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Home My WebLink About03/26/1979 . . . Council Minutes Roll Call Council Minutes Special Council Minutes Mrs. D. Boden Representing S.E.A.P. Mrs. K. Mackie re Solina Investments TOWN OF NEWCASTLE March 26th, 1979 Minutes of a regular meeting of Council held on March 26th, 1979 at 7:00 p.m. in the Bowmanville Council Chambers. Present were: Mayor Garnet B. Rickard Councillor Keith Barr Councillor William Clarke Councillor Ann Cowman - at 7:09 p.m. Councillor Jasper Holliday - at 7:05 p.m. Town Clerk J.M. McIlroy Absent: Councillor Ivan M. Hobbs (Due to Illness) Councillor Maurice Prout (On Vacation) Also Present: A.C. Guiler, Town Manager J. Dunham, Director of Public Works K. DeGroot, Treasurer T.A. Fanning, Director of Community Services Resolution #C-305-79 Moved by Councillor Barr, seconded by Councillor Clarke. THAT the minutes of the Council Meeting held on March 12th, 1979 be adopted as read. "CARRIED" Resolution #C-306-79 Moved by Councillor Clarke, seconded by Councillor Barr. THAT the minutes of the special Council Meeting held on March 16th, 1979 be adopted as read. "CARRIED" Mrs. D. Boden addressed Council with regard to a report of the Atomic Energy Control Board on the Interorganizational Working Group and requested Council to write to the A.E.C.B. requesting any further information on Reactor Safety. Mrs. K. Mackie, R.R. #2, Bowmanville, appeared before Council regarding an Industrial Building which had been built closer to her lot line than is permitted in the Zoning By-law. She requested that Council support her at the O.M.B. Hearing regarding the Committee of Adjustment Decision on this matter on April 25th, 1979. . . . Council Minutes Mrs. Cunningham re Appointments to Newcastle Arena Board Mr. F. Obrist re Permission to Retain House Receiving Delegations Petition re Residential Zoning at Hunt & Nelson Street (Foresters) Canadian Foresters Recess Disposition of Communications - 2 - March 26th, 1979 Mrs. Bonny Cunningham of Stevenson Road in the Village of Newcastle appeared before Council to oppose the proposed appointments to the Newcastle Arena Community Centre Board as recommended at the Public Meeting on March 20th, 1979. Mr. Fred Obrist appeared before Council requesting that he be permitted to retain his present house on his lot while constructing a new one. Resolution #C-306-79(a) Moved by Councillor Holliday, seconded by Councillor Cowman. THAT the delegations of Mr. Bons, Mr. Dakin and Mr. Yourth which were not listed on the Agenda, be heard. "CARRIED" Mr. S. Bons of 15 Hunt Street, Bowmanville, appeared before Council to present a petition in favour of the proposal of the Canadian Foresters to construct a 115 unit housing development including 60 suite Senior Citizen apartments on property known as the Canadian Canning Factory at the corner of Hunt and Nelson Streets on Lots 11 & 12, Concession 1. Mr. Milton Dakin and Mr.Ormand Yourth appeared before Council in support of the Canadian Foresters Project as mentioned above. Resolution #C-307-79 Moved by Councillor Holliday, seconded by Councillor Cowman. THAT there be a five minute recess. "CARRIED" Resolution #C-308-79 Moved by Councillor Barr, seconded by Councillor Clarke. THAT the Town Clerk's Disposition of Communications to be received for information be approved except for Items 5, 7, 9 and 11. "CARRIED" 1. Office of the Leader of the New Democratic Party dated March 2nd, 1979 re "AMO Response to the Provincial Announcement of 1979 Transfer Payments to Municipalities", be received for information. 2. Bowmanville Central Business Improvement Area Board of Management re Minutes of Meeting held on November 28th, 1978, be received for information. . . . Council Minutes City of Orillia re Small Urban Municipalities Conference - 3 - March 26th, 1979 3. Ganaraska Region Conservation Authority re Minutes of Meeting held on February 1st, 1979, be received for information. 4. Town of Newcastle Museum Board re Minutes of meeting held on March 14th, 1979, be received for information. 6. Ontario ~~nicipal Board re Board Order approving By-Law No. 78-85 (Mickle), be received for information. 8. Ontario Municipal Board re Decision of an Appeal by Esther Stewart and Robert Stewart from a Decision of the Land Division Committee, be received for information. 10. Ontario Municipal Board re Board Order approving application for construction of a storage reservoir and feederman on Arthur Street in the Town of Newcastle, and to issue the necessary debentures and to sign the necessary Agreement, be received for information. 