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HomeMy WebLinkAbout04/09/1979 . . . Council Minutes Roll Call Council Minutes Special Council Minutes Mr. Henderson re By-Law No. 78-117 Butcher Shop Mr. J. Barnard re Courtice Storm Drainage Easements Bowmanville Jaycees re Bowmanville Week TOWN OF NEWCASTLE April 9th, 1979 Minutes of a regular meeting of Council held on April 9th, 1979 at 9:30 a.m. in Court Room No.2. Present were: Mayor Garnet B. Rickard Councillor Keith Barr Councillor William Clarke Councillor Ann Cowman Councillor Ivan M. Hobbs - until 6:00 p.m. Councillor Jasper W. Holliday - at 9:40 a.m. Councillor Maurice Prout Town Clerk J.M. Mcilroy Also Present: A.C. Guiler, Town ~mnager J. Dunham, Director of Public Works K. DeGroot, Treasurer T.A. Fanning, Director of Community Services D. Smith, Director of Planning Resolution #C-367-79 Moved by Councillor Barr, seconded by Councillor Clarke. THAT the minutes of the Council Meeting held on March 26th, 1979 be adopted as read. "CARRIED" Resolution #C-368-79 Moved by Councillor Cowman, seconded by Councillor Hobbs. THAT the minutes of the Special Council Meeting held on April 2nd, 1979, be adopted as read. "CARRIED" Mr. Henderson appeared before Council relative to Rezoning of his Butcher Shop (See By-Law No. 78-117). Mr. J. Barnard appeared before Council regarding the easements required for the Courtice Storm Drainage. He wished Council to ensure him that negotiations will be carried out prior to any definite action being taken. He was assured of this. Mr. L. Pooler of the Bowmanville Jaycees appeared before Council regarding the new location for Bowmanville Week. He indicated that the new location would be on the East side of Simpson Road South in the vacinity of Port Darlington Marina. . . . Council Minutes Frank Street Drainage Mr. & Mrs. R. Osborne re Road Closing By-Law 79-28 Recess Disposition of Communications Mr. Cureatz re Interest Rates on Overdue Taxes - 2 - April 9th, 1979 Mrs. Pickard and Mrs. Sawler of Frank Street, Bowmanville, appeared before Council regarding drainage on Frank Street. They objected to draining water on their property which was coming from other peoples property. Mr. D. Boychyn, Solicitor for Mr. & Mrs. R. Osborne, appeared before Council to object to the passing of By-law No. 79-29. Resolution #C-369-79 Moved by Councillor Holliday, seconded by Councillor Prout. THAT there be a ten minute recess. "CARRIED" Resolution #C-370-79 Moved by Councillor Hobbs, seconded by Councillor Prout. THAT the Town Clerk's disposition of communications to be received for information be approved except for Items 1, 2, 3, 4, 7, 8, 9, 10 and 11. "CARRIED" 5. Ganaraska Region Conservation Authority re Minutes of meetings held on February 22nd, March 8th, and March 14th, 1979, be received for information. 6. Central Lake Ontario Conservation Authority dated March 23rd, 1979 regarding Master Drainage Study for Courtice, be received for information. 12. Ganaraska Region Conservation Authority re Minutes of Meetings held on March 21st and 28th, 1979, be received for information. Resolution #C-37l-79 Moved by Councillor Hobbs, seconded by Councillor Cowman. THAT the letter dated March 28th, 1979 from Mr. Sam Cureatz, M.P.P., regarding interest rates on overdue taxes, be received for information. "CARRIED AS AMENDED" . . . Council Minutes Ontario Hydro re 500 kV Transmission Line Humphreys Boychyn & Hillman re Notice of Hwy. Closing By-Law No. 79-28 Committee of Adjustment re Solina Investments Appeal from Decision Ministry of Intergovernmental Affairs re Aggregates - 3 - April 9th, 1979 Resolution #C-372-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT the foregoing Resolution be amended to provide that the reply is unsatisfactory by reason that it is not positive. "CARRIED" Resolution #C-373-79 Moved by Councillor Prout, seconded by Councillor