and By-law Enforcement officials and therefore, from our perspective there is no compelling reason to amend our by-law at this time. Further, this location is in contravention of By-law 5764/00 and has been provided appropriate time to relocate the business into the permitted area. Attach ments: 1. 2. Letter from Anna Trojanowska, owner of Brock Spa, 1600 Alliance Road Letter from Noel D. Gerry, Barrister & Solicitor on behalf of Ms. Anna Trojanowska Map showing the current permitted area for body rub parlours Map showing the expansion to the permitted area for body rub parlours if Ms. Trojanowska's request is approved 3. 4. Prepared By: Approved / Endorsed By: ~'~ Debi A. Bentley City Clerk ~~-~ Gillis A. Paterson Director, Corporate Services & Treasurer Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering Ci. Council d -- j:A-2130 Reports to Council:O5 Reports:CS 56 Expansion of Permitte or Body Rub Parlours I ATTACHMENT' / TO REPORT #(3; s-4-o'~-- Brock Spa 1600 Alliance Rd. Pickering, Ontario, L1 W 3'tJ2 905-831-0526 March 21, 2005 Dear Mr. Bruce Taylor and Mrs. Kimberly Thompson, My Grandfathered status is about to expire. This letter serves to request that the permitted area where body rub parlours may operate as set out in Schedule 'B' of BY-LAW 5764/00 be expanded. It would be my intention to apply for an amendment to the current BY-LAW given your permission in this matter. The reasons for my request are listed below. Firstly, my proximity to the current line, the west most line in the permitted area runs through a hydro corridor which ends at my parking lot meaning that the actual line can be no more than 120 ft. from my premises. I also feel that I have been in full cooperation with the city since I established my business there over 4 years ago and have always been respectful of its policies and practices. I think it should also be mentioned that I feel that I have the full backing of my landlord, neighbours and peers in this request and am willing to attain documentation to support my feeling. There are also the issues of employees and suppliers who depend on my business to support them and given the costs of moving I may be forced to close if the area cannot be expanded. Another question would be the possibility of extending the grandfathered status, if this would be acceptable it would at least provide for further exploration of my options and the possibility of relocation which is improbable at this time but may be available to me in the future. I would like to open channels of discussion for any concerns or questions that you may have, my cellular phone number is 416-910-4266. Please feel free to call me on this matter at your convenience. An~a Tro.~~~ . .¿(~ / 0 ner ¡Brock Spa NOEL D. GERRY BARRISTER & SOLICITOR RECE~~/;:D ATTACHMENT #2-. TO REPORT#C[{~t.Pt51S:RiNG AUG 2 5 2005 CLERK'S DIVISION By Fax (905) 420-9685 and By Courier rõ1~(Ç; ~ ~ ~ ~rm lfl1 AUG 2 5 2005 lUJ 50 Richmond Street East Suite #100 Toronto. Ontario M5C 1 N7 Telephone: 416-972-1161 Fax: 416-362-9954 CITY OF PICKERING PICKERING. ONTARIO August 23,2005 Corporation of the City of Pickering One The Esplanade Pickering, Ontario Ll V 6K7 Re: By-law Amendment Application Brock Spa - 1600 Alliance Road, Pickering, Ontario ~C-.fe.r +0 Cl~s ecport. 't+ CS 5(",- oS . 5c.pt . ,;1. ¿ ~ eC,L.. ~ \I c:.. I have been formally retained by Ms. Anna Trojanowska to act on her behalf in respect of her COr"N"'l'\ "~c.. application for an amendment to By-law 574/2000 to expand the permitted area for the licensing of Body-rub Parlours to include the lands and premises municipally known as 1600 Alliance Road, Pickering, Ontario. I would be grateful if you could put this correspondence before the Executive Committee of Council for their consideration prior to the meeting of September 12, 2005. 1 CLERK'S DIVISION ! FILE NO.: I : FORWARD COpy TO: j MAYOti ..... IIIFO. SYSTEMS ; couÑê!J v LEGAL SERVICES ....... ~ ::".:;;:-:--- V' LIBRARY : c'Y' ',t,',,; MUN.PROP.&ENG. '. .;i":P,VICES V OPERATIONS : ,..' .'¡~ ¡~ REG, PLANNING & DEV, v ¡,:(;~:;.T~,'.:.:.~,RE PROJ, & POL I-~~t: \.i,;:\}EL : S~;~~ERV. v ì'HUMÃÑf~ES ¡ , . , Attention: Ms. Debi Bentley, City Clerk Dear Ms. Bentley: Ms. Trojanowska operates Brock Spa - a licensed Body-rub Parlour at 1600 Alliance Road in the City of Pickering. The establishment existed prior to the passage of By-law 574/2000. It is located just outside the western boundary of the area established by By-law 57412000 as the permitted area for the licensing of body-rub parlours. The establishment lies approximately 120 feet from the western boundary line which runs through a hydro corridor. Notwithstanding that the fact that the establishment is located just outside the boundary established in By-law 574/2000, the City granted it "grandfathered" status and licensed the activities therein for a period of five years. This grandfathered status is set to expire on December 31, 2005. 2 My client is respectfully requesting that you amend By-law 574/2000 so that the grandfathered status it currently enjoys becomes permanent. In support of the request, my client requests that you kindly consider the following: 1. The establishment has been licensed and operating at its present location for a period exceeding five years; 2. There have been no charges relating to the operation of the business; 3. The premises are zoned industrial and directly abutt the area already designated for the licensing of body-rub parlours; 4. The premises abutts a hydro corridor; 5. There are no schools, daycare centres, recreational centres, parks or places of worship within 120 metres of the premises; 6. The owner of the unit supports this application. Please see attached letter; 7. Seven other unit holders support this application. Please see attached Acknowledgments; 8. The business employs six persons; 9. The proprietor and employees of the business rely on the income earned at the establishment to support themselves and their families. As the business has been operating and licensed for approximately five years, the proposed by- law amendment would effectively be a ratification of the status quo. Ifthe by-law amendment is not granted, my client would face the unfortunate circumstance of closing a viable business and losing her investment therein. We understand that there is an element of discretion in your consideration of this request and graciously request that such discretion be exercised in favour of the applicant. In return, my client promises to continue abiding by By-law 574/2000 and all other relevant rules and regulations and to continue providing quality service and employment in the City of Pickering. We thank you for taking the time to consider these comments. Yours very truly /~.\ f\. / I I J . {/ . ,,/ II V"-------. ! Noel D. Gerry - F\c..\<. ÑCJW h\::: D t M\¿ rU \ <;?ç' ßÇ?o 0<- Ç'f f\ 0 tV í\ \2.., \ ~() f\- '--" \ '1\ NC ç e () vP\ C> '):) ¿) (:, 10-\ r-\ <; Î Q V t'\ 0 ç j-\ '" ~ 0 t>..) "",- r a\- U; A- \ ~ w \.<-re- ßeöcL <;e"'-, ,":, \" oC Cv -\ €c-\ j ~ h eJ (¿ ~ 1 0-"-. \:: f\ 0 I.