12. Central Lake Ontario Conservation Authority dated March 9th, 1979 addressed to Councillor Ann Cowman re development proposals in the Courtice Area, be received for information. 13. Central Lake Ontario Conservation Authority Minutes of meeting held on March 20th, 1979, be received for information. 14. Mr. Sam Cureatz dated March 14th, 1979 enclosing copies of Hansard of submission made by Senior Councillor Holliday and Acting Mayor Barr to the Ontario Hydro's Board of Directors be received for information. Resolution #C-309-79 Moved by Councillor Cowman, seconded by Councillor Barr. THAT Item No. 5 being a letter from the City of Orillia regarding the Conference of the Organization of Small Urban Municipalities, be received for information. "CARRIED AS AMENDED" Resolution #C-3l0-79 Moved by Councillor Barr, seconded by Councillor Clarke. THAT the foregoing Resolution be amended to provide that all Councillors and/or their spouses be permitted to attend the Organization of Small Urban Municipalities Conference at Orillia, Ontario on May 3rd, 4th and 5th, 1979; AND THAT the Councillors advise the Town Clerk as soon as possible of their intention as to whether they plan to attend or not. "CARRIED" Council Minutes . O.M.B. re Decision of Lucas Appeal of Land Division Committee Decision Organization of Small Urban Municipali ties Conference . Social Planning Advisory Group of Durham Region re Group Homes Planning & Development Report of Public Meeting . Planning & Development Committee Report March 19/79 - 4 - March 26th, 1979 Resolution #C-3ll-79 Moved by Councillor Barr, seconded by Councillor Holliday. THAT Items 7 and 9, being the Decision of the Ontario Municipal Board regarding Gary and Lorraine Lucas, be received for information. "CARRIED" Resolution #C-3l2-79 Moved by Councillor Barr, seconded by Councillor Holliday. THAT Item 11 being a communication from the Organization of Small Urban Municipalities regarding a Conference on May 4th, 5th and 6th, 1979 be received for information. "CARRIED" Resolution #C-3l3-79 Moved by Councillor Cowman, seconded by Councillor Clarke. THAT the letter dated February 5th, 1979 from the Social Planning Advisory Group of Durham Region be received and that Council concur with the principal of Group Homes and provision be made within the text of the District Plans which would satisfy the objectives of the Social Planning Advisory Group. "CARRIED" Resolution #C-3l4-79 Moved by Councillor Barr, seconded by Councillor Clarke. THAT the Planning and Development Committee Vice-Chairman's report of a public meeting held on March 19th, 1979 be adopted. "CARRIED" Resolution #C-3l5-79 Moved by Councillor Barr, seconded by Councillor Clarke. THAT the Planning and Development Committee Vice-Chairman's Report of meeting held on March 19th, 1979 be adopted except for Items 1 and 3. "CARRIED" . . . Council Minutes - 5 - March 26th, 1979 Resolution #C-3l6-79 Moved by Councillor Cowman, seconded by Councillor Holliday. THAT Item No. 1 of the foregoing Report be adopted. "CARRIED AS AMENDED" Resolution #C-3l7-79 Moved by Councillor Cowman, seconded by Councillor Holliday. THAT the foregoing Resolution be amended by deleting the words "given approval" and substituting the word "received". "CARRIED" Resolution #C-3l8-79 Moved by Councillor Cowman, seconded by Councillor Holliday. THAT Item No. 3 of the foregoing Report be adopted. "CARRIED AS AMENDED" Resolution #C-3l9-79 Moved by Councillor Cowman, seconded by Councillor Holliday. THAT the foregoing Resolution be amended to provide that the matter be referred to the Town Manager and Town Clerk to communicate with the objectors and report back to Council. "CARRIED" Resolution #C-320-79 Moved by Councillor Cowman, seconded by Councillor Barr. THAT Items 16 and 17 of the foregoing Report be reconsidered. "CARRIED" Councillor Holliday indicated that he had a possible "Conflict of Interest" regarding Real Estate in connection with Item 16. Resolution #C-32l-79 Moved by Councillor Cowman, seconded by Councillor Clarke. THAT Item No. 16 be referred back to the Planning Staff for further discussion with the Regional Planning Staff. "MOTION LOST" . . . Council Minutes Community Services Committee Report - 6 - March 26th, 1979 Resolution #C-322-79 Moved by Councillor Cowman, seconded by Councillor Clarke. THAT Item No. 16 be referred back to the Planning and Development Committee with the object of considering