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HomeMy WebLinkAbout07/30/1979 . . . Council Minutes Roll Call Counc il Minutes Special Council Minutes Special Council Minutes Mr. Doug Roy, D.R. Agencies re Courtice Subdivision Plan TOWN OF NEWCASTLE July 30 1979 Minutes of a regular meeting of Council held on July 30 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 Councillor Ivan M. Hobbs Councillor Jasper W. Holliday Councillor Maurice Prout Town Clerk J. M. McIlroy Also Present: A. C. Guiler, Town Manager D. Smith, Director of Planning T. A. Fanning, Director of Community Services J. Dunham, Director of Public Works Resolution #C-955-79 Moved by Councillor Barr, seconded by Councillor Clarke THAT the minutes of the Council Meeting held on July 16th, 1979 be adopted as read. "CARRIED" Resolution #C-956-79 Moved by Councillor Barr, seconded by Councillor Clarke THAT the minutes of the Special Council Meeting held on July 20th, 1979 be adopted as read. "CARRIED" Resolution #C-957-79 Moved by Councillor Barr, seconded by Councillor Clarke THAT the minutes of the Special Council Meeting held on July 23rd, 1979 be adopted as read. "CARRIED" Mr. Doug Roy, D. R. Agencies appeared before Council regarding his proposed Subdivision #18T77002. He requested Council 'to approve of the Plan subject to the Subdivision being contingent on the acceptance of an architectural agreement and a comprehensive development . . . Council Minutes Mr. Peter Weston re Phase 3 - Bowmanville Mall Mr. V. Visconti re Building Permi t Mr. Chris Taylor, Ontario Hydro re Film Presentation Mr. Charles Ewert re Brooking Transport Rezoning Communications -2- July 30 1979 agreement to include all costs Developer between the Town and (See Resolution #Cl014-79) to be borne by the the Developer. Mr. Peter Weston and solicitor Roger Elliot appeared before Council regarding Phase 3 of the Bowmanville Mall. (See By-Law #79-73) Mr. Visconti appeared before Council regarding permission to move a home. (See Resolution #C_1015-79) Resolution #C-958-79 Moved by Councillor Prout, seconded by Councillor Clarke THAT the Rules of Procedure be suspended to allow Mr. Taylor enough time to make his film presentation. "LOST" Recorded Vote: Councillor Barr.........Nay Councillor Clarke.......yea Councillor Cowman.......Nay Councillor Hobbs........Nay Councillor HOlliday.....Nay Councillor Prout........yea Mayor Rickard...........yea Mr. Charles Ewert appeared before Council requesting approval of Brooking Transport rezoning application. (See Item #11 of the Planning and Development Committee Report of July 23, 1979). Resolution #C-959-79 Moved by Councillor Prout, seconded by Councillor Clarke THAT Mr. Zakarow and his solicitor Mr. Fine be heard. "CARRIED" Mr. Fine requested Council to reconsider the recommendation of the Planning and Development Committee granting the Brooking Rezoning Application, as he considered that the present use may be illegal. (See Item #11 of the Planning and Development Committee Report of July 23 1979). Resolution #C-960-79 Moved by Councillor Prout, seconded by Councillor Holliday THAT the Town Clerk's disposition of communications to be received for information be approved except for Item 5. "CARRIED" . . . Council Minutes Toronto Area Transit Operating Authority Mr. E. Pollard Newcastle Lions Club's Beer Garden and Dance -3- July 30 1979 1. Ministry of Intergovernmental Affairs re Ontario Building Officials Association's Resolution relative to Heritage Buildings be received for information. 2. Ganaraska Region Conservation Authority re Minutes of Meetings held on July 11th and June 20th, 1979 be received for information. 3. Central Lake Ontario Conservation Authority re Stormwater Management Study - Courtice Area be received for information. 4. The Liquor Licence Board of Ontario re Application by Bowmanville Restaurant be received for information. 