\J l eà 'ò C -i ~ \ \ ~ ""^ I)<:J! C CY' -\ e '" -\ -\ '" cJ- ß \ 0<:- \<::. ç ( ~ ) 0 \e l ~ A J\J rJ A\ r¡ e 0"5 t'\ r{ 0 tV ¡( f\ . ~QtC-- C/ ) ( c <:) V\ -\ \ {\ C! .Q ~ D 6~ ~ "'- \ ~ 0 " (V'..f (» t e (Y\ \ 'S e '> . . . ~ G\ ^.J... A-"'-G-L \- ~ \..ef \"o-ú'<- Y\~( Ç'J \ \ s U(f°t-- \- \ ...... -t \"" 'i"'"' ""-- \- \. ~ () A '\ to 0 A r¡ e \(. '<- ç ~ \ o\.J b ----r\¡(, '" G <:;:;, 1-'\ A f J ;wo ~ C-\ -\ \. ~~( To q U ~-\ {ù \M. CJ ~ ----- ACKNOWLEDGEMENT RE: BROCKSPA Unit #12, 1600 Alliance Road, Pickering, Ontario We, Walker Howes One Limited, are the owner of storage Unit #13_at 1600 Alliance Road, Pickering, Ontario, Ll W 3V2. We hereby acknowledge that we are content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, Ll W 3V2, continue to operate on these premises. Dated at Pickering this 2nd day of May, 2005. ~~ Æ----? A if f" /.. ¡( 'I~-S( / / Name ACKNOWLEDGEMENT RE: BROCK SPA Unit #12, 1600 Alliance Road, Pickering, Ontario I. ~~ÞMfl the tenant of storage Unit #LL2at 1600 Alliance Road, Pickering, Ontario, Ll W 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, Ll W 3V2, continue to operate on these premises. Dated at illJ4~ 'l{- this day of ,2005. &~~/ ... . . / . .)~/l./! .~~ t!SigrPltute of Tenant j(jíl~ov~ Name (printed) of Tenant . ACKNOWLEDGEMENT RE: BROCK SPA Unit #12, 1600 Alliance Road, Pickering, Ontario I, ~ ~ , am the tenant of storage Unit #~at 1600 Alliance Road, Pickering, Ontario, Ll W 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, Ll W 3V2, continue to operate on these premises. Dated at ~ r ~ \ Un~+ t\ It,. this ;) ~ day of ~-r t l ,2005. _~b Signature of Tenant R~\ ~ Name (printed) of Tenant ACKNOWLEDGEMENT RE: BROCK SPA Unit #12,1600 Alliance Road, Pickering, Ontario I, /~e#' /j/J57 , am the tenant of storage Unit #-1.Lat 1600 Alliance Road, Pickering, Ontario, Ll W 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, LI W 3V2, continue to operate on these premises. Dated at --L51 Î9,.'7IL # (/ h / /-Jf¡/ this 21' day of ~fh(L ,2005. ~~ /-,,// /~~a~Of ~: :-. -- ~/C'4' /Iv/?~/- Name (printed) of Tenant ACKNOWLEDGEMENT RE: BROCK SPA Unit #12,1600 Alliance Road, Pickering, Ontario I, "1ðhf\ fl1LfJ111 /(0."" , am the tenant of storage Unit # 4 at 1600 Alliance Road, Pickering, Ontario, L1 W 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, L1 W 3V2, continue to operate on these premises. Dated at Pi c..L.v ¡ "') this <. 'í day of ~'r\ . t ,2005. <f 0\' '" ,nfJ c /â4 IJa1f\¡ Name (printed) of Tenant ACKNOWLEDGEMENT RE: BROCK SPA Unit #12, 1600 Alliance Road, Pickering, Ontario I, ~~ ~ ~ -r-lÁ ( ::sTL-~ , am the owner of storage Unit #~at 1600 Alliance Road, Pickering, Ontario, Ll W 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, Ll W 3V2, continue to operate on these premises. Dated at P ( { It œ. f~' 6:"- this 1. k' day of -A P R-t L. ,2005. Q~ {¿ðgt1l\ Tl-f ( 5TC .p Signature of Owner Name (printed) of Owner ACKNOWLEDGEMENT RE: BROCK SPA Unit #12, 1600 Alliance Road, Pickering, Ontario I, , am the owner of storage Unit\#/> at 1600 Alliance Road, Pickering, Ontario, L1 W 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, L1 W 3V2, continue to operate on these premises. ¡ø It/. I Dated at 1!¡{!¡¿ll this ;z r day of ,2005. J} ¡!(fc1lilÆ¿ ;Ø/7Z Signature of Owner Name (printed) of Owner C~~';"" E l ATTACHMENT # -3 TO REPORT # c51.. ð.J- SCHEDULE 'B' TO BY-LAW 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE ! 1 ~""o ~( ~ ~ i ~ auJ " "" r ~ ~ >0' , 0 ~ < ~ õ ~ ~ aR'~g~:~OOK : I ~ I ~ I ~ ~ ",'CON< ~ ~ v Œ"o @ ~ ~ ~ UoPN<R'ON M'~ caUR' pLruLS r i I "- yaRK.OURN'M ¡ ð > < 0 0 < > ~ 0 . >, WHER PoceVVOON CON'"O' Pc.N' PICKER'NG GENERATING STATION ~ l' IV LAKE ONTARIO I ATTACHMENT # 'f TO REPORT #~s s-f - 0 J- C! r fTl Z » z z » ;0 0 þ 0 DARY -- ~ -- -- -- -- -- -- -- -- -- -- -- -- -- 40\ r I I I vJ þ.. '{ rI\GrI ;0 0 þ 0 Cr::: 0 0 Cr::: Cr::: 0 U PLUMMER 0 0::: 0 >- I ~ -' <!. U1 BAYLY STREET ~------------------------------ BAYLY STREET 0 <!. 0 0::: 0 <{ 0 cr STREET I () <{ W m >- 0 Z <{ ([) w U Z <!. ::; -' 0::: 0 0 0::: 0::: 0 U 0 Cr::: 0 >- I City of Pickering PROPERìY DESCRIPTION DCC 89 UNIT # 12 0 <!. Planning & Development Department OWNER R. SIERECHON FILE No. BY. LAW AMENDMENT SCALE 1:5000 DATE JUNE 21,2005 DRAWN BY JB CHECKED BY BT l' a a ou'C.., To,an.' En'.'p,;... Inc. and ao ouppl;"O. All ';9hto R...,v.d. No' a pion 01 ou",.y. 2005 "'PAC and ;t. ouppli.... All ,; hto R...~.d. Nat a pion af Su~. . PN-3 CORPORATE SERVICES DEPARTMENT MEMORANDUM October 12, 2005 To: Thomas J. Quinn Chief Administrative Officer From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Deferral of Report CS 70-05 Outstanding Recovery of Water Bomber Costs File: A-2140 Further to deferral of the above noted report at the October 3, 2005 meeting of Council, please be advised that I spoke with the Member of Council who had concerns with the report. Based on this discussion there are no concerns with the report as originally presented and I am recommending the original recommendation be presented. ~~~- ? Gillis A. Paterson DB/vw RESOLUTION OF COUNCIL DATE: MOVED BY: SECONDED BY: 1. It is recommended that Report CS 70-05 of the Director, Corporate Services & Treasurer be received; and 2. That the outstanding account receivable billed to Christopher Burkholder in the amount of $42,532.10 be written off in 2005; and 3. The appropriate officials of the City of Pickering be authorized to take the necessary action to give effect thereto. C¡Ú¡ c~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 70-05 Date: September 1, 2005 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Outstanding Recovery of Water Bomber Costs Recommendation: 1. It is recommended that. Report CS 70-05 of the Director, Corporate Services & Treasurer be received and that: 2. the outstanding account receivable billed to Christopher Burkholder in the amount of $42,532.10 be written off in 2005; and, 3. the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Report CS 47-04 "Outstanding Recovery of Water Bomber Invoices" was presented to Council on December 13th, 2004 and Council decided to refer this issue to the former Solicitor for the City. In August, 2005 upon the hiring of the new City Solicitor this file was passed to him for his consideration and review. In summary he has concluded that: "In my opinion, there is no legal basis upon which the City can recover from Mr. Burkholder the monies paid to the Ministry of Natural Resources for the service of the water bomber fleet." Therefore, it is recommended that Recommendation 2 be adopted and the amount be written off in 2005. Financial Implications: If Council decides to write-off this amount, the expense will be charged to the City for the 2005 fiscal year (Account 2136 - Provision for Accounts Receivable Write-off). The additional expense will be accommodated through unanticipated under expenditures or higher revenues throughout the Corporation during 2005. Report CS 70-05 Date: September 1, 2005 Subject: Outstanding Recovery of Water Bomber Costs Page 2 Background: A bailing machine