Cowman. THAT the letter dated March, 1979, from Ontario Hydro regarding Newsbriefs....Lennox to Cherrywood 500 kV Transmission Line, be received for information. "CARRIED" Resolution #C-374-79 Moved by Councillor Holliday, seconded by Councillor Cowman. THAT the letter dated April 2nd, 1979 from Humphreys, Boychyn & Hillman, be discussed together with By-Law No. 79-28, later in the meeting. "CARRIED" Resolution #C-375-79 Moved by Councillor Cowman, seconded by Councillor Clarke. THAT the memorandum dated March 30th, 1979 from the Committee of Adjustment be received for information and referred to the Town Manager. "CARRIED" Resolution #C-376-79 Moved by Councillor Barr, seconded by Councillor Prout. THAT the letter dated March 20th, 1979 from the Ministry of Intergovernmental Affairs regarding aggregates be received for information. "CARRIED AS AMENDED'^' . . . Council Minutes Board of Management re Downtown Parking Adjournment - 4 - April 9th, 1979 Resolution #C-377-79 Moved by Councillor Holliday, seconded by Councillor Prout. THAT the Minister of Intergovernmental Affairs be requested to include serious consideration for a method compensation regarding excess road damage to municipalities affected by gravel truck damage as his communication did not address itself to this particular subject. "CARRIED" Resolution #C-378-79 Moved by Councillor Prout, seconded by Councillor Clarke. THAT the letter dated April 3rd, 1979 from the Board of Management of the Bowmanville Central Business Improvement Area be received for information. "CARRIED AS AMENDED" Resolution #C-379-79 Moved by Councillor Holliday, seconded by Councillor Prout. THAT the foregoing Resolution be amended to provide that the communication be referred to the Public Works Committee for recommendation. "CARRIED" Resolution #C-380-79 Moved by Councillor Hobbs, seconded by Councillor Barr. THAT the meeting be adjourned until 1:15 p.m. "CARRIED AS AMENDED" Resolution #C-38l-79 Moved by Councillor Cowman, seconded by Councillor Holliday. THAT the foregoing Resolution be amended to provide that the communications be completed before adjournment. "CARRIED" . . . Council Minutes Board of Management re Minutes March 19/79 Bowmanville Jaycees re Bowmanville Week - 1979 O.M.B. Decision re Ovens St. Elizabeth of Hungary Church re Picnic - 5 - April 9th, 1979 Resolution #C-382-79 Moved by Councillor Prout, seconded by Councillor Cowman. THAT the minutes of the Board of Management for the Bowmanville Central Business Improvement Area, be received for information. "CARRIED" Resolution #C-383-79 Moved by Councillor Prout, seconded by Councillor Holliday. THAT the Bowmanville Jaycees request to conduct Bowmanville Week from June 30th, 1979 to July 7th, 1979 in keeping with their proposal of April 5th, 1979 to be located at the Simpson Avenue South opposite the Marine, as suggested, be approved, subject to necessary approvals including Liability Insurance and that the Liquor Licence Board of Ontario be so advised. "CARRIED" Resolution #C-384-79 Moved by Councillor Holliday, seconded by Councillor Prout. THAT the Ontario Municipal Board Decision of an appeal by the Region of Durham and the Town of Newcastle from a decision of the Land Division Committee - Frank G. Ovens, be received for information. "CARRIED" Resolution #C-385-79 Moved by Councillor Prout, seconded by Councillor Barr. THAT the Town Manager's recommendation that the request contained in the letter dated March 21st, 1979 from St. Elizabeth of Hungary Church to hold a picnic on Lots 23, 24, Concession 3N, former Township of Clarke, where beer will be served on June 16th, 1979, be approved. "CARRIED" . . . Council Minutes Assoc. of Counties & Regions of Ontario re Seminar Planning & Development Committee Report March 30/79 Finance & Administration Committee Chairman's Report - 6 - April 9th, 1979 Resolution #C-386-79 Moved by