6. Ontario Municipal Board re Decision of an Appeal by John Rice and Others from a Decision of the Committee of Adjustment be received for information. Resolution #C-961-79 Moved by Councillor Holliday, seconded by Councillor Clarke THAT the letter dated July 10 1979 from the Toronto Area Transit Operating Authority be received for information. Resolution #C-962-79 Moved by Councillor Hobbs, seconded by Councillor Prout THAT the letter be tabled pending further information from the T.A.T.O.A. as to whether the service will be operating on Sundays. "CARRIED" Resolution #C-963-79 Moved by Councillor Holliday, seconded by Councillor Prout THAT the request contained in Mr. E. Pollard's letter dated July 18, 1979 relative to receiving permission to obtain present dwelling on lot during construction of a new home be approved, subject to Mr. Pollard signing an agreement to remove the present home within six months or on occupancy of the new home, whatever occurs first. "CARRIED" Resolution #C-964-79 Moved by Councillor Barr, seconded by Councillor Clarke THAT Newcastle Lions Club's request to hold their annual Beer Garden and Dance on August II 1979 be approved, subject to all other approvals being given, i.e. Durham Regional Police Force, Durham Regional Health Unit, and the Town of Newcastle Fire Chief. "CARRIED" . . . Council Minutes Orono Fund Raising Committee Recess Soap Box Derby and Mardi Gras Parade Ministry of Housing re O.H.A.P. Loan Agreements A.M.O. Conference -4- July 30 1979 Resolution #C-965-79 Moved by Councillor Clarke, seconded by Councillor Barr THAT the Orono Fund Raising Committee's Request dated July 23 1979 to hold a fund raising event of hot meals and bar at the Orono Fair, September 6th to 9th, 1979 be approved and the Liquor Licence Board be notified of Council's approval of this event. "CARRIED AS AMENDED" Resolution #C-966-79 Moved by Councillor HOlliday, seconded by Councillor Barr THAT the foregoing resolution be amended to require the necessary approvals from the Regional Police Force, the Regional Health Unit and the Newcastle Fire Chief. "CARRIED" Resolution #C-967-79 Moved by Councillor Hobbs, seconded by Councillor Prout THAT there be a recess for five minutes. "CARRIED" Resolution #C-968-79A Moved by Councillor Prout, seconded by Councillor Clarke THAT Council approve of the request from the Recreation Department to hold the annual Soap Box Derby on August 9 and the Mardi Gras Parade on August 14, 1979. "CARRIED" Resolution #C-968-79B Moved by Councillor Holliday, seconded by Councillor Barr THAT the letter dated July 24 1979 from the Ministry of Housing regarding the amount paid out under O.H.A.P. Loan Agreements be received for information. "CARRIED" Resolution #C-968-79 C Moved by Councillor Hobbs, seconded by Councillor Holliday THAT the Town Clerk's report regarding voting delegates . . . Council Minutes Planning and Development Chainnan's Report -5- July 30 1979 to the A.M.a. Conference be referred to the Mayor and the Town Manager with power to submit nominations for voting delegates to the association. "CARRIED" NOTE: The Notice of Motion moved by Councillor Cowman, seconded by Councillor Holliday regarding Ontario Hydro rates was withdrawn. Councillor Holliday left the Council table during the consideration of this report after submitting the following declaration regarding conflict of interest. Declaration by J. W. Holliday of an indirect Conflict of Interest in the matter of the application for Rezoning ZA 2-6-3 Brooking Transport. Inasmuch as my employer W. Frank has an interest in the neighbourhood lands and this matter only came to my attention on July 26 or 27, 1979, I hereby request that the Clerk record this conflict in the minutes of this meeting forthwith. Signed: J. W. Holliday Dated this 30th day of July 1979. Resolution #C-969-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT the Planning and Development Committee Chairman's Report of Meeting held on July 23rd, 1979 be adopted except for Items 1, 5, 10 and 11. "CARRIED" Resolution #C-970-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT Item 1 of the foregoing report be adopted. "CARRIED" Resolution #C97l-79 Moved by Councillor Hobbs, seconded by Councillor Prout THAT Item 5 of the foregoing report be adopted. . . . Council Minutes -6- July 30 1979 Mayor Rickard vacated the Chair at this point and withdrew from the Meeting as he stated that the re-alignment of the road affected property in which he had an interest, and Councillor Clarke took the Chair. On being put to a vote Resolution #971-79 was carried. His Worship reassumed the Chair. Resolution #C972-79 Moved by Councillor Clarke, seconded by Councillor Prout THAT Item 10 of the foregoing report be adopted. Resolution #C973-79 Moved by Councillor Cowman, seconded by Councillor Hobbs THAT Item 10 be tabled. Recorded Vote: Councillor Barr...........Nay Councillor Clarke.........yea Councillor Cowman.........yea Councillor Hobbs..........yea