caught fire in Mr. Burkholder's field located in the City. The fire spread throughout the field and the City's Fire Services Division called the Ministry of Natural Resources (MNR) air water bomber fleet to control and extinguish the fire. The officer in charge of the firefighting efforts, observed flames approximately 20 feet high and considered there to be a threat to a house, barn and large combines. The fire was extinguished and the City was invoiced by MNR in the amount of $42,532.10 for the services of the water bomber fleet. (The water bomber fleet consisted of: one spotter plane, one water bomber and one helicopter). When the City received the invoice from MNR, the City obtained a legal advice from Mr. Reble as to whether the City should pay the outstanding invoice. Mr. Reble advised that the City should pay the invoice and that the City could recover its costs. Collection Activitv During the last few years, the City has pursued the collection of the outstanding invoice. The insurance adjuster representing Mr. Burkholder (Kellow & Associates) has been questioning the City's legal authority to bill for the additional costs. The City has provided the documentation supporting the City's position that it has the authority to collect or recovery the costs. The insurance adjuster and Mr. Burkholder's insurance company are resisting payment and basically are stating that the City has "no jurisdiction to recover payment". Usinq Alternative Collection Avenue Early in 2004, the Director, Corporate Services asked the City's insurance adjuster to assist in the collection of the outstanding invoice. The City's insurance adjuster spoke several times with David Kellow of Kellow & Associates trying to effect a settlement of the outstanding invoice. David Kellow's last position on this issue was that they were not interested in settling and that they were prepared to pursue a legal defence of the claim. Explorinq The Fire Protection and Prevention Act (FPPA) as a Collection Tool After the unsuccessful attempt by the City's insurance adjuster, staff wanted to explore alternative non-legal court cost options. One alternative explored was reviewing the Fire Protection and Prevention Act and using the legislative powers through the Fire Marshal's Office. FPPA does allow the Fire Chief to issue an "ORDER" to recover costs incurred by the Municipality. However, the ORDER is issued based on Section 15 of the FPPA. Section 15 provides that if the Fire Chief has reasonable grounds to believe that a risk of fire poses an immediate threat to life, he or she may enter any land or premises for the purpose of removing or reducing the threat and may under 15 (1 )(g), do anything he or she has reasonable grounds to believe is urgently required to remove or reduce the threat of life. Staff discussed using this section of FPPA with the City's Fire Chief Mr. Bill Douglas. However, it is the Fire Chief's opinion that Section 15's Report CS 70-05 Date: September 1,2005 Subject: Outstanding Recovery of Water Bomber Costs Page 3 intent is to be used to remove a fire threat or possibility of a fire starting and not as a retroactive collection tool. In other words, if there was an unsafe situation such as a huge pile of tires mixed with empty gas cans - the Fire Chief could have an outside contractor clean-up the area and then issue an invoice for the cost of the clean-up to the property owner. The Fire Chief also stated that the Fire Marshall Office has issued very few orders for cost recovery. Conclusion In conclusion this matter has been outstanding for a long time. Several opinions have been provided on the inability to recover beyond the attempts already taken therefore, it is time to bring the matter to a close by writing off the amount of $42,532.10. Attachments: Not applicable Prepared By: Prepared I Approved / Endorsed By: ~~ -:> _........~ ~::::::::--- Stân Karwowski Manager, Finance & Taxation ~~ ~.f"~~ ~> Gillis A. Paterson. Director, Corporate Services & Treasurer GAP:vw Copy: Chief Administrative Officer City Solicitor Recommended for the consideration of Pickering Cit Council ;1 /1 RESOLUTION OF COUNCIL DATE: MOVED BY: SECONDED BY: That the City of Pickering request that the Region of Durham, Medical Officer of Health authorize Municipal Law Enforcement Officers of the City of Pickering to enforce the provisions of the Region of Durham Smoke-Free By-law No. 66-2002 with respect to the Taxicab industry. Ciú¡ o~ REPORT TO COUNCIL Report Number: CS 79-05 Date: October 17, 2005 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Request to Medical Officer of Health for Permission to Allow City of Pickering Municipal Law Enforcement Officers to Enforce the Regional Smoke-Free By-law within the Taxicab Industry Recommendation: THAT the City of Pickering request that the Region of Durham, Medical Officer of Health authorize Municipal Law Enforcement Officers of the City of Pickering to enforce the provisions of the Region of Durham Smoke-Free By-law No. 66-2002 with respect to the Taxicab industry. Executive Summary: As part of the ongoing discussions within the taxicab industry, along with complaints received by passengers utilizing Pickering taxicabs, the Clerks Division has determined that the added provision of Municipal Law Enforcement Officers being allowed to lay charges under the Regional Smoke-Free By-law No. 66-2002 would be beneficial to all parties and therefore is recommended. Financial Implications: Not applicable. Background: At the September 21, 2005 meeting of the Taxicab Advisory Committee, representatives of the Region of Durham, Health Department provided an overview of the Regional Smoke-Free By-law No. 66-2002. Based on the presentation, it was determined by the Chair, Taxicab Advisory Committee, in conjunction with the Clerks Division, that in order to provide additional enforcement of the by-law within the Taxicab industry, it would be beneficial to ensure that Municipal Law Enforcement Officers are authorized to lay charges. As the Smoke-Free by-law is a Regional by-law, authorization from the Medical Officer of Health is required in order to allow City of Pickering Municipal By-law Enforcement Report CS 79-05 Date: October 17, 2005 Subject: Regional No-Smoking By-law Enforcement Page 2 Officers the ability to lay charges under the by-law. If approved, the Region of Durham would pass a by-law to give affect to this change. Prepared By: Approved I Endorsed By: Deb; A. Bentley City Clerk Gillis A. Paterson Director, Corporate Services & Treasurer DB:vw Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas J. Quinn, Chief Administrative Officer CORPO227-07/01 REPORT FROM COUNCILLOR DICKERSON. CHAIRMAN. TO COUNCIL: THE EAST SHORE COMMUNITY CENTRE BUILDING COMMITTEE During the 2005 budget deliberations, Council authorized the creation of the East Shore Community Centre (ESCC) Building Committee (the Committee) and the commitment of $275,000 in the 2005 budget for the design and construction of a 2nd floor addition above the Millennium Room. Councillors Dickerson