the area of the South West part of Special Study Area 11 to be left as Open Space for possible joining to the Darlington Provincial Park. "MOTION LOST" Resolution #C-323-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT Item No. 17 of the foregoing Report be adopted. Recorded Vote Councillor Barr.......yea Councillor Clarke.....Yea Councillor Cowman.....Nay Councillor Holliday...Yea Mayor Rickard..... ....Yea "CARRIED" Resolution #C-324-79 Moved by Councillor Clarke, seconded by Councillor Barr. THAT the Community Services Committee Chairman's Report of meeting held on March 20th, 1979 be adopted except for Item No.3. "CARRIED" Resolution #C-325-79 Moved by Councillor Holliday, seconded by Councillor Clarke. THAT Item No. 3 of the foregoing Report be adopted. "CARRIED AS AMENDED" Resolution #C-326-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT Item No. 3 of the foregoing Report be referred to the Committee of the Whole so that further work can be carried out on the proposed agreement. "CARRIED AS AMENDED" . . . Council Minutes Treasurer's Report re Public Works Budget Annual Building Report - 1978 Appointments to the Newcastle Arena Community Centre Board Applications for Amendments to Zoning By-laws - 7 - March 26th, 1979 Resolution #C-327-79 Moved by Councillor Cowman, seconded by Councillor Clarke. THAT the foregoing amendment be further amended to provide that the Director of Community Services review the latest plans and outline the estimated operating costs to the Committee of the Whole. "CARRIED" Resolution #C-328-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT the Treasurer's Report dated March 21st, 1979 regarding the Public Works Budget in the amount of $2,588,165 be approved and the Budget forwarded to the Ministry of Transportation and Communications. "CARRIED" Resolution #C-329-79 Moved by Councillor Cowman, seconded by Councillor Clarke. THAT the Chief Building Official's Annual Building Report for the year 1978, be received and filed for information. "CARRIED" Resolution #C-330-79 Moved by Councillor Clarke, seconded by Councillor Barr. THAT the Town Clerk's Report of a special meeting with regard to appointments to the Newcastle Arena Community Centre Board, be approved. "CARRIED" Resolution #C-331-79 Moved by Councillor Cowman, seconded by Councillor Clarke. THAT the Town Clerk's Report dated March 20th, 1979 regarding applications for amendments to Zoning By-laws be received for information. "CARRIED" . . . Council Minutes Planning & Development Committee Report March 23/79 I.B.I. to Present Court ice Urban Plan - 8 - March 26th, 1979 Resolution #C-332-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT the Planning and Development Committee Vice-Chairman's Report of meeting held on March 23rd, 1979 be adopted as stated. "CARRIED AS AMENDED" Resolution #C-333-79 Moved by Councillor Holliday, seconded by Councillor Clarke. THAT Item No.1 of the foregoing Report be amended to read as follows:- "It was recommended to Council that the Courtice Urban Area Plan be received as amended and presented to the Public as follows: - I} Meeting on April 11, 1979 for information purposes only (Plan to be explained to public and public requested to respond with written comments and questions and to prepare written submissions and/or briefs to be discussed in two weeks). 2} Meeting on April 25, 1979 to discuss written submissions and questions or briefs arising out of the meeting on April 11. and the Planning Department be authorized to reproduce the Plan document on newsprint for public distribution to each mail box in the Courtice Urban Area prior to April 11, 1979." "CARRIED" On being put to a vote Resolution #C-332-79 was "Carried as Amended" by the following Recorded Vote:- Councillor Barr.......Nay Councillor Clarke.....Yea Councillor Cowman.....Nay Councillor Holliday...Yea Mayor Rickard.........Yea Resolution #C-334-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT I.B.I. be retained for the presentation of the Courtice Urban Plan on April 11th and 25th, 1979. Recorded Vote Councillor Barr.......Yea Councillor Clarke... ..Yea Councillor Cowman.....Nay Councillor Holliday. .Yea Mayor Rickard...... ..Yea "CARRIED" . . . Council Minutes Striking Committee Report Curfew By-Law No. 79-22 - 9 - March 26th, 1979 Resolution #C-335-79 Moved by Councillor Barr, seconded by Councillor Clarke. THAT the report of the Striking Committee dated ~mrch 26th, 1979 be adopted. "CARRIED" Resolution #C-336-79 Moved by Councillor Holliday, seconded