Councillor Prout, seconded by Councillor Barr. THAT the Town Manager's Recommendation dated March 27th, 1979 that all members of Council be authorized to attend the Association of Counties and Regions of Ontario Seminar on Urban-Rural Relations, be approved. "CARRIED" Resolution #C-387-79 Moved by Councillor Cowman, seconded by Councillor Clarke. THAT the Planning & Development Committee Chairman's Report of meeting held on March 30th, 1979 be approved. Resolution #C-388-79 Moved by Councillor Hobbs, seconded by Councillor Cowman. THAT the foregoing Resolution be tabled for information with regard to checking that the boundaries of the plan go beyond the Village of Newcastle. "CARRIED" Resolution #C-389-79 Moved by Councillor Prout, seconded by Councillor Barr. THAT the Finance and Administration Committee Chairman's Report of meeting held on April 2nd, 1979 be adopted except for Item No.6. "CARRIED" Resolution #C-390-79 Moved by Councillor Holliday, seconded by Councillor Prout. THAT Item No. 6 of the foregoing Report be adopted. "CARRIED" Council Minutes . Public Works Committee Report April 3/79 . . - 7 - April 9th, 1979 Resolution #C-39l-79 Moved by Councillor Prout, seconded by Councillor Holliday. THAT the Public Works Committee Chairman's Report of meeting held on April 3rd, 1979 be adopted except for Items 6, 8, 11, 19, 20 and 22. "CARRIED" Resolution #C-392-79 Moved by Councillor Holliday, seconded by Councillor Prout. THAT Item No. 6 of the foregoing Report be adopted. "CARRIED" Resolution #C-393-79 Moved by Councillor Holliday, seconded by Councillor Clarke. THAT Item No. 8 of the foregoing Report be adopted. "CARRIED" Resolution #C-394-79 Moved by Councillor Holliday, seconded by Councillor Clarke. THAT Item No. 11 of the foregoing Report be adopted. "CARRIED" Resolution #C-395-79 Moved by Councillor Holliday, seconded by Councillor Clarke. THAT Item No. 19 of the foregoing Report be adopted. "CARRIED AS AMENDED" Resolution #C-396-79 Moved by Councillor Prout, seconded by Councillor Holliday. THAT Frank Street storm drainage scheme be referred back to the Public Works Committee to investigate other schemes to alleviate flooding in back lots at the next Public Works Meeting. "CARRIED" . . . Council Minutes Finance & Administration Committee - Action Taken in Camera Henderson Rezoning re By-Law No. 78-117 - 8 - April 9th, 1979 Resolution #C-397-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT Item No. 20 of the foregoing Report be adopted. Resolution #C-398-79 Moved by Councillor Cowman, seconded by Councillor Clarke. THAT Item No. 20 be referred back to the Public Works for clarification of Terms of Reference and cost. "CARRIED" Resolution #C-399-79 Moved by Councillor Holliday, seconded by Councillor Barr. THAT Item No. 22 of the foregoing report be adopted. Resolution #C-400-79 Moved by Councillor Hobbs, seconded by Councillor Cowman. THAT Item 22 of the foregoing Report be referred back to the Public Works Committee for rewording. "CARRIED" Resolution #C-40l-79 Moved by Councillor Prout, seconded by Councillor Barr. THAT the Town Clerk's Confidential Report of action taken in camera during the Finance & Administration Committee meeting held on April 2nd, 1979 be adopted. "CARRIED" Resolution #C-402-79 Moved by Councillor Holliday, seconded by Councillor Cowman. THAT the report of the Curren Operations Planner dated April 2nd, 1979 regarding Amendment to the Darlington Zoning By-Law - William Henderson (By-Law No. 78-117), be received for information. "CARRIED" . . . Council Minutes Town Clerk's Report re Applications for Rezoning F. Obrist Agreement Buil ding Progress Report for March, 1979 "Conflict of Interest" Local Study Group on Hydro Restructuring Report - 9 - April 9th, 1979 Resolution #C-403-79 Moved by Councillor Cowman, seconded by Councillor Hobbs. THAT the Town Clerk's Report dated April 5th, 1979 