and McLean subsequently met to discuss and map out the approach to be taken. Discussions included the formation, and make-up, of a "Building Committee", the make-up and involvement of City staff and the retention of Stone McQuire Vogt Architects. The firm was used in 1999 to design the Millennium Room and oversee the renovations to the ESCC. Their knowledge of the building and the various periods when additions were made, gave them an invaluable insight as to what the current plan called for and to what the limitations in terms of parking (in particular) were likely to be. During the course of the Committee's initial meeting, a thorough discussion was held with Alan Stone, Architect, to determine what components the seniors (as the primary user group) envisioned as necessary within the new facility. A discussion was also undertaken with Steve Reynolds, Division Head, Culture & Recreation, to thoroughly investigate not only the various existing user groups but also identify what times and in which areas these activities occurred. In addition, Mr. Reynolds was also requested to provide the same information with respect to the West Shore Community Centre and the Petticoat Creek Community Centre. That first meeting also identified the need of the South Pickering Lawn Bowling Association to expand their 'greens' within the next few years due to the tremendous rise in their club's membership. The previous plan for their eventual expansion of 'greens' was directly to the north where, in 1999, a temporary parking lot was created to handle overflow-parking requirements, primarily from the South Pickering Seniors Association. Their membership has grown from just under 400 members then to well over 700 today. The lawn bowling club likewise has seen their membership grow from just under 40 bowlers then to over 125 today - again with no end in sight. These realities caused the Committee, although not formed to do so, to request the Architects to investigate the possibility of vehicle parking on top of the hill directly to the north of the Centre. It was determined that whether or not an expansion of the Centre was justified, the temporary parking lot was going to be re-claimed by the lawn bowlers in the not-too-distant future and that the City would be well advised to begin preparing for that eventuality now. -2- CONCLUSION Following two more formal meetings of the Committee where much of the focus was on existing space availability; continuing discussion on parking requirements; lawn bowling expansion and the eventual need of the Seniors Club to relocate into a much larger facility containing many more amenities than can presently be housed i.e.: a therapy pool, the Committee members present unanimously came to a conclusion that the addition of a 2nd floor, at this time, is unwarranted and could not be justified in terms of usage vs. cost. In this respect, the Committee thanks the Council and staff of the City of Pickering for the confidence placed in the Committee to reach a proper decision based on the merits and facts, as they presently exist. For the specific purpose that Council authorized the formation of the Building Committee, as Chairman I can now report that the Committee has completed its mandate and, with the receipt of this report by Council, ceases to exist. RECOMMENDATION The Committee, having completed and reported to Council on the mandate authorized by Council, makes the following recommendation to Council for its' consideration: 1) Any funds remaining unused from this project be used to commence funding to a dedicated City account for the eventual construction of a new Senior Facility envisioned within the existing downtown core within easy walking distance to transit, shopping and professional care. 2) That Council considers the construction of a new parking facility on the top of the hill immediately north of the existing ESCC. 3) That Council considers the new routing and parking plan for the existing ESCC. Respectfully submitted to the Council of the City of Pickering: ---- ê=""9"~r~ ""'~-----=::,-".\ Doug Dickerson, City Councillor, Ward 2 RESOLUTION OF COUNCIL DATE: MOVED BY: SECONDED BY: That Mayor Ryan be authorized to make the following proclamation: "October 17-23, 2005 Waste Reduction Week" ~ .""" "", ~(';';'::':~ @J ~~ 'øf IJJ.ø.t. ; - --'" - ~ Resource ,¡þ'Conscrva!íon ~ Manitoba "-".,.-,......-.",,.<.,.Á:,'! §ð ReO - ....,..., - of DoIooIt .~ R6tuu do if R~JUfl-eries du --. Queln- mmsb ~ ....""""",i~ "9" I W MC It"""""" jl".""", f.....Ut" _u....~o"""" ---- =-,NB.~~ "".:.~~ I~. cor' r"-Jovc 5c(;:;0 '-'.."."""",...,~ .,..,. A RAVEN RECYCLING ....<---"..,~---- .~~ 1<.~ .IC~r. :~;- -~.o "'Oa~ ""'_fu"'= 'Off"""""""" 0 YELLOWKNIFE Recycles ~ -...""""". lqaluit ~..:a.. ~,~ Ifbdic Waste Reduction ::e~ 1~~2~~;~da - ;[~;~éd Semaine canadienne de réduction des déchets ..; 17 au 23 octobre, 2005 MEMORANDUM To: From: MAYOR AND COUNCIL Darlene Hartung, National Coordinator Waste Reduction Week in Canada Date: July 20th, 2005 Re: PROCLAIM OCTOBER 17-23, 2005 WASTE REDUCTION WEEK Canada will celebrate its fifth annual National Waste Reduction Week fÌ'om October 17-23, 2005. The Recycling Council of British Columbia (RCBC) is organizing BC's involvement in observing this week. We would like to ask all Municipal Councils in BC to officially declare October 17-23, 2005 as Waste Reduction Week in their communities. Waste Reduction Week is intended to raise awareness about waste and its environmental and social impacts. The theme of Waste Reduction Week, Too Good To Waste, is meant to draw attention to the richness and diversity of the natural world and the importance of working towards ecological sustainability through waste avoidance and resource conservation. RCO (Recycling Council of Ontario) began sponsoring "October Waste Reduction Month" in Ontario 18 years ago. In 2001 we teamed up with organizations fÌ'om across the country to create Waste Reduction Week, a national event with participation fÌ'om every Canadian Province and Territory. Please join the Recycling Council of Ontario in proclaiming October 17-23,2005 as Waste Reduction Week. For more information on Waste Reduction Week in Canada, please visit www.wrwcanada.com. Please see attachment for a sample Waste Reduction Week in Canada proclamation. Complete proclamations can be faxed to 416-960-8053 or emailed to wrw@rco.on.ca: Sincerely, Darlene Hartung National Coordinator Waste Reduction Week in Canada 416-657-2797 ext #5 -- -- ----- -,------ ------ - ---------------- ~i]' Champion Sponsors {A.. WÃYÃ1, : .. W .. ft t _n_- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6587105 Being a By-law to amend Restricted Area Zoning By-law 3036, as amended by By-law 5438/99, to implement the Official Plan of the City of Pickering, Region of Durham, North Part of Lot 29, Range 3, B.F.C. (40R- 23222, Parts 1 & 2), in the City of Pickering. (A 8105) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a variety of office and commercial uses, for North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I & II Schedule I & " to By-law 5438/99, as amended by By-law 5556/99, are hereby revoked and replaced with Schedule I & II attached hereto. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands being North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering, designated "MU-10" on Schedule I & II attached to this By-law. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. TEXT AMENDMENT SECTION 5. Provisions of By-law 5438/99, as amended by By-law 5556/99, is hereby amended, as follows: (1 ) Subclauses 5.(2)(c)(i), (ii) and (iii) are to be repealed and replaced with the following: (i) The maximum combined gross leasable floor area for all uses on the lands zoned "MU-10" on Schedule I attached to this By-law shall be 8,500 square metres; (ii) The maximum combined gross leasable floor area for all restaurants on lands zoned "MU-10" on Schedule I attached to the By-law shall be 1 ,500 square metres; (iii) The maximum combined gross leasable floor area for all food stores On the lands zoned "MU-10" on Schedule I attached to this By-law shall be 5,000 square metres; (2) Clause 5.(2)(c) is amended by adding subclause (vii) after subclause (vi): (vii) A Restaurant type - F use is not permitted in the hatched area outlined on Schedule I attached to this By-law; - 2 - 5. BY-LAW 5438/99 By-law 5438/99, as amended by By-law 5556/99, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 and 4 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 6. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this 1 yth day of October, 2005. Dave Ryan, Mayor Debi A. Bentley, City Clerk / ~/ ~ / \ " " " \ \ :f) ~o ----- ~ J ",0 0 C:J CJ ~ "" IS:SJ SEE SECTION 5(2)(c)(,,;) trn3 SEE SECTION 5(2)(c)(,V), 5(2)(c)(v), & 5(2)(c)(v,) SCHEDULE I TO BY-LAW 5438/99 AS AMENDED BY BY-LAW 5556/99 AND FURTHER AMENDED BY BY-LAW 6587 /05 PASSED THIS l7th DAY OF October l' N 2005 DAVE RYAN, MAYOR DEBI A. BENTLEY, CITY CLERK / ^ ~ / ~ ~ / I \ I \ \ '" ~ ~ N PT OF LOT 29 B F.e. RANGE 3 ~ 40R-23222, PART 1 & 2 '"" ~ lS::II] BUILO- TO-ZONE - - BUILDING ENVELOPE SCHEDULE II TO BY-LAW 5438/99 AS AMENDED BY BY-LAW 5556/99 AND FURTHER AMENDED BY BY-LAW 6587/05 PASSED THIS ¡ 7th DAY OF October l' N 2005 DAVE RYAN, MAYOR DEBI A. BENTLEY, CITY CLERK THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6588/05 Being a by-law to appoint By-law Enforcement Officers for certain Purposes (Parking Regulation -1100 Begley Street, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road North.) WHEREAS pursuant to section 15(1) of the Police Services Act, RS.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: 1. 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 are hereby authorized to enter at all reasonable times upon lands municipally known as: a) 1100 Begley Street: James Hunt Andrew Terry Allan Ronalds b) 650 & 705 Kingston Road, 1915 Denmar Road and 1467 Whites Road North: David Hutnyk Roger Daniel Douglas Sleep Nimalrajah Singarajah Allyson Peacock Mark Guppy 2. 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. 3. These appointments shall expire upon the person listed in section 1(a) ceasing to be an employee of Securitas Canada Ltd. or upon Securitas Canada Ltd. ceasing to be agents for 1100 Begley Street, or upon the persons listed in section 1 (b) ceasing to be employees of Knights on Guard or upon Knights on Guard ceasing to be agents for 650 or 705 Kingston Road, 1915 Denmar Road or 1467 Whites Road, or whichever shall occur first. BY-LAW read a first, second and third time and finally passed this 17th day of October, 2005. David Ryan, Mayor Debi Bentley, City Clerk NOTICE OF MOTION DATE: OCTOBER 17, 2005 MOVED BY: COUNCILLOR BRENNER SECONDED BY: COUNCILLOR MCLEAN WHEREAS outstanding elements of Bill 124 relating to building code knowledge and insurance requirements come into effect January 1, 2006; WHEREAS the Ontario Association of Architects and the Professional Engineers of Ontario have initiated a letter-writing campaign in an attempt to exempt their professions from the requirements of Bill 24; WHEREAS this could result in a greater incidence of errors in building permit submissions and increased municipal liability since the submissions of architects and engineers would not need to be insured; WHEREAS, be it hereby acknowledged that the City of Pickering strongly objects to the request of architects and engineers for exemption from Bill 124; THEREFORE, the City of Pickering hereby requests that the Building Advisory Council (BAC) be set up in January 2006 to address the following issues regarding liability recommended by the Building Regulatory Reform Advisor Group (BRRAG) but omitted in Bill 24, . Improved Code knowledge for builders/contractors, . Provisions for builder liability insurance for non-residential builders, . Longer liability insurance periods for designers; and NOW THEREFORE, be it hereby acknowledged that the City of Pickering requests that the Building Advisory Council (BAC) review the other recommendations of BRRAG that were omitted in Bill 124, which will create a more equitable building regulatory system in Ontario; AND FURTHER that support from the following be hereby requested: . Mark Holland, MP . Dan McTeague, MP . Wayne Arthurs, MPP . Minister Gerretsen . Attorney General. Oil¡ 0# Minutes I Meeting Summary TAXICAB ADVISORY COMMITTEE July 27, 2005 11 : 00 AM Chair - Councillor Brenner Attendees: Councillor Maurice Brenner Councillor Bill McLean Chris Del Duca Gurbax Singh Mann Ravder Bhardwaj Kewal Manocha . Guram Jagpal Singh Charles Trad Jaswant Singh Pannu Shafquat Fiyyaz Muhammad Naeem Khan Kimberly Thompson, City of Pickering Kevin Narraway, City of Pickering Debbie Watrous, City of Pickering Through a lengthy discussion the Committee concurred that the following items need to be addressed: > a full review and ongoing monitoring of the current taxicab by-law with recommendation to Council of a new by-law > to establish dialogue in the taxicab industry within the Region of Durham concerning cross border service > review first readings of Draft Bill 159, Section 39 and prepare a response on behalf of the Taxicab Advisory Committee Debbie to provide the members with a copy of Bill 159. Committee Objectives Moved by Charles Trad That the objectives of the Pickering Taxicab Advisory Committee include: Page 1 . To ensure the provision of a safe, efficient and orderly taxi service for the residents of the City of Pickering at the most reasonable cost; and . To protect the rights of the Public, the taxi industry and The Corporation of the City of Pickering; and . To ensure stability and security to the members of the taxi industry in the City of Pickering. CARRIED UNANIMOUSLY A power point presentation will be made at the next meeting outlining the concerns of the taxi industry. Staff to prepare presentation. The City Clerk will make a brief presentation of the Terms of Reference. Debi to provide. '3." ;y.. .Committèe.SttùctÛres & Mandate Councillor Brenner advised that this is an ongoing Committee with appointments made at the beginning of each new term of Council. 