by Councillor Clarke. THAT the hour of the meeting be extended to 11:30 p.m. "CARRIED" Resolution #C-337-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT leave be granted to introduce By-Law No. 79-22 being a by-law to provide for the payment of Net Revenue derived from the issue of Parking Tickets into the Parking Reserve Fund, and that the said by-law be now read a first time. "CARRIED" Resolution #C-338-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT the second reading of By-Law No. 79-22 be approved. Recorded Vote Councillor Barr. .....Yea Councillor Clarke. ...Yea Councillor Cowman... .Yea Councillor Holliday..Yea Mayor Rickard....... .Nay "CARRIED" Resolution #C-339-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT the third and final reading of By-Law No. 79-22 be approved. Recorded Vote Councillor Barr. ....Yea Councillor Clarke. ..Yea Councillor Cowman...Yea Councillor Holliday. ...Yea Mayor Rickard..........Nay "CARRIED" . . . Council Minutes By-Law No. 79-23 By-Law No. 79-24 - 10 - March 26th, 1979 Resolution #C-340-79 Moved by Councillor Clarke, seconded by Councillor Barr. THAT leave be granted to introduce By-Law No. 79-23 being a by-law to amend Restricted Area By-Law Number 2111 of the former Township of Darlington, as amended, and that the said by-law be now read a first time. "CARRIED" Resolution #C-34l-79 Moved by Councillor Clarke, seconded by Councillor Barr. THAT the second reading of By-Law No. 79-23 be approved. "CARRIED" Resolution #C-342-79 Moved by Councillor Clarke, seconded by Councillor Barr. THAT the third and final reading of By-Law No. 79-23 be approved. "CARRIED" Resolution #C-343-79 Moved by Councillor Barr, seconded by Councillor Cowman. THAT leave be granted to introduce By-Law No. 79-24 being a by-law to regulate the use of lands and the character, location and use of buildings and structures in certain areas of the former Village of Newcastle, and that the said by-law be now read a first time. "CARRIED" Resolution #C-344-79 Moved by Councillor Barr, seconded by Councillor Cowman. THAT the second reading of By-Law No. 79-24 be approved. "CARRIED" . . . Council Minutes By-Law No. 79-25 Orono Telephone Ratepayers Association - 11 - March 26th, 1979 Resolution #C-345-79 Moved by Councillor Barr, seconded by Councillor Cowman. THAT the third and final reading of By-Law No. 79-24 be approved. "CARRIED" Resolution #C-346-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT leave be granted to introduce By-Law No. 79-25 being a by-law to authorize the entering into a Development Agreement with Mamie Industrial Park Limited, and that the said by-law be now read a first time. "CARRIED" Resolution #C-347-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT the second reading of By-Law No. 79-25 be approved. "CARRIED" Resolution #C-348-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT the third and final reading of By-Law No. 79-25 be approved. "CARRIED" Resolution #C-349-79 Moved by Councillor Clarke, seconded by Councillor Barr. THAT in reference to the following Resolution #C-255-79 authorizing Councillors Clarke and Barr to attend the Orono Telephone Ratepayers meeting in an official capacity: "THAT the correspondence from the Orono Telephone Ratepayers dated February 27th, and March 6th, 1979 be received for information and Council support the Ratepayers position in principle and Councillors Barr and Clarke, or their appointees, be appointed as Council's representatives." There were many concerns raised by the citizens in particular the restrictions they had by the necessity of placing long distance calls both telephoning to places of employment or services (hospitals, etc.) and in providing service for people (Continued) . . . Council Minutes Town Manager I s Report re Planning Director Mackie re O.M.B. Hearing Solina Investments - 12 - March 26th, 1979 who have to use the course of conducting free area. tel phone extensively in the daily their business outside the toll In view of these concerns, therefore, be it resolved that this Council co-operate with the Orono Telephone Ratepayers Association in assisting them in whatever manner we can within our jurisdiction toward resolving the concerns expressed and that this expression of interest be forwarded to: Orono Telephone Ratepayers Association Council of the Regional Municipality of Durham Mr. Sam Cureatz, M.P.P. Mr. Allan Lawrence, M.P. Ontario Telephone Service Commission Orono Community Telephone Company Community Telephone Company