Councillor Prout..........yea Mayor Rickard.............Nay "CARRIED" Resolution #C974-79 Moved by Councillor Prout, seconded by Councillor Cowman THAT Item 11 of the foregoing report be adopted. Resolution #C-975-79 Moved by Councillor Barr, seconded by Councillor Clarke THAT Item 11 be tabled to allow Mr. Ewert to submit a further report to the first Planning and Development Committee meeting in September. "CARRIED" Councillor Holliday returned to the Council table at this point. . . . Council Minutes -7 - July 30 1979 Resolution #C-976-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT Report #2 of the Planning and Development Committee meeting on July 23 1979 be approved except for Items 1, 2 and 3. Resolution #C-977-79 Moved by Councillor Holliday, seconded by Councillor Barr THAT Item 1 of the foregoing report be adopted. "CARRIED AS AMENDED" Resolution #C-978-79 Moved by Councillor Holliday, seconded by Councillor Barr THAT the foregoing resolution be amended to divide into Items A and B . . "CARRIED" On being put to a vote Resolution #C-976-79 was adopted. Resolution #C-979-79 Moved by Councillor Cowman, seconded By Councillor Hobbs THAT Resolutions C-933-79, C-936-79 and C-937-79 passed by Council on July 20 1979 be rescinded. Recorded vote: Councillor Barr...........Nay Councillor Cowman.........yea Councillor Clarke.........yea Councillor Hobbs..........yea Councillor Holliday.......Nay Councillor Prout... .. .... .Nay Mayor Rickard.............Nay "MeTION LOST" Resolution #C-980-79 Moved by Councillor Holliday, seconded by Councillor Prout THAT Item 2 of the foregoing report be adopted. "CARRIED" . . . Council Minutes Recess Community Services Committee Mayor Rickard's Report Town Planner's Report -8- July 30 1979 Resolution #C-98l-79 Moved by Councillor Barr, seconded by Councillor Holliday THAT Item 3 of the foregoing report be adopted. Recorded Vote: Councillor Barr..........Nay Councillor Clarke........Yea Councillor Cowman........Nay Councillor Hobbs.........Nay Councillor HOlliday......Yea COlUlcillor Prout.... . . . . . Yea Mayor Rickard. .......... .Yea "CARRIED" Resolution #C-982-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT there be a 10 minute recess. "CARRIED" Resolution #C-982-79 A Moved by COlUlcillor Prout, seconded by Councillor Holliday THAT the Community Services Committee Chairman's Report of meeting held on July 24 1979 be adopted. "CARRIED" Resolution #C-983-79 Moved by Councillor Clarke, seconded by Councillor Barr THAT Mayor Rickard's Report dated July 25 1979 regarding Rules of Procedure, be received for information. "CARRIED" Resolution #C-984-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT the Town Planner's Report dated July 30 1979 relative to Phase III of Bowmanville Mall Rezoning be approved, and the necessary By-Law be considered. "CARRIED" Resolution #C-985-79 Moved by Councillor Cowman, seconded by COlUlcillor Clarke WHEREAS COlUlcil favours the rezoning by-law for the Phase III expansion of Bowmanville Mall only if an agreement . . . Council Minutes Town Manager's Report re Resolution C-920-79 Hydro Restructuring Committee Minutes Town Clerk's Report -9- July 30 1979 satisfactory to it is executed. "Council directs staff and its solicitor not to forward the By-law for the Phase III expansion of Bowmanville Mall to the O.M.B. for approval until Council has received from Bowmanville Mall an executed development agreement fully satisfactory to Council together with the appropriate securities." "CARRIED" Resolution #C-986-79 Moved by Councillor Hobbs, seconded by Councillor Holliday THAT the Town Manager's Report dated July 24 1979 regarding Meetings to be rescheduled from August 20th to 21st, 1979 be approved and the following dates accepted:- a) Planning & Development Committee, Thursday, August 23rd, 1979 at 9:30 a.m. in Court Room-No.2. b) Community Services Committee, Friday, August 24th, 1979 at 9:30 a.m. in the Bell Building Committee Room. "CARRIED" Resolution #C-987-79 Moved by Coancillor Holliday, seconded by Councillor Prout THAT the Hydro Restructuring Committee Minutes of meeting held on July 19th, 1979 be received for information, and Council reaffirms that it wishes the Committee to make the recommendations for appointments to the Transitional Commission. "MOTION LOST" Resolution #C-988-79 Moved by Councillor Cowman, seconded by Councillor Hobbs THAT the Hydro Restructuring report regarding the