4. Next Meetin Wednesday, August 10, 2005, 11 :00 AM - Committee Room Meeting Adjourned: 12:20 PM Copy: 1. J. Quinn, Chief Administrative Officer Page 2 C¿ú¡ o~ Minutes / Meeting Summary TAXICAB ADVISORY COMMITTEE August 10,2005 11 : 00 AM Chair - Councillor Brenner Attendees: Regrets: Councillor Maurice Brenner Chris Del Duca Gurbax Singh Mann Ravinder Bhardwaj Guram Jagpal Singh Charles Trad Jaswant Singh Pannu Muhammad Naeem Khan Debi Bentley, City of Pickering Kimberly Thompson, City of Pickering Debbie Watrous, City of Pickering Shafquat Fiyyaz Kewal Manocha Bajwa Bhupinder Councillor Brenner welcomed those present and explained the structure of the Committee. He stated that the public would be invited to participate in the meetings but only members would be allowed to vote. He further stated that all minutes would be placed on the internet and the Committee meetings would be advertised on the Pickering Community Page of the News Advertiser. Moved by Guram Jagpal Singh That the minutes of the July 27,2005, Taxicab Advisory Committee Meeting, be adopted. CARRIED UNANIMOUSLY Page 1 "Deleation " Councillor Brenner commented on the concerns outlined by Ms. Anne Black, which included courtesy, safety, cleanliness and knowledge of the area. wer'iPoil1ìPrese"tatibn ' Taxicab Bv-Iaw Proposed Changes A lengthy discussion concerning the proposed changes to Taxicab By-law 2206/86 occurred with the following comments and suggestions: . ensure that changes do not put the driver at risk . the existing by-law does not outline clearly the number of plates currently in existence . establish a formula to calculate how many plates should be issued by the City and include in the by-law . the vehicle requirements must be outlined to include size, body style, maximum age and maximum kilometers . a clean-air certificate will be required . a vulnerable sectors check . wheel chair accessible taxis should be checked on a regular basis to ensure safety of seat belts and straps for the chairs . training of drivers assisting wheel chair patrons must be provided . periodic spot checks should be undertaken . fare structure must be reviewed with consideration given to gas and insurance costs . questioned if consideration should be given to clean air strategy such as "Green License on a Taxi" with a possible incentive program - discount license fee . a Durham wide testing program is being considered to ensure drivers have knowledge of the geographic area of the City, use of the street guide, the location of specific areas and the City's taxicab by-law . no smoking stickers must be affixed in all taxis, these are provided by the Region of Durham . Passenger Rights & Responsibilities information sheet must be posted in each taxi. A copy of the City of Oshawa sheet will be provided at the October meeting for review. . capital outlay should be responsibility of owner not driver . discuss need for emergency light system for taxicab driver protection . Ian ua e testin will not be a re uirement Kim/Debbie to request copy of Information Sheet. Page 2 . sensitivity training should be considered . drivers to provide dress code requirements . discussed driver's license - calendar year . prohibit vehicles with exterior rust or damage . ownership of vehicle must be owner of plate . review of tariffs and fares . cell phone use . waiting list - present needs to be updated - do we want to keep at all, should we set standards to be on list A power point presentation will be made at the October 18th Meeting outlining the pros and cons of leasing versus ownership. Other municipalities will be approached requesting information on the renewal requirements and fare structure. The City of Mississauga will be asked for a copy of the Taxicab By-law. If "êðélâforNêxt.Meeti n The following are the items to be included on the next agenda: . Terms of Reference . Representative of the Durham Regional Health Unit to comment on the No Smoking By-law . Representative of the Durham Regional Police to discuss safety for the public and the taxi drivers s'Scheéluleéli,.,'- . Wednesday, September 21, 2005, 11 :00 AM -Committee Room Wednesday, October 18, 2005, 11 :00 AM -Committee Room Lunch will be provided at both meetings. Meeting Adjourned: 1 :45 PM Copy: T. J. Quinn, Chief Administrative Officer Kim/Debbie to prepare presentation. Kim/Debbie to request information. Kim to invite representatives from the Police and Health Unit. Page 3 Ciú¡ o~ Minutes I Meeting Summary TAXICAB ADVISORY COMMITTEE September 21,2005 11 :00 AM Chair - Councillor Brenner Attendees: Guests: Regrets: Councillor Maurice Brenner Councillor Bill McLean Chris Del Duca Gurbax Singh Mann Guram Jagpal Singh Jaswant Singh Pannu Muhammad Naeem Khan Ravi Sarda Kewal Manocha Bajwa Bhupinder Debbie Shields, City of Pickering Kimberly Thompson, City of Pickering Debbie Watrous, City of Pickering Steve Marsh, Region of Durham, Health Department Christoper Tassone, Region of Durham, Health Department Mitch Colling, Durham Regional Police Shafquat Fiyyaz Moved by Guram Jagpal Singh That the minutes of the August 10, 2005, Taxicab Advisory Committee Meeting, be adopted. CARRIED Page 1 urhä Regional.HÈJãlthUnit. .. ..NoSmokin .B<-Iäw Steve Marsh and Christopher Tassone distributed and highlighted areas of the Regional Municipality of Durham By- law 66-2002 concerning the regulating of smoking. The following points were made: . Smoking in public vehicle is prohibited . No smoking signs must be posted in full view of passenger - no smoking signs were distributed . If smoking occurs in vehicle the owner, driver and passenger will be charged Confirmed companies could not offer a "smoking cab". The need for a communicative relationship between municipalities is imperative. This would assist in determining who among Pickering Taxi Drivers have been charged with picking up fares outside of their jurisdiction. Passengers who refuse to stop smoking can be asked to vacate, if they become aggressive call police. A letter was forwarded to the Taxi Industry advising that smoking and cell phone use is prohibited within taxicabs. It was suggested that a taxicab owner prepare a log, include information and require taxicab drivers to read and sign that they understand the regulations. If the owner has this information and provides it to the officer, charges may be dropped against the owner if smoking occurs in their cab. Consideration is being given to taxi driver training. Mitch Colling, Durham Regional Police provided the following comments with respect to safety for the taxi drivers: . Placement of a physical support or barrier should be considered . Police will respond if passenger becomes aggressive, abusive or threatening The Committee made the following recommendations: . the use of a code s stem for drivers in trouble Page 2 . an amber flashing light on the trunk of a taxicab to alert that the driver is in trouble . Kim to research Toronto regarding cameras in vehicles Kim to contact the City of Toronto The Committee was advised that if a crime is in progress or a driver is in trouble call 911. Durham Regional Police Crime Prevention Staff can assist companies with driver education. It was suggested that a manual be prepared for taxi drivers indicatin what to do in case of an emer enc . iEé!