regarding applications for amendments to the Zoning By-Laws be received for information. "CARRIED" Resolution #C-404-79 Moved by Councillor Cowman, seconded by Councillor Hobbs. THAT the Town Manager's Report dated April 4th, 1979 regarding the agreement with Fridolin John Obrist be approved and the Mayor and Clerk be authorized to sign the agreement on behalf of the Town of Newcastle. "CARRIED" Resolution #C-405-79 Moved by Councillor Cowman, seconded by Councillor Clarke. THAT the Building Progress Report for the month of March, 1979 be received and filed for information. "CARRIED" Councillor Clarke was in the Chair during the discussion and voting on the foregoing Resolution as Mayor Rickard indicated that he had a possible "Conflict of Interest" and took no part in the discussion or voting. Resolution #C-406-79 Moved by Councillor Prout, seconded by Councillor Barr. THAT the report of the Local Study Group on Hydro Restructuring Meeting held on April 5th, 1979 be approved. Recorded Vote Councillor Barr... .....Nay Councillor Clarke......Nay Councillor Cowman.. ....Nay Councillor Hobbs.......Nay Councillor Holliday.....yea Councillor Prout... .....yea Mayor Rickard...........yea "MOTION LOST" . . . Council Minutes By-Law No. 78-117 (Henderson) - 10 - April 9th, 1979 Resolution #C-407-79 Moved by Councillor Cowman, seconded by Councillor Hobbs. THAT the foregoing Report be received for information and filed. "CARRIED" Resolution #C-408-79 Moved by Councillor Cowman, seconded by Councillor Prout. THAT By-Law No. 78-117 be dealt with at this time. "CARRIED" Resolution #C-409-79 Moved by Councillor Hobbs, seconded by Councillor Prout. THAT the second reading of By-Law No. 78-117 be lifted from the table. "CARRIED" Resolution #C-410-79 Moved by Councillor Cowman, seconded by Councillor Holliday. THAT By-Law No. 78-117 be amended in second reading to include definition of "Butcher Shop". "CARRIED" Resolution #C-411-79 Moved by Councillor Holliday, seconded by Councillor Prout. THAT the definition of "Butcher Shop" (Clause 1) be amended to read as follows:- "means a building or part of a building where meat and poultry only are cut, processed, wrapped and offered or kept for sale to the public. This definition shall not include an abattoir or a general purpose store. For the purpose of this definition, processing shall include the curing, as well as the manufacturing of cold cuts, but not smoking of meat." "CARRIED" . . . Council Minutes Recess Planning & Development Committee Report - Item 1, Feb. 15 & 19th, 1979 By-Law No. 79-28 - 11 - April 9th, 1979 Resolution #C-412-79 Moved by Councillor Prout, seconded by Councillor Clarke. THAT Clause 3 of By-Law No. 78-117 be amended to provide that the Area of the Butcher Shop shall not exceed the total Floor Area of 800 square feet. "CARRIED" On being put to a Vote the second reading of By-Law No. 78-117 was carried as amended. Resolution #C-4l3-79 Moved by Councillor Cowman, seconded by Councillor Prout. THAT the third reading of By-Law No. 78-117 be approved as amended. "CARRIED" Resolution #C-4l4-79 Moved by Councillor Hobbs, seconded by Councillor Prout. THAT the meeting be recessed until 5:15 p.m. "CARRIED" Resolution #C-4l5-79 Moved by Councillor Cowman, seconded by Councillor Hobbs. THAT Resolution #C-277-79 be lifted from the table. "CARRIED" On being put to a vote Resolution #C-20l-79 was approved. Resolution #C"4l6-79 Moved by Councillor Prout, seconded by Councillor Holliday. THAT leave be granted to introduce By-Law No. 79-28 being a by-law to stop up and close and authorize the conveyance of Parts 7, 8, 9, la, 39 and 40, Plan 10R-708, in the Town of Newcastle, in the Regional Municipality of Durham, and that the said by-law be now read a first time. "CARRIED" . . . Council Minutes By-Law No. 79-29 By-Law No. 79-30 - 12 - April 9th, 1979 Resolution #C-4l7-79 Moved by Councillor