meeting held July 19 1979 be received for information. "CARRIED" Resolution #C-989-79 Moved by Councillor Holliday, seconded by Councillor Prout THAT the Town Clerk's report re Application for Amendment to Zoning By-law be received for information. "CARRIED" . . . Council Minutes By-Law No. 79-67 By-Law No. 79-68 . -10- July 30 1979 Resolution #C990-79 Moved by Councillor Holliday, seconded by Councillor Prout THAT leave be granted to introduce By-Law No. 79-67 being a by-law to establish a Board of Management to operate a Museum on its behalf (Bowmanvil1e Museum), and that the said by-law be now read a first time. "CARRIED" Resolution #C-99l-79 Moved by Councillor Hol1iday~econded by Councillor Prout THAT the second reading be tabled and referred to the Town Manager for a report. On being put to a vote the second reading of By-Law 79-67 was carried by the following recorded vote: Councillor Barr..........yea Councillor C1arke........yea Councillor Cowman........Nay Councillor Hobbs.........yea Councillor Hol1iday......yea Councillor Prout.........Yea Mayor Rickard. .......... .Nay Resolution #C-992-79 Moved by Councillor Holliday, seconded by Councillor Prout THAT the third and final reading of By-Law 79-67 be approved. "CARRIED" Resolution #C-993-79 Moved by Councillor Barr, seconded by Councillor Clarke THAT leave be granted to introduce By-Law No. 79-68 being a by-law to establish a Board of Management to operate a Museum on its behalf (Clarke Museum) and that the said by-law be now read a first time. "CARRIED" Resolution #C-994-79 Moved by Councillor Barr, seconded by Councillor Clarke THAT the second reading of By-Law No. 79-68 be approved. "CARRIED" . . . Council Minutes By-Law No. 79-69 By-Law No. 79-70 -11- July 30 1979 Resolution #C-995-79 Moved by Councillor Barr, seconded by Councillor Clarke THAT the third and final reading of By-Law No. 79-68 be approved. "CARRIED" Resolution #C-996-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT leave be granted to introduce By-Law No. 79-69 being a by-law to adopt a Policy in respect of Parkland Dedications in the Town of Newcastle under Section 33 of the Planning Act (Subdivisions), and that the said by-law be now read a first time. "CARRIED" Resolution #C-997-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT the second reading of By-Law No. 79-69 be approved. "CARRIED" Resolution #C-998-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT the third and final reading of By-Law No. 79-69 be approved. "CARRIED" Resolution #C-999-79 Moved by Councillor Hobbs, seconded by Councillor Holliday THAT leave be granted to introduce By-Law No. 79-70 being a by-law to stop up and close and authorize the conveyance of part of the road allowance being composed of Part 2 Plan 10R-964 of the Geographic Township of Darlington (formerly County of Durham) now within the limits of the Town of Newcastle, Regional Municipality of Durham, and that the said by-law be now read a first time. "CARRIED" . . . Council Minutes By-Law No. 79-71 . -12- July 30 1979 Resolution #C-IOOO-79 Moved by Councillor Hobbs, seconded by Councillor Holliday THAT the second reading of By-Law No. 79-70 be approved. "CARRIED" Resolution #C-IOOl-79 Moved by Councillor Hobbs, seconded by Councillor Holliday THAT the third and final reading of By-Law No. 79-70 be approved. "CARRIED" No one in the audience objected to the passing of By-Law no. 79-70. Resolution #C-I002-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT leave be granted to introduce By-Law No. 79-71 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-I003-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT the second reading of By-Law No. 79-71 be approved. "CARRIED" Resolution #C-I004-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT the third and final reading of By-Law No. 79-71 be approved. "CARRIED" . . . Council Minutes By-Law No. 79-72 (Donoghue) By-Law No. 79-73 (See 79 -116) -13- July 30 1979 Resolution #C-1005-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT leave be granted to introduce By-Law No. 79-72 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-1006-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT the second reading of By-Law No.,79-72 be approved. "CARRIED" Resolution #C-1007-79 Moved by Councillor Cowman, seconded by Councillor Clarke THAT the third and final reading of By-Law No. 79-72 be approved. "CARRIED" Resolution #C-1008-79 Moved by Councillor