~i.lndu.sJrY'fc . . ':Fa.-eSt.-Octûtè . Kim, comparing the costs and income for a driver for a brokerage and an independent driver made a power point presentation. The following points were made: . Meters and fares will be changed at the same time . Kim has requested fare structures from various municipalities . It was suggested that the meter starts at $2.65 and $1.80 is added per kilometer . Justification is required for a 60 cent increase . Insurance increase and gas increase needs to be incorporated into new figures . Fare increase must be communicated to Council, the media and passengers . Comparison should be made between insurance costs and gas prices between 2001 and present . A handout should be prepared for passengers explaining increase " Ne:xfMèètin A special meeting to discuss fare structure has been called for Wednesday, October 5,2005 at 11 :00 am in the Council Chambers. Meeting Adjourned: 1 :45 PM Copy: 1. J. Quinn, Chief Administrative Officer Page 3 Minutes I Meeting Summary TAXICAB ADVISORY COMMITTEE October 5, 2005 11 :00 AM Chair - Councillor Brenner Attendees: Councillor Maurice Brenner Chris Del Duca Gurbax Singh Mann Guram Jagpal Singh Jaswinder Singh Pannu Ravi Sarda Kewal Manocha Carleton McKenzie Phillip Caruso Parmjit Jammu Kimberly Thompson, City of Pickering Debbie Watrous, City of Pickering Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) 1. Welcome Councillor Brenner welcomed the Committee Members and guests to the meeting. 2. Taxicab Fares Rogers Cable interviewed Councillor Brenner and an article appeared in the News Advertiser concerning the proposed fare increase and to date no negative comments have been received from the public. Councillor Brenner advised of the following: . the existing by-law will be amended and a new by-law will be implemented in 2006 . proper notification must be given to the public fourteen days prior to the report going before Council . a press release concerning this issue will be prepared on behalf of Committee . public notification will be placed in the newspaper . taxicab fares will be reviewed annually to avoid problems in the future Page 1 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) Moved by Kewal Manocha That Director, Corporate Services Report 77-05, concerning the Proposed Increase to Taxicab Fares be forwarded to Council for approval at their meeting of Monday, November 7, 2005. CARRIED UNANIMOUSLY 3. Next Meeting Wednesday, October 18, 2005 at 11 :00 am in the Main Committee Room. Meeting Adjourned: 11 :45 PM Copy: T. J. Quinn, Chief Administrative Officer Page 2 CitJ¡ ,,~ Minutes / Meeting Summary Waterfront Coordinating Committee Thursday, September 22, 2005 7:00 pm Main Committee Room Attendees: Absent: Councillor Brenner, Chair Richard Holborn, Division Head, Municipal Property & Engineering Larry Field David Steele Craig Bamford Jim Dike Bob Hester on behalf of Scott Berry Doris Chee Alison Haines (Recording Secretary) Chandra Gocool Don Terry Suzanne Barrett Michael Bellmore Scott Berry Kevin Tower John Sabean Judge David Stone Juliette Saunders Item Details & Discussion & Conclusion / (summary of discussion) Ref # Action Items / Status (include deadline as appropriate) ALL , ~te:":<~tatu~ o! Fr:e,!1c~l1Jél.n'S BayManageme!1~PI~I1'~, ,,' ate 'ic Plannin$essiòn ,':'.;,,' > ,", .',,;, '. ,", , , "\~::, ,,', .; Str:ategic Planning . , "Committee The Committee was notified that Council has endorsed the Management Plan for Frenchman's Bay and the Committee is on course for the adopted framework. The Committee should continue with action according to the Management Plan. The Division Head, Municipal Property & Engineering advised that the Regional Trail Network, as planned, was adopted by Council. Page 1 of 4 Item Details & Discussion & Conclusion / (summary of discussion) Ref # Discussion ensued about the layout of the trails, both Regional and local, and the development of maps. The Committee determined that the waterfront theme they developed is extremely important and they are dedicated to preserving and ensuring its success. Councillor Brenner requested the Division Head, Municipal Property & Engineering to retrieve the Council approved signage and theme previously decided upon to ensure it is clear to everyone involved. Councillor Brenner requested the Division Head, Municipal Property & Engineering to create a grid according to the recommendations of the Committee with respect to the trail, signage, connection points etc. and determine what is complete, where funding is required and the total cost. The issue of the Western Gateway was raised. It was noted that Toronto has proceeded with their plans for the bridge and have already sent it out to Tender. The City of Pickering now needs to catch up in order for there to be a collaborated effort. Councillor Brenner advised that the Western Gateway Project received Council commitment through staff and it is imperative that the City move as quickly as possible with this. Councillor Brenner directed Division Head, Municipal Property & Engineering to invite a company to submit a Request for Quote to compare with the cost estimate as provided by the designer for the Committee recommendation to Council. The Division Head, Municipal Property & Engineering was directed to bring report on Western Gateway Bridge to Council for approval. A Committee member suggested that the Director, Operations & Emergency Services contact the Waterfront Regeneration Trust to determine if the organization would be interested in contributing to the cost. The Division Head, Municipal Property & Engineering stated that there remains a legal issue with the bridge. Councillor Brenner advised him to contact the City Solicitor. The Division Head, Municipal Property & Engineering presented the Terms of Reference with res ect to Frenchman's Ba Storm Water Action Items / Status (include deadline as appropriate) ~"Riêhà . Division.H. . Page 2 of 4 Item Details & Discussion & Conclusion / (summary of discussion) Ref # Management Master Plan. There are three phases to the plan: 1. Characterization - Understanding the system including a collection and review of all relevant information for evaluation. 