Prout, seconded by Councillor Holliday. THAT the second reading of By-Law No. 79-28 be approved. Resolution #C-4l8-79 Moved by Councillor Holliday, seconded by Councillor Cowman. THAT the second reading of By-Law No. 79-28 be tabled and referred to Staff to consult with objectors and report back to Council. "CARRIED" Resolution #C-4l9-79 Moved by Councillor Prout, seconded by Councillor Holliday. THAT leave be granted to introduce By-Law No. 79-29 being a by-law to stop up and close part of Lot 32, Eighth Concession, Geographic Township of Clarke, former County of Durham, designated as Part 3 on Plan 10R-9lS, and that the said by-law be now read a first time. "CARRIED" Resolution #C-420-79 Moved by Councillor Prout, seconded by Councillor Holliday. THAT the second reading of By-Law No. 79-29 be approved. "CARRIED" Resolution #C-42l-79 Moved by Councillor Prout, seconded by Councillor Holliday. THAT the third and final reading of By-Law No. 79-29 be approved. "CARRIED" Resolution #C-422-79 Moved by Councillor Prout, seconded by Councillor Barr. THAT leave be granted to introduce By-Law No. 79-30 being a by-law to permit the Durham Central Agricultural Fair at Orono to be open on Sunday the 9th day of September, 1979, and that the said by-law be now read a first time. "CARRIED" . . . Council Minutes By-Law No. 79-31 - 13 - April 9th, 1979 Resolution #C-423-79 Moved by Councillor Prout, seconded by Councillor Barr. THAT the second reading of By-Law No. 79-30 be approved. "CARRIED" Resolution #C-424-79 Moved by Councillor Prout, seconded by Councillor Barr. THAT the third and final reading of By-Law No. 79-30 be approved. "CARRIED" Resolution #C-425-79 Moved by Councillor Prout, seconded by Councillor Holliday. THAT leave be granted to introduce By-Law No. 79-31 being a by-law to authorize the entering into an agreement with Robert Wing, and that the said by-law be now read a first time. "CARRIED" Resolution #C-426-79 Moved by Councillor Prout, seconded by Councillor Holliday. THAT the second reading of By-Law No. 79-31 be approved. "CARRIED" Resolution #C-427-79 Moved by Councillor Prout, seconded by Councillor Holliday. THAT the third and final reading of By-Law No. 79-31 be approved. "CARRIED" . . . Council Minutes Expropriations Court ice Heights Non-Union Staff Salaries 1979 By-Law No. 79-32 - 14 - April 9th, 1979 Resolution #C-428-79 Moved by Councillor Cowman, seconded by Councillor Holliday. THAT the report of the Director of Public Works dated April 5th, 1979 regarding Retention - Siltation Pond and Sandringham Drive Expropriations - Courtice Heights, be approved. "CARRIED" NOTE: Councillor Hobbs left the meeting at this time. Resolution #C-429-79 Moved by Councillor Holliday, seconded by Councillor Clarke. THAT the Town Manager's Report regarding salaries of Non-Union Staff be approved. Resolution #C-430-79 Moved by Councillor Cowman, seconded by Councillor Barr. THAT the foregoing Resolution be tabled until the next Council Meeting. "CARRIED" Resolution #C-43l-79 Moved by Councillor Clarke, seconded by Councillor Barr. THAT leave be granted to introduce By-Law No. 79-32 being a by-law to confirm the proceedings of the Council of the Town of Newcastle at the meetings held on April 2nd, 1979 and April 9th, 1979, and that the said by-law be now read a first time. "CARRIED" Resolution #C-432-79 Moved by Councillor Clarke, seconded by Councillor Barr. THAT the second reading of By-Law No. 79-32, be approved. "CARRIED" . . . Council Minutes Adjournment - 15 - Resolution #C-433-79 April 9th, 1979 Moved by Councillor Clarke, seconded by Councillor Barr. THAT the third and final reading of By-Law No. 79-32 be approved. Resolution #C-434-79 "CARRIED" Moved by Councillor Prout, seconded by Councillor Cowman. THAT the meeting be adjourned at 6:45 p.m. "CARRIED" G.B. Rickard Mayor ~.> ;>,o~ AC~;'C/2t_~:"'<~,..... . J .M. McIlroy Town Clerk