Cowman, seconded by Councillor Holliday THAT leave be granted to introduce By-Law No. 79-73 being a by-law to amend Restricted Area By-Law No. lS87 of the former Town of Bowmanville as amended. and that the said by-law be now read a first time. "CARRIED" Resolution #C-1009-79 Moved by Councillor Cowman, seconded by Councillor Holliday THAT the second reading of By-Law 79-73 be approved. "CARRIED AS AMENDED" Resolution #C-lOlO-79 Moved by Councillor Hobbs, seconded by Councillor Cowman THAT a site plan be negotiated by staff prior to submitting By-Law 79-73 for a third reading. "CARRIED" Council Minutes . Mayor I S Report . Mr. Doug Roy, D.R.Agencies . -14- July 30 1979 Resolution #C-lOll-79 Moved by Councillor Cowman, seconded by Councillor Hobbs THAT the third reading of By-Law 79-73 be approved. Resolution #C-1012-79 Moved by Councillor Holliday, seconded by Councillor Clarke THAT the third reading of By-Law 79-73 be tabled pending a staff report on the site plan. "CARRIED" Resolution #C-1013-79 Moved by Councillor Clarke, seconded by Councillor Barr THAT the following report submitted by Mayor Rickard be approved. Resolution W-166-79 of the Public Works Committee was not included in the report of the Public Works Committee on the Council Agenda of July 16th, 1979. "THAT in view of the exorbitant problems resulting from the movement of Aggregates, Town Staff undertake the feasibility of establishing a truck route for aggregates, in particular from Leskard area southward and report back as soon as possible." 1 would recommend that this resolution be amended and approved by adding the following: "and the necessary fieldwork be initiated to determine cost estimates for an alternative route at a sum not exceeding $5,000.00 to be drawn as follows: 1/3 from Station Account - Hydro Agreement 2/3 from the reserve account from the sale of road allowances. Resolution #C-1014-79 "CARRIED" Moved by Councillor Prout, seconded by Councillor Clarke THAT Mr. Doug Roy's request regarding his subdivision be approved. Recorded Vote: Councillor Barr......... ..Nay Councillor Clarke........ Yea Councillor Cowman........Nay Councillor Hobbs.........May Councillor HOlliday...... Yea Councillor Prout........ Yea Mayor Rickard............yea "CARRIED" . Mr. Roy's request was as follows: To approve of Plan of Subdivision #18T77002 subject to the subdivision being contingent on the acceptance of an architectural agreement and comprehensive development agreement to include all costs to be borne by the Developer between the Town and the Developer. . . . . . Council Minutes Mr. V. Visconti Mr. Chris Taylor, Ontario Hydro Mr. Greenspan Full-time solicitor By-Law No. 79-74 -15- July 30 1979 Resolution #C-1015-79 Moved by Councillor Prout, seconded by Councillor Holliday THAT Mr. Visconti's request be referred to staff. "CARRIED" Resolution #C-1016-79 Moved by Councillor Holliday, seconded by Councillor Prout THAT Mr. Chris Taylor be invited to the next meeting of the Hydro Liaison Committee. "CARRIED" Resolution #C-1017-79 Moved by Councillor Cowman, seconded by Councillor Hobbs THAT the Town Clerk be requested to contact Mr. Greenspan to find out if Resolutions C-936-79, C-937-79 contravened the procedure by-law. "CARRIED" Resolution #C-1018-79 Moved by Councillor Hobbs, seconded by Councillor Cowman THAT Mayor Rickard be requested to appoint a committee member of Council to work with the Town Manager to explore the possibility of appointing a full-time solicitor on staff based on much lower cost than in the past. "CARRIED" Resolution #C-1019-79 Moved by Councillor Prout, seconded by Councillor Clarke THAT leave be granted to introduce By-Law No. 79-74 being a by-law to confirm the proceedings of the Council of the Town of Newcastle at this meeting held on the 30th day of July 1979, and that the said by-law be now read a first time. "CARRIED" Resolution #C-l020-79 Moved by Councillor Prout, seconded by Councillor Clarke THAT the second reading of By-Law No. 79-74 be approved. "CARRIED" . . . Council Minutes Adjournment -16- July 30 1979 Resolution #C-102l-79 Moved by Councillor Prout, seconded by Councillor Barr THAT the third and final reading of By-Law No. 79-74 be approved. "CARRIED" Resolution #C-1022-79 Moved by Councillor Prout, seconded by Councillor HObbs THAT the meeting be adjourned at 11:30 p.m. "CARRIED" /.~../. ~./ G. B. Rickard~ /:,-'--/-<-_/" Mayor J. M. McIlroy Clerk \ck'-~ /"'"