2. Analyses of alternative methods including a review of the goals and objectives of the Master Plan 3. Preparation of the master plan The Division Head, Municipal Property & Engineering proposed requesting Council endorsement to establish a Steering Committee to include senior staff members, external agencies, both Public and Government, and citizen representatives. The Waterfront Coordinating Committee concurred with the Steering Committee suggestion. A Committee Member suggested that perhaps the author of the previous Report could prove to be an invaluable resource for the Steering Committee. A Committee Member expressed their concern on exactly how the Steering Committee will be chosen. It was explained that City of Pickering staff and the Toronto and Region Conservation Authority will work together to propose an appropriate structure for the steering Committee. Another Committee Member wanted to ensure the reporting structure of the Steering Committee was so that they would report to the Waterfront Coordinating Committee. Councillor Brenner, David Steele and Craig Bamford are to brainstorm and prepare a notice for the News Advertiser Community page advertising an Open House to encourage citizen participation in the Steering Committee. The Division Head, Municipal Property & Engineering and Larry Field, TRCA to advise on what will be required of citizen members for the advertisement. A Committee Member wanted it noted that ground water concerns would be included in the Terms of Reference that will be submitted to Council for endorsement. The Committee was advised that a Request for Proposal for Frenchman's Bay Storm Water Management will be conducted in 2 phases. First through an expression of interest and from there the City will invite 4 companies to submit a formal RFP. After a discussion on an effort to conserve money and not conduct unnecessary research, Committee Member, David Steele is to Action Items / Status (include deadline as appropriate) Page 3 of 4 Item Details & Discussion & Conclusion I (summary of discussion) Ref # 6. organize a meeting between his contact at University of Toronto, City Staff and the Toronto and Region Conservation Authority to determine if the University is able to assist in providing information on studies they have completed. The Terms of Reference are to be submitted to Council in October for adoption. David Steele and Craig Bamford are to have chosen citizen representatives for the Steering Committee by this time. The successful firm from the Request for Proposal will be selected an recommended to City of Pickering Council at the January 16, 2006 meeting. Other Business & Ad"ournment Councillor Brenner requested the Division Head, Municipal Property & Engineering to contact Ontario Power Generation and determine if they are cutting down trees on their land that were planted by outside individuals and/or organizations. Next Meetin Meetings were arranged for: Thursday October 20, 2005 Thursday November 17,2005 The meeting adjourned at 9: 1 0 pm. Action Items / Status (include deadline as appropriate) ALL Page 4 of 4 Ciú¡ (J~ Minutes / Meeting Summary PICKERING ADVISORY COMMITTEE ON RACE RELATIONS & EQUITY October 6, 2005 7:00 PM Chair - Councillor Pickles Attendees: Councillor David Pickles Margaret Lazaras, Glengrove Public School Kirk Mark, Community Appointee Malvina Ram, Community Appointee Kim Kranc, City of Pickering Debbie Watrous, Committee Coordinator Regrets: Joe Mitschang, Durham Regional Police Service Jacqueline Moriarty, Community Appointee Fred Gibson, Community Appointee Nazneed Dindar, Durham District School Board Guest: Laura Drake, Pickering Museum Village Advisory Committee Paul Savel, Pickering Museum Village Advisory Committee . WêlcÖrriê&lntrÖductiÖris Councillor Pickles welcomed members and guests to the meeting. "2005 :Committê'êEvehts Heritaae Day Kim will confirm the date of this event with the Pickering Town Centre. Kim to contact and forward invitations. Correspondence will be forwarded to Mayor Ryan and Council requesting their availability and invitations will go out to groups inviting them to participate. Invitations will also be sent to Mark Holland, MP, Dan McTeague, MP and Wayne Arthurs, MPP. Essay Competition and Forum The Committee discussed this event making the following recommendations: . more than one judging panel required for the number of essays received, consideration should be given to one judging panel per age category . invitations should be forwarded to more schools and students requesting their participation Kim will forward invitations to the school boards. Page 1 . . members will be encouraged to consider an essay topic, judges and special guest . information on this event to be forwarded to school boards no later than November 15, 2005 . Dr. Karen Mock, Canadian Race Relations Foundation was suggested as the Key Note Speaker for the March Forum SuaQested Topics ~ "I like living in a multicultural community because" ~ "Diversity makes my community better because" ~ "How an individual culture contributes to the Canadian mosaic" Race Relations Forum Consideration was given to holding a round table forum in late April early May, inviting parents to speak about equity and diversity issues and resolutions to the issues. Notices concerning this forum could be prepared and distributed throughout schools, community services, the mall, the police, and invitations could be forwarded to core groups such as student and parent councils. 3. Pickering MÜ!:S~urTIAdvisory Commi.ttee -,..ä...esf,Wg~vintheWorld To ether Laura Drake, Chair and Paul Savel, Co-Chair of the Pickering Museum Advisory Committee were present to request the participation of the Race Relations & Equity Committee in the 3rd Annual Canadian Tapestry Event to be held on June 11, 2006 from 12:00 noon - 4:30 pm at the Pickering Museum Village. Laura advised that the first planning session will be held on October 25th at 7 pm in Meeting Room 2 at the Pickering Recreation Complex. Malvina Ram agreed to be Co-Chair of this event, representing the Race Relations & Equity Committee. An alternate volunteer is needed. 4. U comin Events Sport Initiative Kirk advised that he has been approached by a group of basketball coaches interested in sharin their ex ertise with All Members requested to consider an essay topic, judges and special guest. Malvina to attend meeting. Page 2 5. Pickering youth by holding basketball games every Saturday. These games would be held in school gymnasiums, would be open to anyone and would include nutritional, educational, famil /communit im ortance. Other Business a) Councillor Pickles advised that he is still interested in preparing a report to go before Council on the initiatives and successes of the Race Relations & Equity Committee. A copy of the City of Toronto's report will be requested. b) Kirk requested the City of Pickering consider ways to assist the victims of Katrina. c) Councillor Pickles distributed copies of a resolution passed by City Council concerning a press release from the Immigration of Watch Canada entitled 'London Bombings Vindicate British Immigration and Multiculturalsim Critic, Enoch Powell'. He also distributed copies of the response from the Honourable Dan McTeague. (Copy attached for members not in attendance) d) Councillor Pickles suggested the inclusion of a calendar on the City Website advising of upcoming events, religious dates and cultural celebrations. 6. Next Meetin Thursday, November 3, 2005, 7:00 PM - Main Committee Room ALL COMMITTEE MEMBERS ARE ASKED TO CONFIRM THEIR ATTENDANCE Meeting Adjourned: 9:10 PM Copy: 1. J. Quinn, Chief Administrative Officer Kim to request a copy. Page 3