of Ontario Limited and if accepted that the Mayor be authorized to appoint a Select Committee from this Council to co-operate with the Orono Telephone Ratepayers Association in the forementioned manner. "CARRIED" Resolution #C-350-79 Moved by Councillor Holliday, seconded by Councillor Clarke. THAT the Town Manager's Confidential Report dated March 26th, 1979 regarding position of Planning Director be received for information. "CARRIED" Resolution #C-35l-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT the Council of this municipality supports the position of Mrs. K. Mackie and the Committee of Adjustment at the Ontario Municipal Board Hearing on April 25th, 1979, with regard to a five foot infringement of By-law 2111. "CARRIED" . . . Council Minutes Canadian Order of Foresters re Senior Citizen Housing Mr. F. Obrist re Permission to Retain Present Home 1. B . 1. Group re Community District Plan Proposal for Bowmanville Urban Area - 13 - March 26th, 1979 Resolution #C-352-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT this Council acknowledges the Canadian Order of Foresters presentation of March 26th, 1979 relative to Senior Citizen housing and the matter be referred to the Planning and Development Committee. "CARRIED" Resolution #C-353-79 Moved by Councillor Cowman, seconded by Councillor Holliday. THAT the petition received from Mr. Bons regarding the Canadian Order of Foresters Housing Proposal be received and filed for information. "CARRIED" Resolution #C-354-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT this Council refers the request of Mr. Fred Obrist to construct a second home while living in the first home to the Town Manager for a report to the next Council Meeting. "CARRIED" Resolution #C-355-79 Moved by Councillor Holliday, seconded by Councillor Barr. WHEREAS by Resolution #C-200-79 Council adopted the Planning and Development Committee Chairman's Report of meetings held on February 15th, 1979 and February 19th, 1979 which contained the following recommendation:- "THAT 1.B.1. Group be engaged to prepare the Community District Plan Proposals for the Bowmanville Urban Area in accordance with their submission dated January 30th, 1979, to be billed on an hourly rate, not to exceed the upset figure of $37,700. to be completed in sixteen weeks from the date of the signing of the contract with a penalty of $100.00 per day if this time frame is exceeded." (Continued) I e - COlUlcil Minutes S.E.A.P. re A.E.C.B. Reactor Safety Court ice Tennis Courts By-Law No. 79-26 - 14 - March 26th, 1979 Resolution #C-355-79 (Continued) AND WHEREAS the Council has reviewed the proposal call as sent to the various consultants which outlined the Terms of Reference for the Community District Plan - Bowrnanville. AND WHEREAS Council did not include the provisions for a penalty clause in such proposal as indicated in Planning and Development Committee Resolution #PD-118-79. Therefore, be it resolved that the provisions for a penalty clause in Resolution #PD-118-79 be declared inoperative. "CARRIED" Resolution #C-356-79 Moved by Councillor Cowman, seconded by Councillor Holliday. THAT COlUlcil write to the Atomic Energy Control Board, c/o Mr. J. Jenkins, Box 1046, Ottawa, Ontario, indicating that Council has seen the report of the Inter-Organizational Working Group and would appreciate receiving any further information on reactor safety. "CARRIED" Resolution #C-357-79 Moved by Councillor Holliday, seconded by Councillor Cowman. THAT the Community Services Committee be requested to look into the matter of Court ice Tennis Courts as per Resolution #CS-234-78 dated September 25th, 1978. "CARRIED" Resolution #C-358-79 Moved by Councillor Barr, seconded by Councillor Clarke. THAT leave be granted to introduce By-Law No. 79-26 being a by-law to confirm the proceedings of the Council of the Town of Newcastle at the meetings held on March 16th and March 26th, 1979, and that the said by-law be now read a first time. "CARRIED" . . . Council Minutes Adjournment - 15 - ~~rch 26th, 1979 Resolution #C-359-79 Moved by Councillor Barr, seconded by Councillor Clarke. THAT the second reading of By-Law No. 79-26 be approved. "CARRIED" Resolution #C-360-79 Moved by Councillor Barr, seconded by Councillor Clarke. THAT the third and final reading of By-Law No. 79-26 be approved. "CARRIED" Resolution #C-36l-79 Moved by Councillor Holliday, seconded by Councillor Cowman. THAT the meeting be adjourned at 11:30 p.m. "CARRIED" G.B. Rickard Mayor "'~//J J .M. McIlroy Clerk